TERMS OF SERVICE

KOSMÉTIQUE

Effective date: 17 October 2026

1. General Provisions

These Terms of Service (“Terms”) govern access to and use of the KOSMÉTIQUE website, online store, and associated services.

References to “KOSMÉTIQUE,” “we,” “us,” or “our” mean the business identified in the Business Information section below. References to “you” or “your” mean any person accessing our website, purchasing our products, or using our services.

By accessing our website or placing an order, you agree to these Terms, together with the policies applicable to your transaction. These Terms should be read alongside our Privacy Policy, Shipping & Delivery Policy, and Return & Refund Policy.

Where any provision conflicts with mandatory applicable law, the law will prevail to the extent of that conflict.

2. Business Information

KOSMÉTIQUE operates an online retail platform offering a considered selection of beauty, cosmetics, personal care, fragrance, and lifestyle products.

The following information identifies the business responsible for operating this store:

- Trading name: KOSMÉTIQUE

- Legal business name: KOSMETIQUE 

- Telephone number: 0783029132

- Website: www.kosmetique.art

- Email: info@kosmetique.art

- Country of operation: Republic of South Africa

Where applicable, additional information concerning the business's legal status and registration will be provided as required by law.

3. Eligibility and Responsible Use

By using our website, you confirm that you are legally capable of entering into a binding agreement or have the necessary authorisation where required by law.

You agree not to use our website for unlawful activities, fraudulent purchases, unauthorised payment transactions, interference with website security, or conduct that compromises the integrity of our services.

You may not attempt to gain unauthorised access to our systems, introduce malicious software, misuse website content, or interfere with another person's use of our platform.

We may take reasonable and proportionate measures to protect our business, customers, and website against suspected fraud, abuse, or security threats, subject to applicable law.

4. Products and Product Information

KOSMÉTIQUE endeavours to present products through accurate descriptions, relevant specifications, pricing information, and representative imagery.

Customers are encouraged to review the details of each product before purchasing, including its size, ingredients where supplied, intended use, compatibility, and any relevant precautions.

Certain differences in colour, packaging, presentation, or appearance may occur because of screen settings, lighting, manufacturer updates, or packaging revisions. Such differences will not excuse a material discrepancy between a product and its description.

Product availability, packaging, and manufacturer specifications may change over time. Where a material change affects an order, we will address the matter appropriately.

Product descriptions are not intended to replace professional medical advice. Customers should consult a suitably qualified healthcare professional where necessary, particularly when considering products that may interact with an existing condition, allergy, medication, or other personal requirement.

Nothing in this section limits any rights relating to product quality, safety, suitability, or accurate representation that are protected by applicable law.

5. Pricing, Taxes and Availability

All prices will be displayed in South African rand (ZAR), unless expressly stated otherwise.

The price and applicable charges presented at checkout will form part of the transaction, subject to lawful correction of genuine errors and any applicable statutory requirements.

Where applicable, the amount payable will include or clearly disclose taxes, delivery charges, and other mandatory fees before the customer completes the purchase.

We endeavour to maintain accurate pricing and stock information. However, errors, technical interruptions, or unexpected stock shortages may occasionally occur.

If a material pricing error or stock issue affects an order, we will contact the customer and explain the available options. Where an order cannot lawfully or practically be fulfilled, we will arrange an appropriate resolution, including a refund where due.

We will not rely on a general reservation of rights to disregard an order that has already become binding under applicable law.

6. Orders and Order Acceptance

When you place an order, you submit a request to purchase the selected products under the terms displayed during checkout.

An automated acknowledgement may confirm that your order has been received without necessarily confirming final acceptance. The status of your order will be communicated through our ordering process.

Before submitting an order, customers should review their selected products, quantities, delivery details, and payment information and correct any errors where the checkout process permits.

We may decline, suspend, or cancel an order where a legitimate reason exists, including suspected fraud, a material listing error, an inability to fulfil the order, or a payment failure. Any such action will be handled in accordance with applicable law and the status of the transaction.

Where payment has been received for an order that cannot be fulfilled, any refund due will be arranged promptly in accordance with applicable requirements.

Customers are responsible for supplying accurate information and notifying us of material errors in their order details as soon as reasonably possible.

7. Payment Terms

KOSMÉTIQUE accepts the payment methods made available at checkout, which may include PayPal, Visa, and Mastercard.

Orders may be processed once the required payment has been successfully authorised or received, in accordance with the applicable payment process.

Customers must be authorised to use the payment method submitted. Suspected unauthorised transactions may be investigated through the relevant payment provider or appropriate legal channels.

Payment processing may be handled by independent third-party providers. Their processing terms and privacy notices may apply to their services.

Customers should not send complete payment card details or sensitive authentication credentials to our customer service email.

8. Shipping, Delivery and Collection

KOSMÉTIQUE serves customers across South Africa through the delivery methods made available at checkout, including PAXI and PUDO where offered.

Delivery estimates are provided as reasonable guidance and are not guaranteed unless expressly stated. Actual delivery times may be affected by courier operations, collection-point availability, public holidays, weather, incorrect address information, or other relevant circumstances.

Customers must provide accurate delivery details and comply with the collection requirements and deadlines of the selected delivery provider.

The applicable shipping charges, dispatch information, collection arrangements, and promotional conditions will be communicated through our checkout process or Shipping & Delivery Policy.

Where free shipping is offered on qualifying orders exceeding R1,000, the conditions displayed with the promotion at the time of purchase will apply.

We will take reasonable steps to assist with delivery enquiries and investigate reports of missing, damaged, or incorrectly delivered orders. Responsibility for loss or damage will be determined in accordance with the applicable transaction terms and law; it is not automatically transferred to the customer merely because a parcel has been handed to a courier.

9. Returns, Exchanges, Cancellations and Refunds

Our Return & Refund Policy sets out the procedures for requesting returns, exchanges, cancellations, and refunds.

KOSMÉTIQUE does not offer discretionary returns solely because a customer has changed their mind, selected an unsuitable product, or no longer wishes to keep a purchase, except where our published policy or applicable law provides otherwise.

This position does not remove any statutory right that may apply to an online purchase, including applicable cooling-off rights, rights concerning defective or unsafe goods, remedies for goods that do not conform to the transaction, or rights arising from incorrect supply or material misrepresentation.

Where a product is subject to a lawful hygiene or sealed-goods exception, the relevant exception will be applied according to its actual legal requirements rather than as a blanket exclusion for all beauty products.

Customers should contact info@kosmetique.art with their order number and a description of the issue so that the appropriate procedure can be followed.

Nothing in these Terms or our Return & Refund Policy is intended to exclude a consumer remedy that cannot lawfully be excluded.

10. Promotions, Discounts and Gift Offers

Promotional prices, discount codes, complimentary gifts, and shipping offers may be subject to eligibility requirements, minimum purchase values, expiry dates, stock limitations, or other conditions disclosed with the offer.

Unless expressly permitted by the relevant promotion, multiple discounts may not be combined.

We may correct errors or withdraw a promotion where permitted by law. However, we will not use this provision to unlawfully alter an existing binding transaction or deprive a customer of a benefit already secured under the applicable offer.

The terms accompanying a specific promotion will take precedence over general promotional provisions where they expressly address the same matter and are legally valid.

11. Intellectual Property and Brand Materials

The KOSMÉTIQUE name, original brand identity, website copy, original graphics, visual compositions, and other original materials created for the business are protected by applicable intellectual property laws.

Except where permitted by law or authorised in writing by the relevant rights holder, these materials may not be copied, reproduced, adapted, distributed, published, or commercially exploited without permission.

Third-party trademarks, product names, photographs, and other materials remain the property of their respective owners. Their appearance on our website does not, by itself, establish that KOSMÉTIQUE owns those rights or that the relevant rights holder endorses our business.

Customers may access and use our website for lawful personal shopping purposes. No ownership of our intellectual property is transferred through such use.

12. Third-Party Services

Our website may rely on or link to independent service providers, including payment processors, delivery networks, collection-point operators, website technology providers, and external websites.

These providers may operate under their own terms and privacy policies. Customers should review those terms where relevant.

We will take reasonable care when selecting and using third-party services. However, we cannot guarantee the uninterrupted operation of services controlled independently by other providers.

This provision does not exempt KOSMÉTIQUE from any legal responsibility arising from our own conduct, contractual obligations, or applicable consumer protections.

13. Privacy and Personal Information

KOSMÉTIQUE processes personal information as necessary for purposes such as order administration, payment coordination, delivery, customer support, fraud prevention, website operation, and compliance with legal obligations.

Our Privacy Policy explains how personal information is collected, used, retained, disclosed, and protected. Our handling of personal information is subject to applicable South African data protection law, including the Protection of Personal Information Act 4 of 2013 (POPIA), where applicable.

Personal information may be shared with service providers where reasonably necessary for authorised business purposes, such as processing payments or delivering orders, subject to applicable legal requirements.

Where consent is required by law, it will be obtained appropriately. Acceptance of these Terms does not constitute blanket consent to unrelated marketing or any processing that requires separate consent.

Customers may exercise applicable rights concerning their personal information through the contact channels described in our Privacy Policy.

14. Website Availability and Security

We endeavour to maintain a reliable and secure online shopping experience. Nevertheless, access to our website may occasionally be interrupted by maintenance, technical faults, updates, connectivity problems, or events beyond our reasonable control.

We do not guarantee that the website will always be uninterrupted, error-free, or compatible with every device or software configuration.

Customers should use appropriate security practices when accessing online services, including safeguarding account credentials and avoiding the disclosure of sensitive information through unsecured channels.

Nothing in this section removes obligations that applicable law places on KOSMÉTIQUE regarding security, service delivery, or consumer protection.

15. Limitation of Liability

To the extent permitted by applicable law, KOSMÉTIQUE will not be liable for losses that are too remote or indirect to be reasonably attributable to a breach of these Terms.

Any limitation of liability will be interpreted narrowly and will apply only where legally permissible.

Nothing in these Terms excludes or limits liability for fraud, or any other liability, loss, remedy, or statutory obligation that cannot lawfully be excluded or limited. Nor do these Terms waive consumer rights protected under applicable South African legislation.

Where a dispute arises, the parties' respective rights and remedies will be determined in accordance with the applicable transaction terms and law.

16. Changes to These Terms

We may update these Terms to reflect changes in our business operations, product offering, website functionality, service providers, or legal obligations.

The current version will be published on our website with an appropriate update date.

Revisions will apply prospectively to the extent permitted by law. Any changes affecting an existing order or agreement will be subject to the applicable contractual and statutory requirements.

Customers are encouraged to review this page periodically to remain informed of the terms governing their use of our website.

17. Complaints and Dispute Resolution

Customers are encouraged to contact KOSMÉTIQUE directly where a concern arises regarding an order, product, payment, delivery, or service.

We will endeavour to review complaints fairly and communicate the available resolution.

Where a dispute cannot be resolved directly, either party may pursue the remedies or dispute-resolution procedures available under applicable law, including referral to a competent consumer-protection body or court where appropriate.

Nothing in this section requires a customer to waive a statutory right or prevents access to a competent authority or court.

18. Governing Law and Jurisdiction

These Terms are governed by the laws of the Republic of South Africa.

Any dispute arising from the use of our website or a transaction with KOSMÉTIQUE will be dealt with by a competent South African forum in accordance with applicable law.

This provision does not restrict any mandatory consumer protection, jurisdictional right, or other legal remedy available to a customer.

19. General Legal Provisions

If a provision of these Terms is found to be unlawful, invalid, or unenforceable, it will be treated as severable to the extent permitted by law. The remaining provisions will continue to apply where they can operate independently.

A failure or delay by KOSMÉTIQUE to exercise a right does not automatically constitute a waiver of that right.

These Terms, together with the policies and transaction-specific terms incorporated into them, govern the matters they address. In the event of an inconsistency, mandatory law will prevail, followed by any valid transaction-specific term applicable to the issue.

No amendment, waiver, or exclusion will be effective where it would unlawfully remove a right or obligation that cannot be varied by agreement.

20. Contact

For enquiries concerning these Terms, purchases, or our online store, please contact:

KOSMÉTIQUE

Email: info@kosmetique.art

 

We value clear communication, responsible service, and a considered customer experience. All enquiries will be handled with professionalism and care, subject to the nature of the request and applicable requirements.