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Terms and Conditions

The T&C’s are effective since 01.05.2019 and have not been modified since.

The terms and conditions are between you (“you”, “the buyer” or “website user”) and Melanin Skin Food Pty. (ltd.) (“the company”, “us”) for the use of the www.melanin-skinfood.com website ( “the/ our website”):
You must be 18 years or the age of majority in your jurisdiction in order to make a purchase on our site. If you are under 18 years, or the age of majority in your jurisdiction, then you may not make a purchase on our site. Please ask a parent or a legal guardian of 18 years or older to place the purchase for you.

When accessing or using our website, especially when placing your order with Melanin Skin Food, you are acknowledging that you have read, understood, and agree to our terms and conditions, which are outlined in the following. If you do not agree with our terms and conditions, you may not use our site.
Our website and store is hosted on Shopify Inc.

1. Privacy
Please klick here to review our privacy policy so that you may learn about our privacy practices.


2. Products and orders
All products available on this website, including any samples thereof are for your personal use only. (Should you be an official reseller or brand ambassador, kindly refer to the terms and conditions as stated in your account, if you wish to become a reseller, please send an e-mail to partners@melanin-skinfood.com). You are strictly prohibited to re-sell our products or its samples, which are bought from this website or our official partners. If we believe, your order violates this point of our terms and conditions, we reserve the right to cancel or reduce the quantity of your order.

We are constantly making efforts to display our products on the website as accurately as possible. We cannot guarantee that your internet device’s display of colours and other features will be accurate.

All product descriptions are subject to change at anytime and without prior notice, at the sole discretion of us. WE DO NOT WARRANT THAT THE QUALITY OF OUR PRODUCTS AND SERVICES OR INFORMATION WILL MEET YOUR EXPECTATION AND FULFILL YOUR DESIRED OUTCOME. WHILE WE ARE GIVING OUR BEST TO KEEP THE PROMISES MADE ON THE PRODUCT DESCRIPTION, ALL BODIES REACT DIFFERENT TO CERTAIN INGREDIENTS. SHOULD OUR PRODUCT NOT MEET YOUR DESIRED OUTCOME WE ARE TRULY SORRY, HOWEVER NOT LIABLE FOR IT.

Order processing
While we are trying our best to have your order shipped within 1 business day, due to spikes in orders, it may take 2 business days (not including weekends or holidays) for your order to be shipped out. This means it may take Melanin Skin Food Inc. 2 business days to process and box up your order before your selected shipping service picks up the order.

Order policy
Items in cart are not reserved.
Express services are available (additional charges may apply).
Damaged goods, shortages, and discrepancies must be reported within 14 days of receipt of your order.
Melanin Skin Food is not responsible for lost or stolen orders.
Any charges for returned orders due to customer error (incorrect address, refused/undeliverable orders, etc.) will be the responsibility of the customer.
Due to the nature of the cosmetic products, returns are not accepted. However, if the product arrives in a damaged or unsatisfactory state, klick here to read our refund policy.

Domestic orders terms and conditions
Charges for reshipping returned orders (incorrect address provided, refused/undeliverable orders, etc.) are the responsibility of the customer.
Domestic orders can take 2 business days to process and make take up to 7 business days to reach you depending on location.
Not all shipping providers will ship to PO boxes, kindly select the applicable provider upon checkout. If you selected the wrong provider and have a PO Box shipping address, Melanin Skin Food reserves the right to switch your shipping method to avoid delays in processing your order.


International orders terms and conditions
For all international orders: The billing and shipping address must match. Melanin Skin Food is unable to ship international orders that have mismatched addresses and any order received with mismatched address may be cancelled. A courtesy notification will be provided.

All discrepancies must be reported within 30 days of receipt of your order.
Charges for returned orders (incorrect address provided, refused/undeliverable orders, etc.) are the responsibility of the customer.
International orders take 2 business days to process and may take up to 4 weeks to reach you depending on location and customs clearance.

Depending on your country of residence, taxes may apply. Melanin Skin Food is not able to add these fees to your order prior to checkout. Because these laws and fees can vary over time and from country to country, Melanin Skin Food highly encourages customers to call the applicable Customs offices before placing an order. Melanin Skin Food will not reimburse the Customer for any amount of the price of items purchased, the cost of shipping, taxes, customs or any other fee on orders undelivered due to recipient's refusal. We will declare all orders as merchandise with the exact description of the contents and correct value. We cannot declare your order as a gift or with a lower value since this is against existing laws.
Also be advised that your banking institution may charge additional conversion fees or other application fees for international purchases. The final amount charged your account may vary from your "check out" total. Please contact your financial institution for questions related to discrepancies on charges related to conversion fees.


3. Pricing
Prices for our products are subject to change without notice. We reserve the right to modify or discontinue any of our products or services at any given time and without notice. We shall not be liable to you or any third-party for made modifications, prices changes, suspensions or discontinuance of our products and services.

In the event of an incorrect listed price, due to a typographical error, or error in pricing information, Melanin Skin Food shall have the right to refuse or cancel any orders placed for the product listed at the incorrect price. The Company shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, the Company shall make reasonable attempts to notify you and shall issue a credit to your credit card account in the amount of the incorrect price.



4. Your obligations and responsibilities
By accessing or using the Site or any Content, you agree that you will comply with these Terms and Conditions and any warnings or instructions on the Site. You agree that when accessing or using the Site or any Content, you will act in accordance with the law, custom and in good faith. You may not make any change or alteration to the Site or any Content or services that may appear on this Site and may not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or wilfully in any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause to us, our parents, subsidiaries, affiliates, partners or licensors.
Your responsibility for others who access our website with using your internet connection or device You must ensure that any persons who access our website on your computer(s) or device(s), or who are permitted or able to access our website on your computer(s) or device(s), or who use your internet connection, are aware of these Terms of Use and all other documentation referred to in them, and that such persons also agree to be bound by and to comply with these Terms of Use. If for any reason whatsoever, such persons do not agree to these Terms of Use or do not wish to be bound by them, they must not access or use our website, and you must not permit them to do so.

5. Your account
You either can check out as guest or register an account when purchasing from our website. Therefore, you need to register with your e-mail and custom password. You must keep such information confidential and secret and must not disclose it to any other person. You are responsible for any consequences or unauthorized access to your account. All account information is provided for the use of the named account holder only and not for a third person. When creating your account you must provide complete and accurate information.
• Setting up your password: we recommend that you create a unique password for melanin-skinfood.com, which you are not using for another website or that contains characters which one can easily guess about you.
• You are strictly prohibited to use another user’s account without his/her permission or collect login credentials of others. By using our website you agree that you will not create an account for anyone other than yourself.
• We reserve the right to cancel access to your account without further notice, if we suspect or can proof the breach of the Terms and Conditions or any of our other legal documents.
• If you are aware of, or suspect that the confidentiality of your login information has been jeopardized, you must immediately change your password. If you experience difficulties, please notify us by email to customerservice@melanin-skinfood.com

If you are accessing and using our website on someone else’s behalf, you represent that you have the authority to bind that person as the principal to all terms and conditions provided herein, and to the extend you do not have such authority you agree to be bound to these Terms and Conditions and to accept liability for harm caused by any wrongful use of this website or content resulting from such access or use. You may cancel your online account with us at any time. To the extent permitted by applicable law, we reserve the right to refuse service and/or terminate accounts without prior notice if these Terms and Conditions are violated or if we decide, in our sole discretion, that it would be in our best interest to do so.





6. Website content
Availability of our website
Despite our efforts of a constantly available website, we do not provide a warranty, that:
• you can access melanin-skinfood.com uninterruptedly or continuously.
• our website will be available at any specific time or at any specific geographical location.
• the website is optimised for all viewing devices or browsers

Melanin Skin Food reserves the right to suspend access to parts or the whole website for any reasonings, included but not limited to : website maintenance and updates, periodic maintenance or trouble shooting to resolve upcoming issues.

Our website is mainly for users in Africa, the United Kingdom and the United States. It is possible to visit the website from other countries, however we cannot give a warranty that our website is compliant with any legal requirements or provides appropriate content in force in any jurisdiction other than the above mentioned countries/ states.

Ownership of our content
All content on the website, other than your account details (as defined in point 5), including but not limited to trademarks, trade names, logos, design, graphics, pictures, videos or any other intellectual property are either owned by us or licensed to us. All those rights are protected by the intellectual property laws around the world, all rights reserved. Any use of the website contents, unless specifically authorised in writing, is strictly prohibited.
The trademarks, trade names, logo or other branding owned by third parties and used or displayed on our website (“Third Party Mark(s)”) may be trademarks of their respective owners, who may or may not endorse to be affiliated with us.


Viruses and other harmful contents
We are constantly ensuring to prevent our website from viruses, hackers or bugs and rely on one of the most secure software in the market. However, we do not guarantee that our website does not contain viruses or malicious software. As a result, we are not responsible for any bugs or viruses from our website, or any software that could be transferred to your internet device, including its consequences. To maximize your security, ensure to have an up-to-date anti-virus software. It is strictly prohibits to upload or otherwise expose our website to any viruses, malware, spyware, trojan horses, worms, logic bombs, time bombs, keystroke loggers or any other programs or code that is harmful or malicious. Further, you must not use any third-party software or technology to try to gain unauthorized access to our website, serves, hard- or software data. All breaches will be reported to the police or relevant authorities, followed by criminal proceedings.

Accuracy of information
We attempt to be as accurate as possible when describing our products on the site; however we are not responsible, if any information or claim made on this website is not accurate, complete or up-to-date. The content of this website is provided for general information only and should not be relied upon or used as the sole basis for your decision making, without consulting more sources of information. Any reliance on the material on this site is at your own risk.

Occasionally, there may be content on our site that contains typographical error or minor errors of other nature. We reserve the right to correct any errors or inaccuracies.

Links to third party websites
Links to third party websites, which are not owned by Melanin Skin Food can appear on the website occasionally. Although on the time of linking to another website, we ensured that the third-party content is appropriate and relevant to our website, we are not responsible if the content that is provided by a third party website changes and no longer represents the initial content. Third party websites are out of our control and we don’t warrant that their content is appropriate for its users, lawful or accurate. We are not liable for any damages or harm you experience from using or purchasing from third-party websites.
All third party websites, which are accessible through a link on our website, might collect and process your personal information. We are not responsible for any data-processing of a third party website. Complaints, concerns, or questions regarding third-party products and services should be made to that third-party.


Permitted use of our website and links to our website
You may not link to our website without our written consent. To gain such consent, kindly send an email to partners@melanin-skinfood.com and in the subject line “permission to link to website” and in the body please state the reason, why you want to link to our website.
You may link to our website without prior written consent in the following circumstances:
• You are an official brand ambassador for Melanin Skin Food
• You own or manage a website, blog/ YouTube account or any other form of Social Media that reviews our products and want to link to our website/ online shop. It needs to be provided that those websites comply with our Terms and Conditions.
When posting a link to our website, you agree that you will do so in an appropriate manner and not in any way which is defamatory or despairing towards Melanin Skin Food, or misrepresents us or our business, or which causes any sorts of harm to us and our company.
It’ s prohibited to link to our website in order to point out some sort of joint venture, partnership, collaboration, affiliation, business relationship, approval or endorsement, where no such connection exists.
Finally, we reserve the right to withdraw the permission to link to our website at any time and without prior notice. In that case, upon us informing you to remove any unauthorized links, you are obliged to immediately remove any links to our website.

Prohibited use of our website
Unless given written permission, you are not allowed to copy, re-produce or resell any content of our website. It is strictly prohibited to access, change or damage our website, including but not limited to its servers, systems, hardware or third-party software. Only use our website in goodwill and for lawful purposes only.
You are strictly prohibited to use our website:
• for unlawful purposes which is against local, national or international laws.
• for any criminal and dishonourable purposes
• to upload any viruses and other harmful codes or software as outlined in Viruses and other harmful contents.
• to feature any unauthorized advertising, spam or communication
• to communicate with children or conduct any other harmful activities from our website
• you are not allowed to submit sensitive personal information of yourself or others. Such information contains but is not limited to: racial or ethnic origin, religious or political opinions, genetic-, health-, or sexual- related data. Should you intentionally or unintentionally submit such sensitive personal information to us, we will consider this as consent to our data processing on the basis of Article 9(2)(a) of the General Data Protection Regulation (Regulation (EU) 2016/769).


Changes to the terms and conditions or other documents
You can review the most current version of the Terms and conditions at any time at this page.

Melanin Skin Food reserves the right, at our sole discretion and without prior notice, to update, change, delete or replace any part of these Terms and Conditions or any other legal documents by posting updates and changes to our website. When we post amended terms, the company will include the last date of amendment in the first line of this page. It is your responsibility to check our website regularly for changes. Your continued use and/ or orders at our website constitutes acceptance of those changes.

7. User content

User comments, feedback, reviews and other submissions
Our website may allow you to post certain comments, reviews or materials on it. Furthermore, we may use the service provided by third party social networks (e.g. Instagram) to re-post your posts on our website where you tagged us or used our specific hashtags.
If you are freely sending us specific submissions without our request, including but not limited to: creative ideas, proposals, suggestions or other material either online, by email, by post or otherwise (e.g. comments), you agree that we may at any time and without restriction use, edit, copy, publish, distribute, translate or otherwise utilize any of above mentioned materials that you have submitted to us. We are and shall be under no obligation to maintain any comments in confidence, to pay compensation for any comments, or to respond to any comments.

We may but have no obligation to monitor, edit or remove and content that we determine at our sole discretion as unlawful, defamatory or inappropriate.

By posting your any of your creative materials, including pictures, videos, stories or other media on Social Media, including but not limited to the platform Instagram and tag us, or use a specific hashtag related to Melanin Skin Food, you agree and give Melanin Skin Food the right to use that specific media for re-posts on the Melanin_Skinfood profile, website or other internet platforms related to us.

You agree that your comments, reviews or postings will not violate any rights of us or any third-party, including but not limited to copyright, privacy, personality or proprietary right. You further consent that your comment will not contain offensive or otherwise unlawful, abusive or bullying material, or contain an computer viruses or other malware that could in any way affect the website. You are not allowed to use a wrong email address or to pretend to be someone else other than yourself in order to mislead us or any other third-party. You are solely responsible for any comments you make and we do not take responsibility nor liability for any comments posted by you or a third party.

Deletion of user content
If you wish to delete parts or all of your public User Content, such as your ratings and reviews posting(s), on the Site or in connection with our mobile applications, kindly first try to remove the content yourself (e.g. by deleting a picture from Instagram you have tagged us in). Should that not bring the desired outcome, please contact us by email to customerservice@melanin-skinfood.com and include the following information in your deletion request: first name, last name, user name, email address associated with our website and/or mobile applications, your reason for deleting the posting, and date(s) of posting(s) you wish to delete (if you have it). We may not be able to process your deletion request if you are unable to provide such information to us. Please allow up to 30 business days to process your deletion request.


8. Exclusions and limitations of liability
BY USING OUR SITE YOU AGREE THAT DOING SO IS ON YOUR OWN RISK. All information appearing on this website is provided as “as is, as available”. As stated under Viruses and other harmful content, we do not warrant that this website is free from viruses or other harmful content.

WE DO NOT GURANTEE OR WARRANT THAT YOUR USE OF OUR PRODUCTS AND SERVICES WILL BE UNINTERRUPTED, SECURE AND ERROR- FREE.
Melanin Skin Food does not exclude its liability to its customers where some jurisdictions do not allow the limitation or exclusion of particular warranties. Hence some of the following exclusions might not be applicable to you.
If you purchase any of our products from our website, different exclusions of liability may apply to you only to the maximum extent permitted by applicable law.

Neither Melanin Skin Food, nor its parents, subsidiaries, employees, affiliates, partners, directors, members or otherwise connected to us make any representations or warranties of any kind whatsoever and be liable to you for any loss, damage (including but not limited to direct/ indirect, actual, incidental damage), costs, liabilities or penalties which arise from or are related to:

• You using our website
• Your failure of using and accessing our website, including but not limited to interruptions, suspension or withdrawal of your account (for any reason whatsoever)
• Loss of data
• Any loss of sales, savings or revenue
• Loss of goodwill and reputation
• All uses you make of our website and its content, including the reliance and assumptions you make

IN NO EVENT SHALL THE COMPANY’S OR ITS PARTNER’S LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT THAT IS SUBJECT TO THE CLAIM.

WE ARE NOT LIABLE FOR ANY DAMAGE YOU ENCOUNTER, THAT YOU COULD HAVE AVOIDED BY FOLLOWING OUR ADVICE.

WE DO NOT WARRANT THAT THE RESULTS OF OUR PRODUCTS AND SERVICES WILL BE ACCURATE AND RELIABLE. AND THAT THE CALAIMS MADE ON THE PRODUCTS WILL LIVE UP TO YOUR EXPECTATONS, AS EVERYBODY REACTS DIFFERENT TO DIFFERENT TYPES OF COSMETICS. While the cosmetic might be effective for some, it will not be effective or to the satisfaction of others. That’s the nature of cosmetics and we shall not take responsibility if the cosmetics are not effective or bring the desired results for your skin type. Should that be the case, kindly send us an email to customerservice@melanin-skinfood.com with suggestions or your disliking of a certain product and we will do our best to improve our products.

You agree that no claims or action arising out of, or related to, the use of the site or these terms and conditions may be brought by you more than one (1) year after the cause of action relating to such claim or action arose. If you have a dispute with us or are dissatisfied with the site, termination of your use of the site is your sole remedy and we have no other obligation, liability, or responsibility to you.



9. Indemnification
You agree to indemnify and hold Melanin Skin Food, its subsidiaries and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising from your breach of this Agreement and/or any activity under your account.


10. Copyright infringement notes
We respect the intellectual property of others. If you believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please send an e-mail or written notice and provide the following: identification of the copyrighted work(s) that you claim has been infringed and confirmation that you are the copyright owner or authorized to act on the copyright owner's behalf, a description of the material that you claim is infringing and the location of that material on the Site; your address, telephone number and email address.
Ann-Kathrin Joos
Melanin Skin Food, 1st floor Future Space Offices
61 Katherine Street
Sandton,
2196 Johannesburg, South Africa,
Tel. +27 (0) 632201820
joos@melanin-skinfood.com

Note: the above contact information is provided exclusively for notifying us that copyrighted material may have been infringed. All other inquiries will not receive a response through this process and should be directed to our customer service group by email to customerservice@melanin-skinfood.com

11. Miscellaneous
You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications. Any disputes arising from the interpretation, validity and/or execution of these Terms and Conditions shall be subject to the jurisdiction of the competent court of the place of residence or domicile of the customer.


For any questions or comments, or if you want to report violations of this agreement, contact the company at customerservice@melanin-skinfood.com with “Terms and Conditions” in the subject line.

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