TERMS AND CONDITIONS

Terms of Use

By accessing, viewing, browsing or otherwise using (all of which shall be referred to as “using” in these Terms and Conditions of Use) www.just-breethe.com (the “Website or website”), you (“you” or the “User”) agree to be bound by and comply with these Terms, Conditions and Agreements of Use. Buff, Inc. (“we”) may at any time revise these Terms and Conditions of Use by updating this posting and may also make changes to the content or any links provided on the website at any time.

Use of Content on the Website

You should assume that everything you see or read on the website is copyrighted unless otherwise noted and may not be used, without Just Breethe (PTY) Ltd.’s permission, except as provided for in these Terms and Conditions of Use or in any other text appearing in the website. Just Breethe (PTY) Ltd. neither warrants nor represents that your use of materials displayed on the Website will not infringe any rights of third parties not owned by or affiliated with Just Breethe (PTY) Ltd.

Accuracy of Information

While Just Breethe (PTY) Ltd. makes reasonable efforts to include accurate and up to date information on the website, we make no warranties or representations as to the accuracy of any information appearing on the website. Just Breethe (PTY) Ltd. assumes no liability or responsibility for any errors or omissions in the content of the website.

Images on the site

Images of people, places or any other item displayed on the website are either Just Breethe (PTY) Ltd.’s intellectual property or are used by Just Breethe (PTY) Ltd. with the permission of third parties. The use of these images by you or anyone else authorized by you is prohibited unless specifically permitted by these Terms and Conditions of Use or elsewhere on the website. Any unauthorized use of any image appearing on the website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes

Product Information

Just Breethe (PTY) Ltd. attempts to be as accurate as possible in describing its products. While we have made every effort to show and describe our products as accurately as possible, in rare cases the final product may differ slightly from the images shown. We have tried to describe all products fairly and the weights, dimensions and capacities given are approximate only. Packaging may vary from that shown.

We do not warrant that product descriptions or other content of the Just Breethe (PTY) Ltd. website as accurate, complete, reliable, current, or error-free. Most JUST BREETHE® products displayed on the Just Breethe (PTY) Ltd. website. In some cases, merchandise displayed for sale via the Just Breethe (PTY) Ltd. website may not be available in retail stores. Unless otherwise stated, the prices displayed on the Just Breethe (PTY) Ltd. website are quoted in South African Rands.

Pricing

The standard rate of VAT is 15%. We reserve the right to amend or increase prices at our discretion or in the course of a sale. We operate other businesses independently, selling similar products by mail order and in our shops. The prices, although almost always the same, may vary from those shown.

Sales, promotional prices, discounts or coupons will only be accepted during the time of the sale or promotion period and cannot be applied retroactively. 

All discount promotions exclude items on sale and delivery fees. Sale pricing cannot be combined with other offers, unless otherwise noted.

Availability

All products and services are subject to availability and may be withdrawn at any time, including after you have placed your order. If your order cannot be fulfilled we will notify you as soon as possible. We reserve the right to withdraw any item from sale at any time. In these circumstances you will be advised.

Colors

Just Breethe (PTY) Ltd. has made every effort to display as accurately as possible the colors of our products that appear on the Just Breethe (PTY) Ltd. website. As the actual colors you see depend on your computer monitor or mobile device, however, we cannot guarantee that your monitor or device’s display of any color will be accurate.

Entitlement to use

By using the website, you represent and warrant to Just Breethe (PTY) Ltd. that you have all rights and entitlement necessary to use the website in your country and jurisdiction, and that you are not violating any laws, policies, regulations or other restrictions of your country and jurisdiction to which you may be subject by using the website.

Payment methods

Just Breethe (PTY) Ltd. makes use of PayFast (Pty) Ltd. (Registration number 2007/011558/07) for secure payment options during checkout within South Africa. Please refer to Payfast checkout for available options to pay online:

For international payments Just Breethe (PTY) Ltd. makes use of PayPal Pte. Ltd.

Credit Card

We accept Amex, Visa and Mastercard. Your credit card details (name on card, number, expiry date) will be requested on the checkout page.

If your credit card authorization fails this simply means that you have insufficient funds available or the card has expired.

Alternatively, you may contact us in order to pay by EFT payment method.

EFT/ Bank Deposits

Please take note that EFT/bank deposits can take up to 3 days to reflect in our bank account. When making an EFT/bank deposit please use the below details which will enable us to track your payment. 

Please forward any confirmation of payments to [email protected]

Sales and Customer Support Office Opening Hours:

Monday to Friday 8am – 4:30pm CAT excluding public holidays

Contact number: +27648033940

Communications to Just Breethe (PTY) Ltd.

Just Breethe (PTY) Ltd. is free to use any ideas, concepts, know-how, or techniques contained or described in any communication you send to Just Breethe (PTY) Ltd. without further compensation or payment to you and for any purpose whatsoever including, without limitation, developing, manufacturing and marketing products and creating, modifying or improving the website.

Email

All email sent to Just Breethe (PTY) Ltd. should be generated by the person in whose name the e-mail account is registered. Email shall not mask the identity of the submitter by using a false name or someone else’s name or account. Just Breethe (PTY) Ltd. will use your email address and the content of any email only for correspondence purposes and to meet our legal and regulatory requirements with regard to customer communications.

Order cancellations for Online Purchases:

In the unlikely event of deciding to cancel your order before delivery, please notify us in writing via e-mail as soon as possible.

Once your order has been dispatched and it has been handed to our courier service, we will only be able to initiate a cancellation and a refund when the item/s is back at our fulfilment warehouse.

In the event that we are unable to cancel the delivery, you should not accept the delivery, but reject it and inform the courier of the requested cancellation.

If the delivery was accepted you have the right to return it.

Please refer to the returns policy.

Online Sales returns:

You have seven (7) days from date of delivery to return the item to our sales office.

The items eligible for return must be unworn or unused condition, in its original sealed packaging including accessories and tags where applicable and in a saleable condition.

Our Returns Policy also applies to items purchased as a gift or delivered in error.

We reserve the right to inspect the items before we approve a refund.

For hygiene purposes we cannot accept the following items for return: Just Breethe Hempluxe Face masks, Just Breethe Intimit Panties, Just Breethe Intimit Underwear.

Six (6) months implied warranty for defective goods: (CPA act)

In the event that your items are defective within the first six (6) months of purchase, subject to inspection, we may repair, exchange or refund the defective merchandise.

If upon inspection it is found that the items are NOT defective you will NOT be entitled to a refund, repair or an exchange. You may be liable for the direct costs incurred.

Seven (7) day cooling of Period: (ECT Act)

As part of the Electronic Communications and Transactions (ECT) Act, you may be entitled to cancel your order without reason or penalty within 7 days of delivery. We reserve the right to recuperate any direct costs of returning of the goods. For more information, please contact us via email on [email protected] or call +27 64 803 3940

Refunds:

In the event that a refund is due to you please note that refunds can take up to 14 days to reflect into your account.

Communications on Just Breethe (PTY) Ltd.’s website

Although Just Breethe (PTY) Ltd. may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like which may appear from time to time on the website, Just Breethe (PTY) Ltd. is under no obligation to do so and assumes no responsibility or liability arising from the content of any such communications nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such communications on the Website. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Just Breethe (PTY) Ltd. will fully cooperate with any law enforcement authorities or court order requesting or directing Just Breethe (PTY) Ltd. to disclose the identity of anyone posting any such information or materials

Limitations of Liability and Release

Your use of the website is solely at your own risk. Neither Just Breethe (PTY) Ltd. nor any other party involved in creating, producing, or delivering the website shall in any event be liable for any direct, incidental, economic, consequential, indirect, punitive, special or exemplary damages arising out of your use of the website and any materials contained on or available through the website (even if Just Breethe (PTY) Ltd. has been advised of the possibility of such damages) under contract, tort, equity, or any other theory of liability or responsibility (including, without limitation, negligence). Without limiting the generality of the foregoing, everything on the website is provided to you “as is” without warranty of any kind, either expressed or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. By using the website, you agree to release Just Breethe (PTY) Ltd. and its affiliates and their employees, agents, and suppliers from any and all liability for injuries or damages resulting from your use of the website.

Termination and Modifications

Just Breethe (PTY) Ltd. retains the right at any time to discontinue, modify, or temporarily or permanently terminate the website with or without notifying you. If we discontinue, modify or terminate the site in whole or in part, we will not be liable to you or any third party for such discontinuance, modification or termination.

Viruses, Destruction of the Website

You agree not to upload, post, e-mail or otherwise send or transmit any material that contains malicious software, viruses or any other computer code, files, or programs intended to or which does interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment including Just Breethe (PTY) Ltd.’s systems. You also agree not to interfere with the servers or networks connected to the site or to disobey any requirements, procedures, policies or regulations of networks connected to the site. Any attempt by a user to deliberately damage the website or to undermine the operation of any aspect or component of the website constitutes a violation of criminal and civil laws.

Links and Hyperlinks

Just Breethe (PTY) Ltd. has not reviewed any of the websites, if any, linked to the website and is not responsible for the content of any off-site pages or links to any other sites. The inclusion of a link does not imply Just Breethe (PTY) Ltd.’s endorsement of the linked website. Viewing all other sites is done solely at your own risk. Just Breethe (PTY) Ltd. is not responsible or liable for any loss or damage incurred as a result of any dealings with any third-party website(s) or co-branded website(s). Any merchant(s) or operator(s) of a third-party website(s) or co-branded website(s), or any other person with whom you hold in any transaction(s).

Trademarks

JUST BREETHE® is a registered trademark of Just Breethe (PTY) Ltd. All of the trademarks, logos, and service marks (collectively referred to as the “Trademarks”) displayed on the website are registered or unregistered trademarks of Just Breethe (PTY) Ltd. or of third parties who have authorized their use by Just Breethe (PTY) Ltd. Nothing contained on the website should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trademark displayed on the website without the written permission of Just Breethe (PTY) Ltd. or owner of the trademarks. Your misuse of the trademarks or any other content displayed on the website, except as provided for in these Terms and Conditions of Use, is strictly prohibited.

Governing Laws and Disputes

This agreement, your rights and obligations, our rights and obligations, and all actions contemplated by this agreement will be governed by the laws of the Republic of South Africa, without regard to principles of conflicts of law and as if this agreement were a contract wholly entered into and wholly performed within the Republic of South Africa. Any dispute relating in any way to your visit to the Just Breethe (PTY) Ltd. website or to products you purchase through Just Breethe (PTY) Ltd. shall be submitted to confidential arbitration in Republic of South Africa, except that, to the extent you have in any manner violated or threatened to violate Just Breethe (PTY) Ltd.’s intellectual property rights, Just Breethe (PTY) Ltd. may seek injunctive or other appropriate relief in any court in the Republic of South Africa, and your consent to exclusive jurisdiction and venue in such courts. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this agreement shall be joined to an arbitration involving any other party subject to this agreement, whether through class arbitration proceedings or otherwise.

Indemnification

You agree to defend, indemnify, and hold harmless Just Breethe (PTY) Ltd. and its affiliates, successors and assigns, and its directors, officers, employees, agents, co-branders or other partners from and against any and all allegations, claims, demands, actions, causes of action, proceedings (whether threatened or pending), orders, damages, losses, liabilities, costs and expenses, including reasonable attorney’s fees and other legal expenses, and judgments of any kind of nature, incurred by Just Breethe (PTY) Ltd. arising out of or relating to your use of the Just Breethe (PTY) Ltd. website, your violation of this agreement, or your violation of any rights of another.