LASER LIPO - FAT FREEZING - HYDRA FACIAL - IPL - NDYAG - HIFU - MUSCLE SCUPLTING

CONDITIONS OF SALE

Kindly note that not all items are held in stock, should we need to order an item for you the usual delivery times are around 7-14 days. Please bear in mind that shipping delays are beyond our control but we will assist as much as possible in speeding up the delivery process 

GENERAL

All Quotations or Tenders given and all orders received and accepted areexecuted on the basis that the purchaser (“the Purchaser”) is bound bythese conditions of sale (the “Terms and Conditions”). Where there is anyinconsistency between these Conditions and any conditions which the purchaser seeks to impose these Conditions of sale shall prevail. Where orders specify delivery by instalments, each such instalment shall be deemed to be a separate contract. Acceptance of any goods supplied and/or delivered by the Company indicates an acceptance of these

Conditions.
 
1. VALIDITY OF QUOTATION

a) The Company reserves the right to refuse the Purchaser’s acceptance of a Quotation given by the Company unless such Quotation is stated to be open for a specific period and is accepted within such period before being withdrawn. In the event of the receipt by the Company of an order from the Purchaser, execution of the order is contingent upon actual availability of goods and will not be binding on the Company. b) Once an order has been placed by a Purchaser following on from the issue of a Quotation, no orders to the Company may be cancelled.

2. PRICES

a) Unless otherwise agreed in writing, all orders are executed subject to the then current prices and relevant discounts ruling at the date of despatch and any price list of the Company whether published or not shall not affect the right of the Company to charge for goods in accordance with this clause b) The Company reserves the right to make a handling charge on any orders, such value may be notified in writing to the Purchaser from time to time. c) Post the placing of an order pursuant to a Quotation, in the event of any change in the cost of raw materials or labour required to fulfil the order, prices may be subject to an appropriate variation. d) By placing an order and making an offer to buy a product, the Purchaser authorises the Company to transmit information (including any updated information) or to obtain information about the Purchaser from third parties from time to time and this may include verification checks involving debit or credit card number or credit reports in order to authenticate the Purchaser’s identity; to validate the Purchaser’s credit card; to obtain an initial credit card authorisation; to protect the Purchaser and the Company from fraud; and to enable the Company to arrange delivery of the Purchaser’s order to a nominated delivery address.

3. PAYMENT

a) Unless otherwise agreed in writing or the Purchaser is using third party finance/credit, payment is due in full as indicated in the Terms shown on the Invoice. b) Where the contract is to be, or may be, fulfilled in separate instalments, delivery or parts, payment for each instalment, delivery or part shall be made as if the same constituted a separate contract. c) No discount or other deductions are allowed unless specified in writing by the Company. d) The Company will be entitled to charge interest at 5% above the base rate of Reserve Bank of South Africa from time to time on all overdue accounts in accordance with clause 9 of these Terms and Conditions. e) Notwithstanding Condition 3 (a) the Company shall without prejudice to its other rights, have the right by notice in writing to the Purchaser to demand immediate payment of all monies due from the Purchaser to the Company for any goods delivered at whatever time. f) A deposit to secure a sale is subject to a 12 hour cooling off period. After this time no refund will be given unless on the grounds finance is not accepted.

4. CREDIT

The Company shall be entitled to refuse to accept any order, or to sell on credit to any proposed Purchaser without providing any reason.

5. CARRIAGE

Unless otherwise stated, goods destined for delivery will be carriage paid by the Company

6. CLAIMS FOR SHORT DELIVERY OR DAMAGED GOODS

The Company will not be liable for any loss or damage or shortage during delivery unless the following conditions are complied with: a) Notification in writing is received by the Company within seven days of the date of invoice if the goods are not received. b) Goods must be examined immediately on receipt. If any items appear to be damaged or missing the delivery paperwork must be clearly marked “damaged” or “missing”. The Company must be notified of the damage or short delivery in writing within twenty-four hours of delivery and within a day of delivery a detailed claim (including photographs of any alleged damage) must be sent in writing to the Company and the packaging retained and dealt with as directed by the Company.

7. COMPLAINTS

Unless claims are notified in accordance with this clause 6, the Purchaser shall be bound to accept and pay for the goods delivered in accordance with clause 3 (a).

8. DELIVERY AND PASSING OF RISK

a) Unless otherwise agreed in writing, delivery shall be made at the Purchaser’s premises specified in the order. Risk in the goods shall pass to the Purchaser on delivery. b) Any times quoted for despatch, repair or replacement are estimates only and the Company shall not be liable for failure to despatch, repair or replace within such time. c) In so far as there is a delay in delivery which is caused by some fault of the Purchaser (including failure to arrange a delivery date), then the Company reserves the right to levy a service charge in relation to storage. During this time, title to and risk in the goods shall remain with the Company. d) Where a Purchaser fails to accept deliveries in accordance with the terms and conditions of the order, the balance of undelivered goods shall be invoiced to the Purchaser, the goods being held at the Purchaser’s risk and any storage and additional carriage costs being charged to the Purchaser’s account. e) The Company will do all it reasonably can to deliver the goods to the Purchaser within the estimated timescales, but shall not be held liable for any delay or failure to deliver the Purchaser’s order within the estimated timescale as a result of such delays. Delays are occasionally inevitable due to unforeseen factors or events outside the Company’s control, for example, material shortages, travel or transportation disruption, import delays or higher-than-anticipated demand.

9. PASSING OF RISK AND RETENTION OF TITLE

a) Goods are supplied to the Purchaser by the Company subject inter alia to the following terms and conditions. b) Notwithstanding delivery and the passing of risk in goods, title to and ownership of the goods shall remain with the Company until payment in full for the goods, and for all other goods supplied by the Company to the Purchaser for which payment is then due, has been received by the Company. c) If payment for the goods is overdue in the whole or in part the Company shall be entitled at any time to require the Purchaser to return the goods at its own cost to the Company and, if the Purchaser fails to do so forthwith, to enter upon any premises of the Purchaser or any third party where the goods are stored and re-possess and re-sell the goods or any of them. Payment for the goods shall become due inter alia immediately upon the commencement of any act or proceeding in which the Purchaser’s solvency is involved. d) Until the Company is paid in full for the goods, and all other goods supplied by the Company for which payment is then due, the relationship of the Purchaser to the Company shall be that of a fiduciary and bailee with respect to all goods for which payment is outstanding and the Purchaser shall keep all such goods separate from those of the Purchaser and third parties and properly stored, protected, insured and identified as the Company’s property. A like right for the Company shall apply where the Purchaser uses the goods in any way so as to be entitled to payment from a third party. Until the Company is paid in full as foresaid the Purchaser shall be entitled to re-sell the goods in the ordinary course of its business but shall account to the Seller for the proceeds of sale of the goods, including insurance proceeds, and shall keep all proceeds of sale of such goods separate from any monies of the Purchaser or of third parties. e) The Purchaser shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the goods which remain the property of the Seller, but if the Purchaser does so all monies owing by the Purchaser to the Seller shall be without prejudice to any other right or remedy available to the Seller forthwith become due and payable.

10. RETURN OF GOODS

a) Subject only to any express terms of a warranty that may apply to the goods purchased as set out in clause 11, return of goods will not be accepted unless the Company or its appointed agent, shall first have had the opportunity of examining some and/or confirming the goods may be returned on the sole basis that they are faulty/defective or subject to a product recall, unless the Company has agreed otherwise in writing. Returns will not be accepted due to change of heart or any reason other than it being defective. b) Any goods returned in accordance with clause 10(a) which, for any reason, is not attributable to the Company will be subject to a handling charge of 25% of the total paid amount excluding delivery charges. The decision of return can be declined by the Company.  Should the machine have been ordered specifically for the purchaser, no return will be accepted. c) Any returned goods which are claimed to be defective and on inspection are found to be in working order may be returned to the Purchaser at the Company’s discretion and at the Purchaser’s cost. d) Returned goods should, wherever possible, be packed by the Purchaser in the original packaging and in any event, be placed in such a manner to ensure the goods are delivered to the Company without loss or damage. Goods returned to the Company, which have not been supplied by them, will be returned as received and a handling and carriage charge will be payable.

11. WARRANTY

a) Any devices(s) supplied by the Company, which fails during its six months’ (or extended) warranty period as a result of faulty workmanship or materials in manufacture, will be repaired or replaced (at the discretion of the Company), either as a free service by the company or at times may be charged
to the purchasers account, providing the product(s) is forwarded to the Company
suitably packed and carriage paid*. The Company’s liability for shortage, failure or defect and the goods supplied shall be limited to the cost of making good such shortage, failure or defect by repair or replacement and the Company shall not in any event be liable for any direct or indirect damage or loss whatsoever sustained or liability incurred by the Purchaser. Furthermore, it is the responsibility of the Purchaser to satisfy itself as to the fitness or suitability of the goods for any particular purpose and the goods are sold without any warranty, express or implied as to their suitability for a particular purpose or condition save where the Company has given specific written advice in connection therewith. b) Training – Any new machine purchased can also be purchased with an additional training package which enables products training for therapists during the six months of the manufacturer’s warranty period. After the six-month period has expired, training can still be purchased directly from the Company

12. LIABILITY AND INDEMNITY

a) If the fulfilment of an order (or any aspect of it) would be illegal or unlawful, including by reason of breach of export controls or sanctions, rules, or the Purchaser fails any of the Company’s fraud detection or antimoney laundering detection checks, the Company has the right to stop or cease to fulfil the order (or part thereof) at any time and shall incur no liability in such circumstances. b) The Purchaser has certain rights as a customer, including legal rights relating to faulty goods. All descriptive and forward specifications, drawings and particulars of weights and dimensions issued by the Company are approximate only, and are intended only to present a general idea of the goods to which they refer and shall not form part of the contract c) Any orders delivered to the Purchaser will be of satisfactory quality. However, if the Company delivers an order that is not of satisfactory quality, the Purchaser can contact the Company for a repair or replacement. d) The Company will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Terms and Conditions for any direct, special, incidental, indirect or consequential damages including loss of profit, loss of opportunity or any losses related to any business including (without limitation) lost data, earnings or business interruption that result from the use of, or the inability to use, the purchased goods, even if the Company has been advised of the possibility of such damages. e) The Purchaser agrees to fully indemnify, defend and hold harmless the Company, its agents, officers, directors, employees and suppliers, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms and Conditions by the Purchaser or any other liabilities arising out of the Customer’s use of the website. f) The Company shall not be held liable for death or personal injury resulting from any items purchased from the company.

13. CORRECTIONS

In the event of any employee of the Company making an error in any term, contract, offer, acceptance or quotation the Company may by notice in writing to the Purchaser correct the error.

14. PERFORMANCE

Any performance figures given by the Company are estimates based on its experience and in-house testing and as such are what the Company expects to be possible using certain reasonable assumptions. The Company does not guarantee such performance figures and accepts no responsibility whatsoever or howsoever for the Purchaser attaining such performance figures and therefore shall be under no liability for damages or failure to attain such figures unless the Company has specifically and in writing guaranteed performance figures and then only subject to recognized tolerances applicable to such figures. The Company reserves the right to update performance figures and protocols as further data becomes available.

15. SUSPENSION OR CANCELLATION OF DELIVERIES

If the Purchaser cancels their order the Company shall be entitled to recover loss sustained thereby from them. The purchaser will indemnify the Company in respect of any third-party claims arising against the Company by virtue of any act or omission arising out of the companies’ repudiation of the contact or suspension or cancellation of deliveries under this condition.

17. COPYRIGHT

All drawings descriptions and other information submitted by the Company shall remain the property of the Company together with the copyright therein and promptly upon request by the Company the Purchaser shall return the same to the Company.

18. DATA

The Company shall keep and use any data relating to the Purchaser in accordance with the provisions of all relevant data protection legislation to process the Purchaser’s order and payment and (unless the Purchaser requests the Company does not do so), to inform the Purchaser about similar products that the Company provides and essential technical updates. The Purchaser may stop receiving this information at any time by contacting the Company.

19. FORCE MAJEURE

The performance of all contracts is subject to variation or cancellation owing to Act of God, war strikes, lockout, fire, drought, riot, civil commotion, restriction by Government or other competent authority or any other cause beyond the Company’s control, or owing to the Company’s inability to procure materials or articles except at enhanced prices due to any of the afore going clauses.

20. HEALTH AND SAFETY

a) The Buyer shall be responsible for ensuring that all statutory, government or local regulations are complied with in relation to the operation of any goods purchased from the Company. Should any local regulations require amendments to the specification the cost of any such amendments shall be charged to the account of the Buyer in addition to the original contract price. The Buyer shall ensure that all instructions, handbooks, notices and warnings issued by the Company are properly understood and complied with at all times by all persons using the goods or working within close proximity to them, the Buyer being responsible for the translation of the English narrative supplied by the Company. b) It is the Buyer’s responsibility to ensure that any adverse incidents relating to the goods are reported back to the Company in writing as soon as possible following any such incident taking place.

21. INSOLVENCY OF BUYER

This Clause 21 applies if: a) The Buyer makes any voluntary arrangements with its creditor or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purpose of amalgamation or reconstruction), or b) An incumbrancer takes possession of or a receiver is appointed to dispose of any of the property or assets of the Buyer, or c) The Buyer ceases or threatens to cease to carry on business, or d) The Company reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly. e) If clause 21(a) applies, then without prejudice to any other right or remedy available to the Company, the Company shall be entitled to cancel the contract or suspend any further deliveries under the contract, without any liability to the Buyer, and if the goods have been delivered, but not paid for, the price shall become immediately due and payable, notwithstanding any previous agreement or arrangement to the contrary.

23. LEGAL CONSTRUCTION

These Terms and Conditions and any contract following thereon shall be governed by and construed in accordance with the Laws of South Africa and the parties shall submit to the jurisdiction of the Magistrates Court

24. GENERAL

a) The Company may change these Terms and Conditions at any time. If any clause of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that clause shall be deemed severable from the Terms and Conditions and shall not affect the validity and enforceability of the remainder of these Terms and Conditions which shall continue to have full force and effect. b) If the Purchaser breaches these Terms and Conditions and the Company takes no action it will still be entitled to use its rights and remedies in other situations where the Purchaser is in breach. No waiver by the Company shall be construed as a waiver of any proceeding or succeeding breach of any clause of these Terms and Conditions. c) These Terms and Conditions govern the relationship with the Purchaser and supersede any and all preceding and contemporaneous agreements between the Purchaser and the Company. Any waiver of any provision of the Terms and Conditions will only be effective if in writing and signed by a Director of the Company. The Purchaser confirms that, in agreeing to accept the Terms and Conditions, it has not relied on any representation save insofar as the same has expressly been made a clause of these Terms and Conditions and the Purchaser agrees that it shall have no remedy in respect of any representation. The Purchaser’s statutory rights are not affected by these Terms and Conditions

 Privacy Policy:

1. Introduction

At Choose to Lose, we value the privacy and security of our current and potential customers. This Privacy Policy outlines how we collect, use, protect, and share your personal information. We are committed to ensuring that your data is handled with the utmost care and in compliance with applicable laws and regulations.

2. Information We Collect

We collect the following types of personal information:

  • Contact Information: Such as name, email address, phone number, and mailing address.
  • Transaction Information: Details related to purchases or services you request, including payment information.
  • Technical Data: IP address, browser type, operating system, and other information about your device and browsing activities.
  • Communication Data: Content from interactions with our customer service team, including emails, chat logs, and phone calls.

3. How We Use Your Information

We use your personal information for the following purposes:

  • To Provide Services: Processing transactions, fulfilling orders, and delivering customer support.
  • To Improve Our Services: Analyzing usage patterns and feedback to enhance user experience and service quality.
  • To Communicate With You: Sending updates, promotional offers, and important notices related to your account or our services.
  • To Ensure Security: Detecting and preventing fraud, abuse, or other illegal activities.
  • To Comply with Legal Obligations: Fulfilling regulatory requirements and legal processes.

4. How We Protect Your Information

We implement a range of measures to safeguard your personal information, including:

  • Data Encryption: Using encryption technologies to protect data during transmission and storage.
  • Access Controls: Restricting access to personal information to authorized personnel only.
  • Secure Systems: Employing firewalls, intrusion detection systems, and regular security audits to protect against unauthorized access.
  • Data Minimization: Collecting only the information necessary for our purposes and securely disposing of data that is no longer needed.
  • User Authentication: Implementing strong authentication protocols to verify user identity.

5. Sharing Your Information

We do not sell, rent, or lease your personal information to third parties. However, we may share your data in the following circumstances:

  • With Service Providers: Third parties that assist us in providing services, such as payment processors, customer support, and courier services.
  • For Legal Reasons: To comply with legal obligations, enforce our policies, or protect our rights and safety or the rights and safety of others.
  • Business Transfers: In the event of a merger, acquisition, or sale of assets, where your information may be transferred as part of the transaction.

6. Your Choices and Rights

You have certain rights regarding your personal information:

  • Access and Correction: You can request access to and correction of your personal information.
  • Opt-Out: You can opt out of receiving promotional communications from us at any time.
  • Deletion: You may request the deletion of your personal information, subject to certain legal obligations.

7. Changes to This Policy

We may update this Privacy Policy from time to time. Any changes will be posted on our website with an updated effective date. We encourage you to review this policy periodically to stay informed about how we protect your information.

8. Contact Us

If you have any questions or concerns about this Privacy Policy or our data protection practices, please contact us at:

Choose to Lose

Email: info@choosetolose.co.za
Phone: 0823223697
Address: 268 Lulu street. Raslouw, Centurion 0157

Thank you for trusting Choose to Lose with your personal information. Your privacy is important to us.

Shopping Cart

Sign Up For Special Offers And Mailers

× Need Assistance?