Terms and Conditions

1. Introduction and Acceptance of Terms

These Terms and Conditions ("Terms") govern your access to and use of the website located at www.eucalyptusholdings.co.za (the "Website") and any purchases made through it. The Website is operated by Eucalyptus Holdings (Pty) Ltd, a private company incorporated in South Africa (Registration Number: 2022/754990/07, VAT Registration Number: 4320308663), with its registered office at 1st Floor Map Centre, 77 Sydney Road, Durban, KwaZulu-Natal, 4001 ("Eucalyptus Holdings", "we", "us", or "our").

By accessing or using the Website, placing an order, or creating an account, you ("User", "you", or "your") confirm that you have read, understood, and agreed to be bound by these Terms in their entirety. If you do not agree, you must discontinue use of the Website immediately.

These Terms are subject to the Consumer Protection Act 68 of 2008 ("CPA"), the Electronic Communications and Transactions Act 25 of 2002 ("ECTA"), and the Protection of Personal Information Act 4 of 2013 ("POPIA"), all as amended from time to time.

2. Definitions

In these Terms, unless the context indicates otherwise:

• "Business Day" means any day other than a Saturday, Sunday, or South African public holiday.
• "Consumer" has the meaning ascribed to it in the CPA.
• "Goods" means all hair and beauty accessories, products, and related items listed for sale on the Website.
• "Order" means a request to purchase Goods submitted through the Website.
• "Personal Information" has the meaning ascribed to it in POPIA.
• "Price" means the purchase price of Goods as displayed on the Website, inclusive of VAT at the applicable rate.

3. Use of the Website

3.1 Eligibility

You must be at least 18 years of age, or the age of majority in your jurisdiction, to use the Website or make a purchase. By using the Website you represent and warrant that you meet this requirement. Persons under 18 may only use the Website under the supervision of a parent or legal guardian.

3.2 Permitted Use

The Website is made available for lawful personal and commercial use only. You agree not to:

• Use the Website in any manner that could damage, disable, overburden, or impair its functionality or security.
• Attempt to gain unauthorised access to any part of the Website, server, network, or database connected to it.
• Introduce malware, viruses, or any other harmful code.
• Reproduce, duplicate, copy, sell, or exploit any portion of the Website for commercial purposes without our prior written consent.
• Misrepresent your identity or affiliation with any person or entity.

3.3 Availability

We endeavour to keep the Website accessible at all times but do not guarantee uninterrupted availability. The Website may be temporarily unavailable due to maintenance, technical issues, or circumstances beyond our reasonable control. We shall not be liable for any loss arising from such unavailability.

4. Intellectual Property

All content on the Website, including but not limited to text, graphics, logos, photographs, product images, brand names (including Origa Beauty and Mhle), trade marks, and software, is the exclusive property of Eucalyptus Holdings (Pty) Ltd or its licensors and is protected by applicable South African and international intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable licence to access and use the Website solely for lawful personal or commercial browsing and purchasing purposes. No content may be downloaded, reproduced, modified, distributed, transmitted, displayed, published, or sold without our prior written consent.

Any unauthorised use of our intellectual property constitutes an infringement and we reserve the right to pursue all available legal remedies.

5. Products, Pricing, and VAT

All prices displayed on the Website are quoted in South African Rand (ZAR) and are inclusive of Value Added Tax (VAT) at the prevailing statutory rate, currently 15%. Eucalyptus Holdings is a registered VAT vendor (VAT Registration Number: 4320308663).

We reserve the right to amend prices at any time without prior notice. The price applicable to your Order is the price displayed at the time you confirm the Order. In the event of a pricing error, we will notify you before processing payment and you will have the option to proceed at the correct price or cancel the Order.

Product images are for illustrative purposes only. While we endeavour to ensure accuracy, minor variations in colour, packaging, or presentation may occur. Eucalyptus Holdings reserves the right to limit the quantity of any product purchased per Order or per customer.

6. Orders and Payment

6.1 Placing an Order

By submitting an Order, you make an offer to purchase the selected Goods at the stated price. All Orders are subject to availability and acceptance by Eucalyptus Holdings. An Order is only confirmed once you receive written confirmation from us via email. We reserve the right to decline or cancel any Order at our discretion, including in cases of suspected fraud, pricing errors, or stock unavailability.

6.2 Payment Method

Payment is processed securely via Ozow, our payment provider, which supports instant EFT and card payments. Our direct banking details are as follows:

Your order reference number must be used as the payment reference. Failure to quote the correct reference may result in delays. Your Order will be dispatched within 1 to 2 Business Days of payment reflecting in our account.

6.3 Payment Confirmation

It is your responsibility to ensure that payment is made in the correct amount and with the correct reference. Eucalyptus Holdings shall not be liable for delays arising from incorrect or missing payment references.

7. Delivery

Eucalyptus Holdings dispatches Goods from its Cape Town warehouse and delivers to addresses throughout South Africa via Parcel Perfect courier services. We do not currently offer international delivery.

Delivery fees and estimated timeframes are calculated and displayed during checkout based on your delivery address. Quoted delivery timeframes are estimates only and do not constitute a guarantee. We will not be liable for delays caused by third-party courier services, adverse weather, industrial action, or events beyond our reasonable control.

Risk of loss and damage to Goods passes to you upon delivery to the address specified in your Order. Ownership of Goods transfers to you upon receipt of payment in full.

If Goods are undeliverable due to an incorrect address provided by you, or because delivery is refused, re-delivery charges may apply.

8. Returns, Exchanges, and Refunds

8.1 Defective Goods

If Goods are defective, unsafe, or do not conform to the description provided at the time of purchase, you are entitled to return them within six (6) months of the date of delivery. Upon return, at your election, we will repair, replace, or refund the Goods in accordance with Section 56 of the CPA. We will bear the cost of returning the Goods where the defect is confirmed.

8.2 Change of Mind Returns

If you wish to return Goods for reasons other than defect, you must notify us at info@eucalyptusholdings.co.za within 7 (seven) calendar days of delivery. Goods must be returned in their original, unused, unpackaged condition with all original tags and packaging intact. Return shipping costs in this instance are for your account. We reserve the right to decline a return where Goods have been used, damaged, or are not in resalable condition.

8.3 Direct Marketing Cooling-Off Period

If Goods were purchased as a result of direct marketing by Eucalyptus Holdings, you have the right to cancel the purchase and return the Goods within 5 (five) Business Days of delivery, without penalty and at our cost, in terms of Section 16 of the CPA.

8.4 Exclusions

Returns will not be accepted for:

• Goods that have been used, washed, or damaged after delivery through no fault of Eucalyptus Holdings.
• Goods returned without original packaging or accessories.
• Goods where the tamper-evident seal has been broken, unless the product is defective.

8.5 Returns Process

To initiate a return or exchange, email info@eucalyptusholdings.co.za with your order number, description of the issue, and supporting photographs where applicable. Our team will respond within 2 Business Days with return authorisation and instructions. Do not return Goods without prior authorisation.

9. Privacy and Protection of Personal Information

Eucalyptus Holdings is a responsible party as defined under POPIA and is committed to protecting your Personal Information. By using the Website and providing your information, you consent to its collection and processing as set out in these Terms.

9.1 Information We Collect

• Identity and contact information: name, email address, telephone number, and delivery address.
• Transaction data: purchase history, payment references, and order correspondence.
• Technical data: IP address, browser type, and browsing behaviour on the Website (collected via cookies and similar technologies).

9.2 Purpose of Processing

• Processing and fulfilling your Orders.
• Communicating with you regarding your Orders and enquiries.
• Sending promotional communications where you have opted in to receive them.
• Improving the Website and our product offering.
• Complying with legal and regulatory obligations.

9.3 Disclosure

We will not sell, rent, or share your Personal Information with third parties except: (a) as necessary to process and deliver your Order; (b) where required by law; or (c) with your explicit consent. All third-party service providers are required to handle your data in accordance with POPIA.

9.4 Data Subject Rights

In terms of POPIA, you have the right to access, correct, object to the processing of, and request deletion of your Personal Information, subject to certain limitations. To exercise these rights, contact us at info@eucalyptusholdings.co.za. We will respond within a reasonable timeframe and in accordance with POPIA.

9.5 Cookies

The Website uses cookies to enhance your browsing experience, analyse Website traffic, and remember your preferences. By continuing to use the Website, you consent to the use of cookies. You may disable cookies through your browser settings, but this may affect the functionality of certain Website features.

9.6 Security

We implement reasonable technical and organisational measures to protect your Personal Information against unauthorised access, disclosure, loss, or destruction. However, no transmission over the internet is entirely secure and we cannot guarantee absolute security.

10. Disclaimer and Limitation of Liability

The Website and its content are provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied, to the fullest extent permitted by applicable law.

To the maximum extent permitted by law and subject to the consumer rights provisions of the CPA, Eucalyptus Holdings shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of your use of the Website or purchase of Goods, including but not limited to loss of income, loss of data, or loss of business opportunity.

Our total aggregate liability to you in respect of any claim arising under or in connection with these Terms shall not exceed the amount paid by you for the Goods that are the subject of the claim.

11. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the Republic of South Africa. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the South African courts, and you irrevocably submit to such jurisdiction.

In the event of a dispute, the parties agree to first attempt resolution through good faith negotiation. If unresolved within 20 Business Days, either party may refer the matter to a South African court of competent jurisdiction.

12. Amendments to These Terms

Eucalyptus Holdings reserves the right to amend these Terms at any time. Any amendments will be published on the Website with an updated effective date. Your continued use of the Website following publication of amended Terms constitutes acceptance of the revised Terms. We encourage you to review these Terms periodically.

13. Entire Agreement and Severability

These Terms constitute the entire agreement between you and Eucalyptus Holdings with respect to your use of the Website and supersede all prior agreements, representations, and understandings of any kind.

If any provision of these Terms is found to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, that provision shall be severed and the remaining provisions shall continue in full force and effect.

14. Contact Information

For any queries relating to these Terms, including returns, privacy, or general enquiries, please contact us: