Terms and Conditions
Our website address is: https://heartheadgear.com.
All orders will be subject to these terms and conditions. Please read them carefully. If you visit or shop on this website you accept these conditions.
Privacy
Please review our Privacy Policy, which also governs your visit to HeartHeadGear.com, in order to understand our practices.Electronic Communications
When you visit HeartHeadGear.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications require.
Intellectual Property
By using this site, you acknowledge that all intellectual property rights in the goods supplied, including copyright and design rights belong to Heart Head Gear. All designs, text and images of HeartHeadGear.com and HeartHeadGear.com products provided on the website are protected by copyright and may be reproduced only on websites that provide links to this website and where the material is clearly credited to Heart Head Gear or otherwise only with written permission from us. You may not frame or utilize framing techniques to enclose any logo or other proprietary information (including images, text, page layout, or form) without our written consent. Copy, print or download the material on this site for the purpose of sending to individual parties for their personal information provided that you acknowledge us as the source of the material and that you inform the third party that these conditions apply to them and that they must comply with them. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of HeartHeadGear.com so long as the link does not portray Heart Head Gear, our website or our products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Heart Head Gear logo or other proprietary graphic as part of the link without express written permission.
Information on this website
We do all we can to ensure that the information on the website is accurate and up to date. Information such as product measurements and colours in particular may vary slightly. All information including prices may be subject to change without notice.
Pricing
Heart Head Gear is not a VAT registered company. Therefore, all prices on our website are stated exclusive of VAT and will be charged as they are published on this site at the time of placing an order. All prices exclude freight and any other charges that may apply unless otherwise stated. Our prices fluctuate constantly and Heart Head Gear reserves the right to change prices in accordance with price changes from our suppliers, market conditions, or any other external factor. Should there be a pricing error on the website, in any correspondence from Heart Head Gear or by any other communicative method, the right is reserved by us to cancel the order and offer the product(s) and/or service(s) at the correct price. All quoted or listed prices are based on the cost to Heart Head Gear of supplying the products to the customer. While Heart Head Gear tries to ensure that all prices are accurate, errors may occur. If, prior to delivery of the products Heart Head Gear discovers an error in the price of the products ordered, or the price changes as a result of circumstances beyond our control, Heart Head Gear may change the product’s price and such changes shall apply to any purchase order placed with Heart Head Gear. The client will always be informed of such a change and will be given the opportunity to opt out of the order.
Cancellation of order
Orders may be made through the website, by email, in writing, and are considered confirmed by means of Order Confirmation in writing only. Amendments to orders and cancellations of orders must be received by email, or another form of written correspondence, but may be accepted by another method, subject to the agreement of Heart Head Gear. Customers cancellation of orders must and can only be made within 12 hours of an order receipt and must be in writing via e-mail. There is no charge for cancellations for consumers in this case. Late cancellation may still be accepted, unless the product has been dispatched, but a late cancellation will incur a 15% admin charge.
Payment
By clicking on the “Confirm Order” button, you commit to buying the products selected at the prices indicated plus the additional delivery charges. All online payments are handled by our secure merchant provider Yoco. You can visit their website at https://www.yoco.co.za/ for more information. All credit card payments are taken through a secure server providing industry standard encryption. You will receive two confirmations; an order confirmation and a payment confirmation. All orders must be prepaid before supply. Attempts to proffer payment that are found to be fraudulent or in any way unlawful will be reported to the relevant authorities.
Delivery
You become the owner of all goods once they have been dispatched from our warehouse and paid for in full. If a certain colour is temporarily not in stock, we will inform you as soon as possible, indicating the estimated delivery time. Delivery will only take place on orders that have satisfied the criteria in section “Payment” above. The delivery option chosen, gives the time of delivery between our warehouse and the customer. Estimated delivery dates and times are estimates, and Heart Head Gear accepts no responsibility for delivery delays. The place of delivery is that which is specified on the web order form. Refusal of delivery without Heart Head Gear prior consent will result in you being liable for all costs, or losses resulting from that refusal, and if applicable, your continuing refusal to accept delivery. Part delivery of an order may be made subject to the agreement of both parties, and the payment by the customer of any extra freight charges incurred in the process. Goods are dispatched within 24 to 48 hours; you will receive an email confirming the shipping method and also the tracking number. We use the following shipping methods: The Courier Guy or My Courier.
Risk of loss
All items purchased from HeartHeadGear.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Returns / Refunds
If on receiving your product, you are not pleased with your purchase, let us know via e- mail within 7 days. You can return your product within 7 days, for a full refund provided it is in the original packaging and in perfect condition, with all the original labels attached, with no signs of wear, i.e. no traces of make-up, perfume or smoke, no laundering, without damages or other defects and no loose hairs left in it. Please note that we’re extremely strict and refuse all items that do not comply with these return policy conditions.
Return shipping is the customer’s responsibility. Please package items with care to ensure safe delivery back to us. If your item was shipped in a box, please pack it in a box (not an envelope) for returns. We cannot accept items back for return that reach us crushed, bent, permanently creased or otherwise damaged. Shipping fees are non-refundable. If you received free shipping due to a promotion, you must maintain eligibility status for that promotion. Otherwise, standard shipping fees will be deducted from your credit.
Heart Head Gear can replace items only if they are defective or damaged. Damaged in transit products must be reported to Heart Head Gear via e-mail within 3 days of receipt. After the passing of these 3 days, the customer is deemed to have accepted the product(s). This does not affect your statutory rights. Please note, we do not take responsibility for products which were damaged by the customer. Please open and inspect your items upon receipt of your order. Our quality control measures ensure that your items have been inspected at least three times before they are shipped to you. For this reason, product defects are extremely rare. Defects must be reported within 3 days of receipt. Defective items will be replaced (at no expense to the customer) for the same item ordered. If you prefer to replace it with a different product, your return will be handled like any other exchange. Please do let us know that you received a defective product so that we can make a note in your account to accept the product back.
Please inspect your shipment immediately upon receipt of your package. Omissions or inaccurate shipments must be claimed within 3 days of receipt. Accommodations are given for the exact item ordered.
Items that are sent as a courtesy to you due to a lost shipment, a short shipment or a defective product are not eligible for refund or exchange.
Credit will be given via the original payment method. We do not issue cash refunds.
Refund Process
1/ Notify us that that you are returning the item(s) within 7 calendar days after delivery by sending an e-mail to heart@drsonday.co.za. You do not have to give a reason for the return. We will reply with the return address and answer any questions you might have.
2/ Return your order at your own expense and in mint condition to the address indicated in the return confirmation email.
3/ We will reimburse the amount of your purchase within 14 business days of receipt of your returned goods. Payment method is the same as the one you’ve originally chosen when placing your online order with us. The shipping cost of your original delivery will not be reimbursed to you. Please read the returns/refunds policy above to avoid disappointment.
Applicable Law
By visiting HeartHEadGear.com you agree that the laws of South Africa, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Heart Head Gear.
Disputes
Disputes arising between Heart Head Gear and the customer shall be sought to be solved amicably and should it fail to be solved in this manner, each of the parties can take the case to the relevant court of law. Any dispute relating in any way to your visit to Heart Head Gear.com or to products you purchase through Heart Head Gear shall be submitted to confidential arbitration in South Africa except that, to the extent you have in any manner violated or threatened to violate Heart Head Gear intellectual property rights. Heart Head Gear may seek injunctive or other appropriate relief in any provincial or federal court and you consent to exclusive jurisdiction and venue in such courts.
Termination
The agreement for sale or supply may be terminated by Heart Head Gear, if the customer fails to pay on time, or breaches the agreement. Either party to the agreement may terminate the aforementioned agreement if either party has committed a material or indeed persistent breach of the agreement, or the other becomes insolvent, ceases trading, or is unable to pay arising debts.
Force Majeure
In the event of circumstances beyond Heart Head Gear control, we are not liable for delays in performance and completion. Heart Head Gear will exercise a time extension for performance in the following situations: strikes, fire, war, acts of terror, shortages in stock, exchange fluctuations, currency shortages, riots, violent disorder, shortage in transportation, governmental or regulatory action, natural disasters, or shortages or delays in deliveries from suppliers or manufacturers or any other event that causes the same result. Either party can terminate the agreement for sale without compensation after two months or any time thereafter.
Alterations to these Terms and Conditions
Heart Head Gear reserves the right to change the terms and conditions listed herein, as a result of changes in legislation, or other extenuating factors occurring.
Jurisdiction
South African legislation and the jurisdiction of the South African courts apply to this agreement.
Agreement
By ordering from HeartHeadGear.com you are deemed to have accepted the terms and conditions herein. If any part of this agreement is found to be invalid or unenforceable by a court, such a provision is entirely severable, and the rest of the document remains unaffected.