Terms and conditions

Overview

This website is operated by Lomay Skin. Throughout the site, the terms “we”, “us” and “our” refer to Lomay Skin. Lomay Skin offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on BlueHost and built using WordPress and WooCommerce. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

 

Section 1 – Online Store Terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

Section 2 – General Conditions

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The products on the site are for your personal use – so please don’t resell without asking. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

Section 3 – Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Site. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

Section 4 – Use of Information

No medical or health decision should be made based on any reviews or testimonials referred to on the Site. Furthermore, Lomay Skin makes no warranty or representation, expressed or implied, as to the accuracy or sufficiency of the information contributed by outside sources, and assumes no responsibility or liability regarding the use of such information. Lomay Skin does not warrant the performance, effectiveness or applicability of any materials listed or linked to on the Site. Products offered on the Site are not intended to diagnose, treat, cure, or prevent any disease. Information provided on the website about products, conditions, diagnoses, treatments or any other information is not medical advice. This website contains general information about skincare, skin conditions, diet, health and nutrition. The information is not advice and should not be treated as such. The website does not provide medical or diagnostic services or prescribe medication.
 
Products or any other information are not a diagnosis, treatment or protocol for any disease or condition. You acknowledge that it is your sole responsibility for obtaining medical advice from a licensed healthcare professional. For healthcare professionals, you acknowledge your sole responsibility for medical decisions or actions with respect to the medical care, treatment and well-being of your patients, including, without limitation, all your acts or omissions in treating the applicable patient. Any use or reliance by you upon the website shall not diminish that responsibility. You acknowledge and agree that product results are through no fault of Lomay Skin.

You assume all risks associated with your use of the website and our products.
 

Section 5 – Modifications To The Service and Prices

Prices for our products are subject to change without notice.
 
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
 

Section 6 – Products or Services (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. As all Lomay Skin products are made in small batches due to their pure nature and to ensure premium quality, inconsistencies and minor variations in colour and texture will occur from batch to batch. This is entirely normal, and will be accepted by you as the buyer. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
 
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
 

Section 7  Delivery Street Address/Courier Service

If you are not at home when your parcel arrives, the courier service will contact you regarding information when you will be able to receive your parcel. You accept that in order for us to prove delivery of an order or part of an order, we do not have to prove you personally received the goods, but that any person at the delivery address specified on your order, signed for the delivery.
 

Section 8 – Inspection

You should inspect the products upon receipt and check that everything specified on the delivery note is included. You will be deemed to have accepted the order unless you notify us upon receipt that there is a problem or you cancel the order in accordance with your cancellation right and/or you return the goods in accordance with our Returns Policy. If you fail to take such action, we are not obligated to accept any rejection by you of the products at a later date.
 

Section 9 – Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
 
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy.
 

Section 10 – Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
 
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
 
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.


Section 11 – Third-Party Links

Certain content, products and services available via our Service may include materials from third-parties.
 
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
 
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
 

Section 12 – User Comments, Feedback and Other Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
 
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
 
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
 

Section 13 – Social Media

Winners are chosen randomly. Only page fans and followers are selected. Only the first comment or entry per person will be included in the draw. The same person will not be chosen as a winner more than once in the same calendar month. Winners must provide a daytime physical delivery address, email and contact number within 7 days in order to qualify for their prize. Winners to allow 5 – 7 working days for their prize to arrive, from when they confirm their delivery details. Winners must reside in South Africa. For any queries email leani@lomayskin.com.
 

Section 14 – Personal Information

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
 

Section 15 – Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
 
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
 
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
 
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
 
In no case shall Lomay Skin, our directors, officers, employees, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
 

Section 16 – Indemnification

You agree to indemnify, defend and hold Lomay Skin harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
 

Section 17 – Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of South Africa.
 

Section 18 – Changes To Terms of Service

You can review the most current version of the Terms of Service at any time at this page.
 
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
 

Section 19 – Contact Information

Questions about the Terms of Service should be sent to us at leani@lomayskin.com.

shipping

What are the Shipping Costs?
All shipping within South Africa is charged at a flatrate of R90. Have a questions about your delivery? Please contact us on leani@lomayskin.com
 
Where do you ship?
We are able to ship both within South Africa and Internationally. For international orders, all shipping expenses, duties and VAT will be for the buyers account. For any international orders please send your details to leani@lomayskin.com and we will fulfil your order specifically for you.
 
How will my order be delivered?
Orders will be sent via CourierGuy; direct to your address, and will take approximately 3-5 working days. We do not utilize the Post Office for any of our shipping.
 
When will I get my order?
We estimate it will take approximately 3-5 working days depending on your location (major centers will be quicker than outlying areas). After order confirmation you will also receive a tracking number; please contact us on leani@lomayskin.com if you haven’t received your tracking number within 2 business days of your order being placed.
 
What is the minimum spend to qualify for free shipping?
R800
 
What if a product is out of stock?
Should items ordered be out of stock, we will fulfill the available products to you, and contact you about whether you would prefer to await restocking of the back-ordered item or if you would prefer us to process a refund.
 
Can I make changes to my order or add an item to my order once it has been submitted?
We work hard to help you get your orders as quickly as possible. As soon as the payment is accepted and the order is confirmed, it is immediately in process to be shipped. Regret but we cannot amend orders once placed.
 
What if a product is missing from my order?
Orders are subject to stock availability. We try to maintain accurate stock counts on our website but from time-to-time there may be a stock discrepancy and we will not be able to fulfill all your items at time of purchase. In this instance, we will fulfill the available products to you, and contact you about whether you
would prefer to await restocking of the backordered item or if you would prefer for us to process a refund.
 
What if my product was damaged in transit?
If you find a parcel is damaged in-transit, please get in touch with us on leani@lomayskin.com to review the options for replacement.

Returns and Refund Policy

1. Unopened products:


If you’d like to return your products—get in touch with us at leani@lomayskin.com with your order details within 7 days of receiving your order and let us know what went wrong. To be eligible for a return, your item must be in the same condition you received it, unopened or unused and in its original packaging (i.e., saleable condition). If the reasons for return are valid, please ship unopened products back to us within 7 days of receiving your order, bearing all return shipment costs.

Please send any products for return or exchange to:

 

LOMAY SKIN

Attention: Returns / Customer Care

15 Petrus Stroom Road

Dargle

Howick

KwaZulu Natal

3265

 

If you are returning the item because it is not suitable or you have changed your mind we will refund you, less the courier fee once the item has been returned to us and we have confirmed that the item is in a saleable condition.

 

2. Opened products:


We require before-and/or-after photos to process a refund for opened products within 14 days of receiving your order & using the product.

The refund will be done in the form of the original tender of the order.

Refunds are dealt with on a case-by-case basis and are generally processed within 3 working days.

To start a return, you can contact me at leani@lomayskin.com. Please include a copy of your receipt (or a note with your order number (SK…), name, email address, phone number, photos) and your reason for returning the product(s). If your return is accepted, we’ll send you instructions on how and where to send your package or provide your with a return shipping label. Items sent back to us without first requesting a return will not be accepted.

Your refund will be processed after the products have been received, reviewed, and have been approved for return. You will receive a return confirmation email once your refund has been processed. Please allow 5-10 business days for the refund (excluding all shipping charges) to reflect in your account based on your bank’s operating timelines.

If your return has been rejected after inspection, we will notify you via email.

**Please note: Only items purchased on lomayskin.com may be accepted for return. If you purchased your product at one of our authorized retailers, please contact them for assistance.

 

Order Cancellations & Modifications

 

If you would like to cancel an order, please send an email to leani@lomayskin.com immediately. We aim to process orders as quickly as possible and may not be able to accommodate your request but will be happy to work with you until it is resolved.

Unfortunately, we are unable to cancel single items from an order. If your order is cancelled, you will receive an email notice alerting you to the cancellation. You will be refunded for any cancelled items. If you are interested in placing a new order or if you have questions about a cancelled order, please send an email to leani@lomayskin.com.

If you need to update your shipping address, please send an email to leani@lomayskin.com immediately.

 

Exceptions/Non-returnable Items

    1. Only products purchased on lomayskin.com may be returned.

    1. Items purchased from another retailer are not eligible for a refund. Please return those to the store where purchased.

    1. Original shipping and handling charges are non-refundable.

    1. Opened products without before-and/or-after photos.

    1. Items purchased with a discount or as part of a value set are not eligible for an exchange.

    1. Items of the same price, excluding any discount, are eligible for an exchange.

    1. Any products that are nearly empty, tampered and filled with other substances are not refundable.

    1. Partial sets or bundles are not eligible for a return — only complete sets.

    1. Items that have been damaged or lost from personal usage—dropped, stolen, spilled, mishandled, etc.—are not refundable.

    1. Gift cards are not refundable.

 

Defective Goods

    1. Please inspect your order upon reception and contact us within 7 days of delivery if the item is defective, damaged or if you receive the wrong item, you can contact us at leani@lomayskin.com photos so that we can evaluate the issue and make it right.

    1. Please do not discard your item. We may ask that you return it for quality assurance. If you did not purchase your product from lomayskin.com, please contact your retailer for assistance.

 

Adverse Reactions Return

 

Some products sold on the website contain active ingredients and some of these products can cause a mild irritation of the skin upon initial use thereof. We thus recommend using these products not more than three times per week initially and then gradually increasing to desired use. If you have developed a more severe reaction to any of these products bought on lomayskin.com, please contact us on leani@lomayskin.com. We will endeavour to resolve any adverse reactions. Refunds on products causing an adverse reaction will be judged on an individual basis following the opened product policy (i.e., before-and/or-after photos).