TERMS AND CONDITIONS

PART A –GENERAL TERMS AND CONDITIONS

  1. LEGAL TERMS OF USE
    1. This website can be accessed at www.peptideclinics.co.za and is owned and provided by Peptide Clinics South Africa Proprietary Limited (registration number 2018/023869/07) (hereinafter referred to as “Peptide Clinics”,”us”,”we” and “our”).
    2. Please take a moment to read these terms and conditions that follow below (“Legal Terms of Use” or “terms and conditions”) to understand how they apply to you and govern your use of our website and the ordering, sale, and delivery of any products that you may order by using the website.
    3. Save for any liability which may arise in terms of Applicable Law (as defined in 4 below), Peptide Clinics will not be liable for any loss, damage or expense arising from the use of or reliance upon the information provided on this Website and does not guarantee or warrant the completeness or accuracy of any information contained on this Website.
    4. These terms and conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”) and conditions contain provisions which –
      1. may limit the risk or liability of Peptide Clinics or a third party; and/or
      2. may create risk or liability for you; and/or
      3. may compel you to indemnify Peptide Clinics or a third party; and/or
      4. may serve as an acknowledgement by you of a fact, and accordingly your attention is being drawn to these terms and conditions because they are important and should be read carefully.
  2. ACCESS TO THIS WEBSITE
    1. Access to and use of this website is permitted by Peptide Clinics subject to these terms and conditions. By using and/or accessing this website, you will be deemed to have read, understood and accepted these terms and conditions, and you hereby agree to be bound by and adhere to these terms and conditions.
    2. The parties to these terms and conditions shall be you and Peptide Clinics.You acknowledge and agree that these terms and conditions, which include the Privacy Policy and the Returns Policy, constitute the complete and exclusive agreement between you and Peptide Clinics concerning your use of or purchases on its website, and supersede and govern all prior agreements or other communications.
    3. Please do not use our website if you do not agree to be bound by these terms and conditions.
    4. Should there be any provision in these terms and conditions that you do not understand, the onus is on you to ask us for clarity with regard to such provisions.
    5. Peptide Clinics reserves the right to amend, update or replace these terms and conditions at any time, without notice to you, to reflect the current range of products and policies. You should regularly check the Legal Terms of Use before using the website to keep informed of any changes to these terms and conditions.
  3. INFORMATION ON THIS WEBSITE
    1. This website is intended to provide information to South African users in compliance with the laws and regulations of the Republic of South Africa. Peptide Clinics reserves the right to limit or refuse the supply of products to any person, geographic region or jurisdiction. If a product is prohibited in any jurisdiction, we will not be obliged to offer that product in that jurisdiction.
    2. Nothing in this website should be interpreted as promoting any product that is not authorised in terms of the laws and regulations of the Republic of South Africa or the laws and regulations of the country where you are located. If any advice or recommendations are given, such advice and/or recommendations shall be non binding.
  4. APPLICABLE LAW
    1. These terms and conditions are governed by the laws of the Republic of South Africa (“Applicable Law”).You hereby consent, in respect of any disputes arising out of your use of this website or these terms and conditions, to the non-exclusive jurisdiction of the High Court of South Africa, Gauteng Local Division.
    2. Nothing in these terms and conditions is intended or must be understood to unlawfully restrict, unlawfully limit or unlawfully avoid any right or obligation, as the case may be, created for either you or Peptide Clinics in terms of the CPA.
  5. RESTRICTIONS ON USE
    1. This website is provided voetstoots (“as is”), and your use of this website is entirely at your own risk. We –
      1. make no representations or warranties as to the operation of this website or the content thereof, nor do we warrant that your use of this website will be uninterrupted or free of error; and
      2. accept no liability, to the extent permitted by Applicable Law, for any direct, indirect, incidental, special or consequential loss or damage of any kind whatsoever or howsoever caused arising from the access or use of our website, the purchase of any of our products, any reliance placed on the content of the website, or otherwise.
    2. You agree that you will:
      1. use this website in accordance with these terms and conditions and will not use this website for any unlawful purpose;
      2. only use this website for your personal and non-commercial use; and
      3. not violate or attempt to violate the security of the website, nor violate any right of Peptide Clinics.
    3. The unauthorised use, copying, reproduction, variation, modification or distribution of the content of this website, the uploading of any unlawful or damaging information or viral software, or the creation of any links to our website from any other site whatsoever, is strictly prohibited.
    4. You hereby agree, to the extent permissible in terms of Applicable Law, to indemnify us against –
      1. any loss, damage, harm, claim or any other cost whatsoever that we may sustain as a result of your use of our website and/or its contents contrary to these terms and conditions; and
      2. any loss or damage suffered or liability incurred by reason of any act or omission on your part or that of any third party acting on your behalf in connection with your use of our website and/or your purchase of any products or services.
    5. Your use of this website does not constitute a binding agreement to purchase Peptide Clinics’ products and services. In addition to these terms and conditions, specific conditions may apply to some of the products which Peptide Clinics supplies. These will be brought to your attention at the time Peptide Clinics supplies the particular products to you.
    6. We use cookies to identify the computing device with which you connect to our website. We reserve the right to restrict your use and access to our website or part thereof in the event of any unauthorised use.
    7. We reserve the right to suspend our website or any part thereof or terminate your account at any time if we, in our sole discretion, determine that you are not using the website in compliance with these terms and conditions or if we believe the information provided by you is untrue, inaccurate or incomplete.
  6. BRANDING
    All intellectual property rights in any material or content displayed on this website, including, without limitation, trademarks, logos and trade names, belong to or is licensed to Peptide Clinics, its affiliates, or licensors, and are used with Peptide Clinics’ permission. This applies to all trademarks displayed on this website, whether or not appearing with the trademark symbol (™). Nothing on this website should be construed as granting any right or licence to use any trademark displayed on this website without the prior written permission of Peptide Clinics, its affiliates or licensors.
  7. COPYRIGHT
    All text, advertising material, images, graphics, audio and other content on this website are subject to copyright and are presented solely for your personal and non-commercial use. Other than viewing and downloading content from the website for such purposes, you do not have the right to duplicate, distribute, alter or use alternatively, these intellectual property rights without Peptide Clinics’ written permission.
  8. HYPERLINKS
    1. Any third party reference to any website of Peptide Clinics via hyperlink is only permitted with the prior approval of Peptide Clinics. Peptide Clinics makes no representations or warranties regarding any content published by third parties referring, by hyperlink, to Peptide Clinics’ websites.
    2. For the convenience of visitors to this website, Peptide Clinics may provide hyperlinks to other websites. By providing such hyperlinks, Peptide Clinics in no way represents that it has approved the content of those websites, and is neither responsible for the content of such websites nor liable for any damage or injury resulting from reliance on such content.
  9. FORWARD-LOOKING STATEMENTS
    [This website may include forward-looking statements]. These statements are based on the reasonable beliefs of Peptide Clinics’ management as well as assumptions made by and information currently available to Peptide Clinics. Many factors that Peptide Clinics is unable to predict with accuracy could cause Peptide Clinics’ actual results, performance or achievements to be materially different from those that may be expressed or implied by such forward-looking statements. These factors include the ability of Peptide Clinics to launch new products, regulatory requirements, the sales and marketing methods used by Peptide Clinics to distribute its products, and the composition of Peptide Clinics’ product portfolio.
  10. WARRANTIES AND REPRESENTATIONS
    1. Peptide Clinics’ website and the information, names, images, pictures, logos and icons relating to it and its products, are provided “as is” and on an “as available” basis.
    2. Except for any implied condition, warranty, or representation, the exclusion of which would contravene any statute or cause this provision to be void (“Non-Excludable Condition”), and to the extent permitted by Applicable Law, Peptide Clinics makes no express or implied warranties –
      1. as to:
        1. the continued availability of this website;
        2. the accuracy, reliability or completeness of its contents;
        3. the currency of the content of the website;
        4. the functioning of the website free from error or interruption;
        5. the results that can be gained from the use of Peptide Clinics‘ products; or
        6. the safety of the website or the server from computer viruses or malicious bugs; or
      2.  to you in relation to the website, its contents or the products offered for sale on the website from time to time, and expressly excludes, in relation thereto, all warranties, representations, conditions, terms and guarantees implied by Applicable Law, including (without limitation) statute, common law, international convention or custom, including, without limitation, any and all implied warranties with respect to acceptable quality, fitness for disclosed purpose, title and non-infringement.
    3. Nothing contained in this website shall be construed as conferring by implication, estoppel or otherwise any licence or right under any trademark or copyright or any other right of Peptide Clinics or any other third party.
  11. USER PARTICIPATION
    1. You may transmit or submit on this website, your own personal comments, videos, photos and testimonials of product usage as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, injurious to third parties or otherwise objectionable and does not consist of or contain computer viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You must not submit a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the content.
    2. Peptide Clinics may monitor or review all communications and materials created and transmitted or submitted by users accessing this website. In addition, Peptide Clinics has sole discretion on whether to upload the submitted content onto its website for public viewing.
    3. Whilst it is not in any way responsible for the content of these communications and materials, Peptide Clinics reserves the right to block or remove communications or materials that it determines are:
      1. abusive, defamatory, or obscene;
      2. false, misleading or deceptive;
      3. in violation or potential violation of a copyright, trademark or other intellectual property right of another;
      4. in violation or potential violation of any law or regulation; or
      5. offensive or otherwise unacceptable to Peptide Clinics for any reason at its sole discretion.
    4. Note that any personally identifiable information that you post or submit will be treated in accordance with our Privacy Policy.
    5. Peptide Clinics will not be liable for the content of any communications posted by you, whether or not arising under the laws of copyright, trademarks, defamation, privacy, consumer protection, or otherwise.
  12. RIGHTS TO USER SUBMISSIONS
    1. If you transmit or submit material to this website in accordance with 11(collectively “Submissions”), you grant Peptide Clinics a non-exclusive, royalty-free, perpetual, irrevocable and transferrable licence and right to use, reproduce, disclose, modify, adapt, publish, translate, assign, create derivative works from, distribute, display, exercise all copyright and publicity rights and otherwise use such content, data, images, sounds, text, and other things embodied therein for any and all advertising and marketing purposes as it sees fit, throughout the world in any media subject to our Privacy Policy, and not for any other purpose unless permitted by you.
    2. Except for any personally identifiable information Peptide Clinics may collect from you in accordance with Peptide Clinics’ Privacy Policy, any material, information or other communication you transmit, upload or post to this website will be considered non-confidential and non-proprietary.
    3. You grant Peptide Clinics the right to use the name that you submit in connection with such content. You represent and warrant:
      1. that the content is true and accurate;
      2. that you own or otherwise control the rights to your Submission;
      3. that use of the content you supply does not violate this policy;
      4. that it does not infringe any third party’s intellectual property and will not cause injury to any person or entity; and
      5. that your Submission does not constitute or contain software viruses, commercial solicitation, political campaigning, chain letters, mass mailings, or any form of “spam.”
    4. You hereby agree, to the extent permissible in terms of Applicable Law, to fully indemnify Peptide Clinics for all claims arising from or in connection with your breach of any of the above warranties relating to your Submissions. Peptide Clinics takes no responsibility and assumes no liability for any content posted by you or any third party.
    5. If you do not wish to grant such rights to Peptide Clinics, it is suggested that you do not post, transmit, upload or submit any Submissions to this website.
  13. LIMITATION OF LIABILITY
    1. Except as provided by Applicable Law pursuant to a non-excludable condition, Peptide Clinics will not be liable for any loss or damage suffered in connection with your use, or loss of use, of this website. To the extent permitted by Applicable Law, if your use of this website relates to the purchase of any Peptide Clinics product:
      1. Peptide Clinics’ entire liability for any breach of any one or more non-excludable conditions in relation to a product supplied to you will be limited at its option to supply to you the product again or repayment to you of the amount actually received from you in respect of that product only;
      2. Peptide Clinic’s entire liability to you other than in circumstances contemplated in 13.1.1 for any loss or damage at law shall not exceed the total amount Peptide Clinics actually received from you for the product which gave rise to the loss or damage; and
      3. Peptide Clinics will not be liable in any event for any consequential, indirect, incidental, special, punitive or exemplary damages, or any loss of profits or loss or corruption of data, damage to a computer system, loss of anticipated savings, loss of goodwill or economic loss, even if Peptide Clinics has been advised of the possibility of such loss or damage.
    2. You hereby agree that Peptide Clinics’ liability to you at law will be reduced by the extent to which you contributed to any loss incurred by you.

Peptide Clinics’ failure to require your performance of any terms and conditions of this Legal Terms of Use shall not affect its full right to require such performance at any time thereafter, nor shall its waiver of a breach of any of these terms and conditions be taken or held to be a waiver of future breaches of these terms and conditions. No failure to exercise and no delay by Peptide Clinics in exercising any right, remedy, power or privilege under these terms and conditions and no course of dealing, shall be construed or operate as a waiver of these terms and conditions.

 

PART B – SALE OF PRODUCTS

  1. ELIGIBILITY TO PURCHASE
    To be eligible to purchase goods on this website and to lawfully enter into and form contracts on this website under Applicable Law you must (i) be 18 years or older; (ii) be the owner of a valid debit or credit card; and (iii) must be in possession of a valid prescription for the goods on our website from one of our registered medical practitioners. For further information about obtaining a prescription, please visit How to Buy Peptides.
  2. PRODUCT RANGE
    Products displayed on Peptide Clinics’ website may not be available or be as described. Peptide Clinics will endeavour to ensure that product details, descriptions, images and prices appearing on its website are correct at the time the relevant information was entered onto the system. However, to the extent permitted in terms of Applicable Law, Peptide Clinics does not warrant that the product descriptions, colours or other content available on the website are accurate, complete, reliable, current, or error-free.
  3. PRICES
    1. All prices indicated for products available via this website are in South African Rand (ZAR) inclusive of VAT(where applicable), are exclusive of delivery charges. The total cost of your order is the price of the products ordered and delivery charges as set out in the FAQ section of this website.
    2. You acknowledge that pricing on the website may change at any time without notice to you.
  4. PERSONAL USE
    The products available on this website, and any product samples which are provided to you, are for your personal use only. You must not sell or resell any of the products, or product samples, that you purchase or otherwise receive from us. Please note that product samples are subject to availability.
  5. PLACING AN ORDER
    1. The Peptide Clinics website will contain instructions which will guide you through the process of placing an order. You will be offered the opportunity to review your proposed order and confirm or correct it prior to finally placing your order. Once you have placed your order, Peptide Clinics will send to you an email acknowledgement providing you with the details and value of your order, which has been or will be debited to your credit or debit card or any payment method offered, inter alia EFT.
    2. Peptide Clinics may not accept your order if:
      1. you do not have a valid prescription for the item you have ordered;
      2. an item you have ordered is out of stock;
      3. it is unable to obtain authorisation for your payment or is unable to confirm that payment has been received;
      4. for one or more reasons set out in 22 of these terms and conditions;
      5. it suspects fraudulent activity or violation of the Legal Terms of Use (including the Privacy Policy); or
      6. it identifies a product or pricing error.
    3. If Peptide Clinics is unable to fulfill your order following acknowledgement of its placement, Peptide Clinics will contact you by email advising you of this. See 20 (Cancellation of order).
    4. Unless Peptide Clinics has notified you that it does not accept your order or if you have canceled your order, the acceptance of your order and the completion of the contract between you and Peptide Clinics will take place when Peptide Clinics dispatches the goods ordered by you.
    5. If you require any information regarding your order(s) please contact Customer Service (open 9 am – 5 pm, Monday to Friday, excluding public holidays). Please see our Contact Page in this regard.
  6. PAYMENT
    1. You may pay for any purchase using any of the methods specified in the FAQ section of this website. By purchasing products from our website, you confirm that the credit or debit card that is being used is owned by you. All credit and debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses or does not, for any reason, authorise payment to us, whether, in advance or subsequent to a payment, Peptide Clinics will not be liable for any delay or non-delivery.
    2. Your Credit Card Verification number (CCV) is requested during the processing of your payment online. This number is only found on the physical card, not on any receipts or imprints from EFTPOS machines. Although this does not guarantee that the card used for the purchase has not been stolen, it does assure us that the person placing the order has the card physically with them at the time of the order, and is, therefore, an additional security measure.
  7. CANCELLATION OF ORDER
    1. If Peptide Clinics reasonably believes, in its sole discretion, that the completion of your order may result in a violation of the Legal Terms of Use, Peptide Clinics may, with or without notice, cancel or reduce the quantity of your order.
    2. Peptide Clinics notes that on occasion, orders or parts of an order are cancelled by its system for various reasons including: that the item(s) is not available; that there was difficulty in processing payment information; that delivery to the address was not possible; that a duplicate order was placed; or that the order was cancelled at the customer’s request. If your order is canceled, you will receive an email to explain the reason for the cancellation and the appropriate amount will, subject to these terms and conditions, be refunded via your original payment method.
    3. Please note that because Peptide Clinics generally dispatches orders within 2-4 days (excluding weekends and public holidays) after your order has been accepted by us. It may not be possible to cancel an accepted order prior to its dispatch. In this event, you will have to return your order once you have received it in accordance with the Returns Policy.
  8. CREDIT CARD CHARGEBACK POLICY
    1. Peptide Clinics does not tolerate credit card fraud. Peptide Clinics hereby reserves its rights to prosecute any such fraud to the full extent of the law and to pursue civil legal action seeking to recover any loss or damage suffered relating to the fraud, including business costs and expenses, legal fees (on an attorney and own client scale), research costs, employee downtime and loss of revenues.
    2. Peptide Clinics considers credit card charge backs to be fraud if you made no reasonable effort to notify us that a problem existed and allow us considerable time to resolve or clarify the matter.
    3. All frivolous chargebacks not only cost our employees time away from our usual and customary matters of conducting normal business but cost us money, therefore:
      1. YOU AGREE that if –
        1. you choose to do business with Peptide Clinics and file a dispute/claim or chargeback with your credit card company for a situation that contradicts these terms and conditions (which you agree to when placing your order); OR
        2. have not allotted us sufficient time to acknowledge, confirm, and research the situation relating to such dispute/claim or chargeback;and you are not successful with the chargeback argument or dispute/claim, you agree to pay us liquidated damages in the amount of R[2,500], being a genuine pre-estimate of the actual damages for our time responding to the matter, which amount you authorize us to charge to your credit card. If this charge is rejected for any reason, Peptide Clinics reserves its rights to –
        3. pursue legal action to recoup such amount of liquidated damages; or
        4. to recover its actual damages or losses suffered or incurred as a result of or in connection with the chargeback argument or dispute/claim in lieu of such liquidated damages,and in either case Peptide Clinics shall be entitled, in addition to the 21.3.1.3 or 21.3.1.4, to claim from you the costs incurred by Peptide Clinics in recovering the amount referred to in 21.3.1.3 or 21.3.1.4 (as the case may be), including legal fees on an attorney and own client scale.
    4. In the event that you are successful with the chargeback with your credit card company, and have not returned our products in accordance with our Returns Policy, Peptide Clinics Pty Ltd may attempt to recover its losses relating to the chargeback plus additional costs via a third-party collection agency and your account maybe reported to credit bureaus as a delinquent collection account.. We will not accept a return of any products other than in accordance with the terms of our Returns policy.
  9. RIGHT TO REFUSE AN ORDER/CUSTOMER
    Peptide Clinics and its management reserves the right to cancel an order, and/or issue a refund, and/or pursue legal action against any customer who is deemed to be a Hostile Customers. A “Hostile Customer” is a customer who initiates chargebacks or disputes/claims without valid cause (particularly after the receipt by that customer of order), threatens/harasses staff members in person, over the phone, internet, or email, or those who attempts to defame Peptide Clinics or any of its affiliates or the products offered on the website.
  10. LEGAL
    All provisions of these terms and conditions are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of these terms and conditions which is or becomes unenforceable, whether due to voidness, invalidity, illegality, unlawfulness or for any other reason whatever, shall, only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of these terms and conditions shall remain of full force and effect. You declare and agree with us that the intention is that these terms and conditions would be executed without such unenforceable provisions if such unenforceability was known at the time you agreed to these terms and conditions.

PART C – DELIVERY POLICY

  1. TITLE TO GOODS
    Peptide Clinics retains the legal ownership of the goods until the latter of the dispatch of the goods to you or when full payment for the goods is received by us. The legal ownership of the goods will immediately revert to Peptide Clinics if it refunds any such payment to you.
  2. DELIVERY TIMEFRAME
    Peptide Clinics or one or more third parties instructed by it will deliver the goods in accordance with the delivery option selected by you during the order process. Any delivery times quoted to you are indicative only. Orders may be delivered in one or more parts. To the extent permitted in terms of Applicable Law, Peptide Clinics does not accept any liability whatsoever for delayed delivery caused by any third party.
  3. RISK OF LOSS
    Risk in the goods will pass to you upon delivery to you.
  4. RECEIPT OF GOODS
    Upon delivery of the goods, you must inspect the goods. If you have not received the entire order as detailed in the order confirmation email sent to you when an order is received, please contact Customer Services (open 9 am – 5 pm, Monday to Friday, excluding public holidays). Please see our Contact Page in this regard.
  5. RETURNS POLICY
    The Returns Policy forms part of these terms and conditions and by agreeing to these terms and conditions you also agree to the terms of the Returns Policy.
  6. PRIVACY POLICY
    The Privacy Policy forms part of these terms and conditions and by agreeing to the Legal Terms of Use, you also agree to the terms of the Privacy Policy.