DailyPods™ legal

Daily Pods™ Website and E-Commerce Terms and Conditions

1. INTRODUCTION AND LEGAL NOTICE

1.1 These website and e-commerce terms and conditions, including all policies, notices and documents expressly incorporated herein by reference, govern access to and use of the website situated in Pretoria, the purchase of any goods offered through the website, and all related transactions concluded with The Family Collection of Companies (PTY) LTD, trading as DailyPods™ and DailyPods Stay™.

1.2 References in these Terms and Conditions to “DailyPods”, “DailyPods Stay”, “we”, “us”, “our” or “the Company” shall mean [INSERT FULL REGISTERED COMPANY NAME] (PTY) LTD, unless the context clearly indicates otherwise.

1.3 These Terms and Conditions constitute a legally binding agreement between the Company and every person who accesses, browses, registers on, submits information through, or concludes a transaction by means of the Website.

1.4 By accessing or using the Website, creating a customer account, submitting an enquiry, requesting a quotation, placing an Order, making payment or otherwise indicating acceptance of these Terms and Conditions, the User confirms that the User: 1.4.1 has read and understood these Terms and Conditions; 1.4.2 agrees to be legally bound by them; 1.4.3 possesses the legal capacity and authority necessary to conclude the relevant transaction; and 1.4.4 where acting on behalf of a company, close corporation, partnership, trust, hotel, lodge, guesthouse, short-term rental property, Airbnb operator, retailer or other organisation, is duly authorised to bind that entity to these Terms and Conditions.

1.5 A User who does not agree to these Terms and Conditions must immediately discontinue use of the Website and may not place an Order or submit an enquiry through the Website.

1.6 Nothing contained in these Terms and Conditions is intended or shall be interpreted as excluding, restricting or waiving any right or remedy afforded to a Consumer under applicable law where such right or remedy may not lawfully be excluded, restricted or waived.

2. DEFINITIONS

2.1 In these Terms and Conditions, unless the context indicates otherwise: 2.1.1 “Applicable Law” means all legislation, regulations, by-laws, directives, codes and legally enforceable requirements applicable within the Republic of South Africa, including the Consumer Protection Act, ECTA and POPIA; 2.1.2 “Business Day” means any day other than a Saturday, Sunday or official public holiday in the Republic of South Africa; 2.1.3 “Business Customer” means a person or entity purchasing Goods wholly or mainly for commercial, hospitality, resale, accommodation, promotional or business purposes; 2.1.4 “Consumer” bears the meaning assigned to that term under the Consumer Protection Act or ECTA, as applicable; 2.1.5 “Consumer Protection Act” or “CPA” means the Consumer Protection Act 68 of 2008, together with all regulations promulgated thereunder, as amended from time to time; 2.1.6 “Custom-Branded Goods” means Goods manufactured, labelled, printed, packaged, designed or otherwise prepared in accordance with a Customer’s branding, specifications, artwork, logo, property name or other instructions; 2.1.7 “DailyPods Branded Goods” means Goods bearing the standard DailyPods™ or DailyPods Stay™ branding, as applicable; 2.1.8 “DailyPods Stay” means the hospitality and bulk-order division or offering of DailyPods through which qualifying customers may purchase DailyPods-branded or Custom-Branded Goods, subject to the applicable minimum order quantity; 2.1.9 “Delivery Address” means the physical delivery address provided by the Customer during checkout or otherwise confirmed in writing; 2.1.10 “ECTA” means the Electronic Communications and Transactions Act 25 of 2002, as amended from time to time; 2.1.11 “Goods” or “Products” means the skincare, body-care, hair-care, travel-care, gift, bundle, kit, pouch and associated products offered by the Company; 2.1.12 “Intellectual Property” means all trademarks, trade names, logos, designs, copyright, packaging, label artwork, photographs, trade secrets, formulations, know-how, website content and related proprietary rights; 2.1.13 “Order” means an offer submitted by a Customer to purchase one or more Goods; 2.1.14 “Order Confirmation” means an electronic communication confirming receipt or acceptance of an Order, as the context may indicate; 2.1.15 “Personal Information” bears the meaning assigned to it under POPIA; 2.1.16 “POPIA” means the Protection of Personal Information Act 4 of 2013, including all regulations promulgated thereunder, as amended from time to time; 2.1.17 “Returns Policy” means the returns, refunds and exchanges provisions contained in these Terms and Conditions and any supplementary policy displayed on the Website; 2.1.18 “User” or “Customer” means any natural or juristic person who accesses or uses the Website, submits an Order or enquiry, or purchases Goods from the Company; 2.1.19 “Website” means [INSERT DOMAIN], including all associated pages, subdomains, functionality and online checkout facilities operated by or on behalf of the Company; and 2.1.20 “Writing” or “Written” includes a data message, email or other electronic communication capable of being stored and reproduced.

2.2 Words importing the singular shall include the plural and vice versa, and words importing one gender shall include all genders.

2.3 Clause headings have been inserted for convenience only and shall not be used in interpreting these Terms and Conditions.

2.4 Where a number of days is prescribed, the first day shall be excluded and the final day included, unless the final day is not a Business Day, in which event the period shall end on the next Business Day.

2.5 The words “including”, “includes” and “in particular” shall not be interpreted as limiting the general meaning of the words preceding them.

3. COMPANY AND SUPPLIER INFORMATION

3.1 The supplier of the Goods offered through the Website is: Registered name: [INSERT FULL LEGAL ENTITY NAME] (Pty) Ltd Trading name: DailyPods™ / DailyPods Stay™ Registration number: [INSERT] VAT number: [INSERT, IF APPLICABLE] Country and place of registration: Republic of South Africa Registered and physical address: [INSERT] Address for service of legal documents: [INSERT] Telephone number: [INSERT] Email address: [INSERT CUSTOMER SERVICE EMAIL] Returns email address: [INSERT] Information Officer or privacy email: [INSERT] Website: [INSERT] Directors or office bearers: [INSERT NAMES]

3.2 The Customer is responsible for ensuring that the contact information supplied to the Company is accurate, current and complete.

3.3 Any omission of information from the preceding clause pending completion of the Website shall not authorise publication of the Website without the disclosures required under ECTA. ECTA requires online suppliers to disclose, among other matters, their full name and legal status, physical and electronic contact details, registration particulars, product characteristics, full price, payment arrangements, delivery period, return policy and privacy and security procedures.

4. APPLICATION AND PRIORITY OF DOCUMENTS

4.1 These Terms and Conditions apply to: 4.1.1 ordinary retail Orders placed through the Website; 4.1.2 purchases of individual Products; 4.1.3 purchases of kits, sets and bundles; 4.1.4 DailyPods Stay hospitality Orders; 4.1.5 quotation-based Orders; 4.1.6 standard DailyPods-branded Goods; 4.1.7 Custom-Branded Goods; and 4.1.8 any related enquiry, sample request, design service, branding service or fulfilment service supplied by the Company.

4.2 Where the Company issues a formal quotation, proposal, invoice, order form or custom-branding approval document, that document shall be read together with these Terms and Conditions.

4.3 In the event of inconsistency, the following order of precedence shall apply: 4.3.1 a written agreement signed by both parties; 4.3.2 an accepted quotation or order form containing expressly negotiated terms; 4.3.3 these Terms and Conditions; 4.3.4 the Returns Policy, Privacy Policy and Delivery Policy; and 4.3.5 any general marketing material.

4.4 A quotation or invoice shall vary these Terms and Conditions only to the extent that it expressly identifies the provision being varied or clearly records a different commercial arrangement.

5. ELIGIBILITY AND AUTHORITY

5.1 A natural person placing an Order must be at least 18 years of age and legally competent to enter into a binding agreement.

5.2 A person placing an Order on behalf of another person or entity warrants that the person has the authority necessary to do so.

5.3 The Company may request reasonable proof of identity, age, authority, address, business registration or payment authorisation before accepting or fulfilling an Order.

5.4 The Company may refuse or cancel an Order where it reasonably suspects: 5.4.1 fraud, identity theft or unauthorised payment activity; 5.4.2 misuse of a promotional offer; 5.4.3 resale in breach of an agreed distribution arrangement; 5.4.4 unlawful or unauthorised use of third-party branding; 5.4.5 an obvious pricing, stock or technical error; or 5.4.6 conduct likely to expose the Company, its suppliers or its payment providers to legal, financial or reputational harm.

6. CUSTOMER ACCOUNTS

6.1 A Customer may be required to register an account before accessing certain features of the Website.

6.2 The Customer shall: 6.2.1 provide accurate and complete registration information; 6.2.2 keep account information up to date; 6.2.3 maintain the confidentiality of the Customer’s password and login credentials; 6.2.4 not permit unauthorised use of the account; and 6.2.5 immediately notify the Company of suspected unauthorised access.

6.3 The Company shall not be responsible for loss caused by a Customer’s failure to safeguard account credentials, except to the extent that the loss was caused by the Company’s own unlawful conduct, negligence or security failure.

6.4 The Company may suspend or terminate an account where the Customer breaches these Terms and Conditions, misuses the Website, engages in fraudulent activity or poses a security risk.

7. PRODUCT RANGE AND PACKAGING

7.1 DailyPods Products are primarily supplied in portable, flexible pouches designed for travel, convenience and space-saving storage.

7.2 The size, shape, capacity and format of each Product shall be as stated on the applicable product page at the time the Order is placed.

7.3 Unless otherwise stated: 7.3.1 skincare Products may be offered in 30 ml and/or 50 ml pouches; 7.3.2 hair-care and body-care Products may be offered in larger pouch formats appropriate to the relevant range; 7.3.3 DailyPods Stay facial Products may be supplied in 30 ml pouches; 7.3.4 DailyPods Stay hair and body Products may be supplied in 50 ml pouches; and 7.3.5 kits may contain a combination of Product sizes as specified in the relevant Product description.

7.4 The availability of a Product in a particular size, formulation, colour designation, label variation, kit or collection may change without prior notice.

7.5 No Customer may assume that a Product is supplied in any size merely because a similar Product, mock-up, historical image or promotional photograph depicted a different size.

8. PRODUCT DESCRIPTIONS, IMAGES AND VARIATIONS

8.1 The Company shall use reasonable endeavours to ensure that Product descriptions, photographs, sizes, pricing, labels and specifications are materially accurate.

8.2 Product images are intended to provide a reasonable visual representation. The Customer acknowledges that: 8.2.1 screen settings may affect the appearance of colours; 8.2.2 pouch transparency, fill appearance, viscosity, texture and colour may vary slightly between formulations or production batches; 8.2.3 photographic lighting may alter the appearance of packaging; 8.2.4 minor packaging or label refinements may be implemented without materially changing the Product; 8.2.5 dimensions and fill positioning may vary within reasonable manufacturing tolerances; and 8.2.6 lifestyle imagery may include props that are not included in the purchase.

8.3 Any material deviation between the Goods delivered and the description forming part of the Customer’s Order shall remain subject to the Customer’s rights under Applicable Law.

8.4 The Company shall not substitute a materially different Product without the Customer’s consent.

9. FORMULATIONS, COSMETIC USE AND PRODUCT INFORMATION

9.1 DailyPods Goods are cosmetic and personal-care Products unless a Product is expressly described otherwise.

9.2 Product information is provided for general informational purposes and is not intended to constitute medical advice, diagnosis, treatment or a representation that a Product will cure, prevent or treat a medical condition.

9.3 Customers must: 9.3.1 read the label and ingredient information before use; 9.3.2 follow all usage, storage and warning instructions; 9.3.3 avoid using a Product where the Customer is aware of an allergy or sensitivity to an ingredient; 9.3.4 conduct a patch test where appropriate; 9.3.5 discontinue use if irritation, swelling, burning, rash or another adverse reaction occurs; and 9.3.6 seek appropriate medical advice where an adverse reaction is serious or persists.

9.4 Individual experiences and cosmetic results may differ. No statement, review, photograph or marketing description shall be interpreted as guaranteeing an identical result for every Customer.

9.5 Goods shall be used only for their intended purpose and in accordance with their label.

9.6 Nothing in this clause limits the Company’s statutory obligations in relation to unsafe, defective, incorrectly labelled or unsuitable Goods.

10. ORDERS AND ELECTRONIC TRANSACTIONS

10.1 The display of Goods on the Website constitutes an invitation to do business and not a binding offer by the Company.

10.2 An Order submitted by the Customer constitutes an offer by the Customer to purchase the Goods identified in the Order at the displayed price, subject to these Terms and Conditions.

10.3 Before submitting an Order, the Customer shall be provided with a reasonable opportunity to review the Order, correct errors and withdraw from the transaction. This reflects the electronic-order protections contemplated by ECTA.

10.4 Receipt of payment, a payment authorisation or an automated acknowledgement does not necessarily constitute acceptance of the Order.

10.5 A binding agreement shall arise when the Company: 10.5.1 expressly confirms acceptance of the Order in Writing; 10.5.2 issues a final Order Confirmation; or 10.5.3 dispatches the Goods, whichever occurs first.

10.6 The Company may reject an Order before acceptance where: 10.6.1 the Goods are unavailable; 10.6.2 the price or description contains an obvious error; 10.6.3 payment is declined or reversed; 10.6.4 the Customer fails verification; 10.6.5 the Delivery Address is outside the Company’s delivery area; 10.6.6 the Order breaches quantity restrictions; or 10.6.7 the Company reasonably believes the Order is fraudulent or unlawful.

10.7 Where an Order is rejected after payment has been received, the amount paid shall be refunded using the original payment method, subject to lawful verification requirements.

11. PRICES, TAXES AND ERRORS

11.1 All prices shall be stated in South African Rand.

11.2 Prices shall be inclusive or exclusive of value-added tax as expressly indicated on the Website. Where the Company is registered for VAT, retail prices displayed to Consumers shall be presented in accordance with Applicable Law.

11.3 Delivery charges, custom-branding fees, artwork fees, setup fees, design fees, express-production fees and other charges shall be disclosed before the relevant Order is finalised or recorded in the applicable quotation.

11.4 The Company may change prices prospectively at any time.

11.5 A price change shall not affect an Order already accepted by the Company, except where the price was an obvious and bona fide error that a reasonable Customer would have recognised as incorrect.

11.6 If an incorrect price is displayed, the Company may: 11.6.1 contact the Customer and offer the Goods at the correct price; or 11.6.2 cancel the affected Order and refund the Customer.

11.7 Prices offered through Takealot, marketplaces, retailers, hospitality quotations, promotions or bulk arrangements may differ from prices displayed on the Website.

11.8 A Customer shall not be entitled to a retrospective refund merely because the Goods are subsequently offered at a lower price.

12. PROMOTIONS AND DISCOUNT CODES

12.1 Promotions, discount codes, gift offers and limited-time offers are subject to the specific terms displayed with the promotion.

12.2 Unless otherwise stated: 12.2.1 promotional codes may not be exchanged for cash; 12.2.2 only one code may be used per Order; 12.2.3 codes may not be combined; 12.2.4 a code may be limited to specified Products or customers; 12.2.5 a minimum spend may apply; 12.2.6 delivery charges shall not count towards minimum-spend requirements; and 12.2.7 promotions are valid while stocks last.

12.3 The Company may withdraw or correct a promotion where it contains an error, has been abused or is affected by fraud.

13. PAYMENT

13.1 Payment shall be made using a payment method offered at checkout or specified in a quotation.

13.2 The Customer warrants that the Customer is authorised to use the selected payment method.

13.3 Payment transactions may be processed by an independent payment service provider.

13.4 The Customer may be required to accept the payment provider’s own terms and privacy policy.

13.5 The Company shall take reasonable steps to utilise a payment system that is sufficiently secure having regard to accepted technological standards and the nature of the transaction, as required under ECTA.

13.6 The Company may delay fulfilment while payment or fraud verification is pending.

13.7 The Customer shall not initiate an improper chargeback in place of using the Company’s returns or complaints process.

13.8 Where a payment is reversed, dishonoured or fraudulently disputed after the Goods have been dispatched, the Customer shall remain liable for all lawful amounts due.

13.9 Ownership of the Goods shall remain vested in the Company until the purchase price and all applicable charges have been paid in full.

14. STOCK AVAILABILITY

14.1 All Orders are subject to stock and production availability.

14.2 Placing Goods in a basket does not reserve them.

14.3 If Goods become unavailable after an Order is submitted, the Company may: 14.3.1 offer a reasonable alternative with the Customer’s approval; 14.3.2 place the affected Goods on back order with the Customer’s approval; 14.3.3 remove the unavailable Goods and refund the corresponding amount; or 14.3.4 cancel the Order and provide a refund.

14.4 The Company shall not substitute a Product without notifying the Customer where the substitution would materially affect the formulation, size, purpose or value of the Goods.

15. DELIVERY

15.1 Unless expressly stated otherwise, delivery is available only to physical addresses within the Republic of South Africa.

15.2 The Customer shall provide a complete, accessible and accurate Delivery Address.

15.3 Delivery periods are estimates unless the Company expressly agrees to a guaranteed delivery date in Writing.

15.4 The Company shall use reasonable endeavours to dispatch and deliver within the period indicated at checkout or in the applicable quotation.

15.5 Under ECTA, an electronic supplier must execute an Order within 30 days after receipt unless a different period has been agreed. Where the supplier cannot perform because the Goods are unavailable, the supplier must notify the Consumer and refund payments within the applicable statutory period.

15.6 The following shall not constitute delivery delays attributable to the Company where they are beyond its reasonable control: 15.6.1 courier disruptions; 15.6.2 severe weather; 15.6.3 road closures; 15.6.4 strikes; 15.6.5 load-shedding or infrastructure failure; 15.6.6 supplier delays; 15.6.7 customs or border delays; 15.6.8 inaccurate address information; 15.6.9 inability to access the Delivery Address; or 15.6.10 Force Majeure Events.

15.7 Delivery shall be deemed completed when the Goods are handed to: 15.7.1 the Customer; 15.7.2 a person apparently authorised to receive delivery at the Delivery Address; 15.7.3 reception, security, a concierge or front desk at the Delivery Address; or 15.7.4 another location expressly authorised by the Customer.

15.8 Risk in the Goods shall pass upon delivery, subject to any contrary requirement of Applicable Law.

15.9 If delivery fails because of incorrect information, refusal to accept delivery, repeated absence or inaccessible premises, the Customer may be charged reasonable redelivery or return costs.

15.10 The Customer must not accept a visibly tampered-with parcel without noting the apparent damage with the courier where reasonably possible.

16. INSPECTION OF DELIVERY

16.1 The Customer should inspect the Order promptly after delivery.

16.2 The Customer should notify the Company as soon as reasonably possible if: 16.2.1 an item is missing; 16.2.2 the wrong item was delivered; 16.2.3 a pouch is leaking or damaged; 16.2.4 the parcel appears tampered with; 16.2.5 the Product differs materially from the Order; or 16.2.6 the Product appears defective or unsafe.

16.3 Photographs of the parcel, courier label, outer packaging, Product, batch information and defect may be requested to facilitate investigation.

16.4 A request for prompt notice does not extinguish any non-waivable statutory right merely because notice was not provided within a voluntary reporting period.

17. CANCELLATION BEFORE DISPATCH

17.1 A Customer may request cancellation before dispatch by contacting [INSERT EMAIL].

17.2 The Company shall use reasonable endeavours to process the request but cannot guarantee cancellation after picking, packaging, branding, manufacturing or dispatch has commenced.

17.3 Standard retail Goods cancelled before dispatch may be refunded, less any amount lawfully deductible.

17.4 Custom-Branded Goods and Goods manufactured or prepared to the Customer’s specifications may not be cancelled once design, printing, production, filling, labelling or packaging has commenced, except where Applicable Law provides otherwise.

17.5 Reasonable design, artwork, setup, material, labour, production or administrative costs already incurred may be retained or charged where an Order is lawfully cancelled after such work has commenced.

18. ELECTRONIC COOLING-OFF RIGHTS

18.1 Where section 44 of ECTA applies, a Consumer may cancel a transaction for the supply of Goods without reason and without penalty within seven days after receipt of the Goods, subject to the direct cost of returning the Goods.

18.2 The ECTA cooling-off right does not apply to certain transactions, including Goods that: 18.2.1 are made to the Consumer’s specifications; 18.2.2 are clearly personalised; 18.2.3 by reason of their nature cannot be returned; 18.2.4 are likely to deteriorate or expire rapidly; or 18.2.5 fall within another statutory exception.

18.3 Custom-Branded Goods will ordinarily constitute Goods made to the Customer’s specifications or clearly personalised and may therefore be excluded from the ECTA cooling-off right.

18.4 Where a cooling-off cancellation is valid: 18.4.1 the Customer shall notify the Company in Writing; 18.4.2 the Goods must be returned in accordance with the Company’s reasonable instructions; 18.4.3 the direct cost of returning the Goods shall be borne by the Customer where permitted by law; and 18.4.4 the Company shall provide the required refund within the statutory period.

19. CHANGE-OF-MIND RETURNS

19.1 In addition to any statutory cooling-off right, the Company may accept a voluntary change-of-mind return where: 19.1.1 the request is submitted within [INSERT VOLUNTARY RETURNS PERIOD] after delivery; 19.1.2 the Product is unused; 19.1.3 the pouch, seal and cap have not been opened, punctured or tampered with; 19.1.4 the Product remains in its original saleable condition; 19.1.5 all kit, bundle and promotional components are returned; and 19.1.6 proof of purchase is supplied.

19.2 Because skincare, body-care and hair-care Products are personal-use and hygiene-sensitive Goods, opened or used Products will not ordinarily be accepted for a change-of-mind return.

19.3 The restriction in clause 19.2 does not apply where the Goods are defective, unsafe, incorrectly supplied or otherwise returnable under Applicable Law.

19.4 The Customer shall bear the return cost for an ordinary change-of-mind return unless Applicable Law requires otherwise.

19.5 Original delivery fees may be non-refundable where the delivery service was properly performed, subject to Applicable Law.

19.6 The Company may reject a voluntary return if the Product has been used, opened, contaminated, altered, damaged after delivery or rendered unsuitable for resale.

20. DEFECTIVE, UNSAFE OR UNSUITABLE GOODS

20.1 The Company warrants that Goods supplied to Consumers shall comply with the standards imposed by Applicable Law.

20.2 The CPA provides an implied warranty that Goods shall be reasonably suitable for their intended purpose, of good quality, in good working order, free of defects and usable and durable for a reasonable period having regard to their nature and normal use.

20.3 Within six months after delivery, a Consumer may return Goods that fail to satisfy the statutory standards, without penalty and at the supplier’s risk and expense, and may direct the supplier to repair, replace or refund the Goods as provided by the CPA.

20.4 As cosmetic and personal-care Products are generally not capable of meaningful repair, an appropriate remedy will ordinarily be replacement or refund, subject to the circumstances and Applicable Law.

20.5 A Product shall not be considered defective merely because: 20.5.1 the Customer dislikes the fragrance, texture or personal cosmetic result; 20.5.2 the Customer experiences no particular expected aesthetic result; 20.5.3 the Customer failed to use or store it according to instructions; 20.5.4 the Customer used it after expiry; 20.5.5 it was altered, contaminated or mixed with another substance after delivery; or 20.5.6 the issue arose from misuse, neglect, abnormal storage or unauthorised repackaging, unless Applicable Law provides otherwise.

20.6 If a Product allegedly caused an adverse reaction, the Company may request: 20.6.1 the Product and packaging; 20.6.2 batch or lot information; 20.6.3 photographs; 20.6.4 proof of purchase; 20.6.5 details of use; and 20.6.6 other information reasonably necessary to investigate the complaint.

20.7 The Customer must retain the affected Product and packaging where reasonably possible until the complaint has been assessed.

21. INCORRECT OR INCOMPLETE ORDERS

21.1 If the Company supplies an incorrect Product or omits a Product, the Customer may notify the Company and provide proof reasonably required to verify the discrepancy.

21.2 The Company may, as appropriate: 21.2.1 deliver the missing Product; 21.2.2 replace the incorrect Product; 21.2.3 arrange collection at the Company’s cost; or 21.2.4 refund the affected Product.

21.3 A Customer shall not be required to pay for Goods not ordered.

22. REFUNDS

22.1 Approved refunds shall ordinarily be made to the original payment method.

22.2 The Company may require reasonable verification of the Customer’s identity, payment method or banking details before processing a refund.

22.3 Refund timing may be affected by the payment provider or financial institution.

22.4 The Company shall process statutory refunds within the period required by Applicable Law.

22.5 No cash refund shall be made for Goods purchased using a non-cash promotional credit unless required by law.

22.6 Where part of a discounted bundle is returned, the refund may be recalculated to account for the price that would have applied to the retained Products, provided that such recalculation is fair, reasonable and lawful.

22.7 Refunds shall not be made to an unrelated third party.

23. KITS, SETS AND BUNDLES

23.1 The contents, sizes and quantities included in each kit or bundle shall be those stated on the relevant Product page at the time of purchase.

23.2 Unless a Product is defective or incorrectly supplied, a kit or bundle must ordinarily be returned as a complete set.

23.3 A missing complimentary item, gift or promotional component may be deducted from the refund at its fair value where the Customer retains that item.

23.4 The Company may alter the composition of future kits and bundles prospectively.

23.5 A photograph depicting a cosmetic bag, travel accessory, towel, tray or decorative item shall not mean that the item is included unless the Product description expressly says so.

24. TAKEALOT AND THIRD-PARTY MARKETPLACES

24.1 DailyPods Goods may be offered through Takealot or another third-party marketplace.

24.2 Orders placed through a third-party marketplace are also subject to that marketplace’s payment, fulfilment, delivery, return and account terms.

24.3 The marketplace, rather than the Company, may administer payment, courier delivery, cancellation and first-line returns.

24.4 Prices, promotions, availability and delivery charges on a marketplace may differ from those on the Website.

24.5 Where a statutory Product warranty or obligation rests with the Company as producer, distributor, importer or supplier, nothing in this clause excludes that obligation.

24.6 A Customer who purchased through Takealot should ordinarily initiate the return through the Takealot account and return process, unless directed otherwise.

DAILY PODS STAY™ HOSPITALITY AND BULK TERMS

25. APPLICATION OF DAILY PODS STAY TERMS

25.1 Clauses 25 to 33 apply specifically to DailyPods Stay Orders and shall supplement the remainder of these Terms and Conditions.

25.2 DailyPods Stay is intended for hotels, boutique hotels, lodges, guesthouses, resorts, serviced apartments, villas, Airbnbs, holiday rentals, corporate accommodation providers and other hospitality or commercial customers.

25.3 The Company may, in its discretion, permit an individual to place a DailyPods Stay Order, provided the applicable minimum quantity and commercial terms are satisfied.

26. MINIMUM ORDER QUANTITY

26.1 Unless a quotation expressly provides otherwise, the minimum Order quantity for DailyPods Stay is 50 units in aggregate across the available DailyPods Stay range.

26.2 The minimum quantity is not 50 units of each SKU unless this is specifically stated in a quotation.

26.3 A Customer may ordinarily combine different eligible Products and SKUs to reach the aggregate minimum quantity, subject to: 26.3.1 stock availability; 26.3.2 manufacturing constraints; 26.3.3 reasonable minimum quantities for custom label variants; 26.3.4 packaging limitations; and 26.3.5 the terms of the applicable quotation.

26.4 The Company may establish different minimum quantities for: 26.4.1 custom sizes; 26.4.2 multiple custom brand variations; 26.4.3 specialised formulations; 26.4.4 individually named properties; 26.4.5 multiple delivery addresses; or 26.4.6 special packaging requests.

26.5 No DailyPods Stay Order shall be binding until the applicable quotation has been accepted and any required payment has been received.

27. BRANDING OPTIONS

27.1 DailyPods Stay Goods are offered in two principal branding options: 27.1.1 DailyPods-branded Goods, bearing the Company’s standard DailyPods Stay™ branding; and 27.1.2 Custom-Branded Goods, bearing approved branding supplied or authorised by the Customer.

27.2 The Company does not undertake to supply completely unlabelled or legally non-compliant Products.

27.3 All Custom-Branded Goods shall retain any information required by law, including mandatory product, ingredient, batch, warning, responsible-party, volume or traceability information.

27.4 The scope and placement of custom branding shall be determined in the approved artwork and quotation.

27.5 Custom branding may include the property name, logo, guest message, design treatment or other approved information.

27.6 The Company may refuse artwork that: 27.6.1 infringes third-party rights; 27.6.2 is unlawful, discriminatory, defamatory, misleading or offensive; 27.6.3 makes unauthorised medical or therapeutic claims; 27.6.4 obscures mandatory information; 27.6.5 is technically unsuitable for the packaging; or 27.6.6 may damage the reputation of the Company or its Products.

28. CUSTOMER-SUPPLIED ARTWORK AND INTELLECTUAL PROPERTY

28.1 The Customer warrants that it owns or has valid authority to use every logo, trade name, photograph, design, slogan, font, image or other item supplied for custom branding.

28.2 The Customer grants the Company a limited, non-exclusive licence to reproduce and use the supplied material solely to perform the Order, prepare proofs, manufacture the Goods and retain reasonable production records.

28.3 The Customer shall indemnify the Company against third-party claims arising from the Company’s authorised use of Customer-supplied branding, except to the extent that the claim arose from the Company’s unauthorised alteration or use.

28.4 The Company may retain copies of approved artwork for reorders, legal compliance and recordkeeping.

28.5 Custom branding does not transfer ownership of the DailyPods Product, formulation, pouch design, manufacturing methods, standard label architecture or other Company Intellectual Property to the Customer.

29. ARTWORK APPROVAL

29.1 The Company shall provide a digital proof where custom artwork is included in the Order.

29.2 The Customer must review all text, spelling, colours, logos, contact details, measurements and layout before providing approval.

29.3 Production shall not commence until Written approval has been received.

29.4 Once artwork is approved: 29.4.1 the Customer accepts responsibility for errors visible in the proof; 29.4.2 changes may result in additional fees and delays; 29.4.3 the Order may no longer be cancelled without charge; and 29.4.4 the Company may rely on the approval as final authority to proceed.

29.5 Screen colours are not guaranteed to reproduce identically in print.

29.6 Minor differences in colour, positioning, cut lines or print finish within ordinary production tolerances shall not constitute a defect.

29.7 The Company remains responsible for errors introduced after approval that were not present in the approved proof.

30. CUSTOM-BRANDING FEES AND PAYMENT

30.1 Custom-branding quotations may include: 30.1.1 artwork setup fees; 30.1.2 design fees; 30.1.3 printing or plate fees; 30.1.4 label fees; 30.1.5 formulation or sampling fees; 30.1.6 production charges; 30.1.7 packaging charges; 30.1.8 delivery charges; and 30.1.9 applicable taxes.

30.2 Payment terms shall be set out in the quotation.

30.3 The Company shall not be obliged to procure material, commence design work or reserve production capacity before receipt of any required deposit or full payment.

30.4 A deposit may be non-refundable to the extent that the Company has incurred reasonable design, material, supplier, printing, production or administrative costs.

31. CUSTOM PRODUCTION AND LEAD TIMES

31.1 Custom-production periods commence only once: 31.1.1 the quotation is accepted; 31.1.2 all required payment has cleared; 31.1.3 final artwork is approved; 31.1.4 all Customer information has been supplied; and 31.1.5 any required sample or specification has been approved.

31.2 Lead times are estimates unless expressly guaranteed in Writing.

31.3 Delays caused by late artwork approval, revised instructions, supplier constraints, printing issues or circumstances outside the Company’s control shall extend the delivery period reasonably.

31.4 The Customer shall place Orders sufficiently in advance of opening dates, events, peak seasons or guest bookings.

31.5 The Company shall not be liable for a Customer’s lost booking, event or hospitality revenue arising solely from a non-guaranteed estimated completion date, subject to Applicable Law.

32. CUSTOM-BRANDED RETURNS AND CANCELLATIONS

32.1 Custom-Branded Goods are manufactured or prepared according to the Customer’s specifications and may not ordinarily be returned for change of mind.

32.2 Custom-Branded Goods may nevertheless be returned or remedied where they: 32.2.1 are defective; 32.2.2 are unsafe; 32.2.3 materially differ from the approved proof; 32.2.4 contain an error introduced by the Company; 32.2.5 are incorrectly supplied; or 32.2.6 are otherwise returnable under Applicable Law.

32.3 A complaint based solely on an error approved in the final artwork proof shall not constitute a manufacturing defect.

32.4 The Company may, depending on the circumstances, reprint, relabel, replace, credit or refund defective Custom-Branded Goods.

33. RESALE AND HOSPITALITY USE

33.1 A Business Customer shall store and handle the Goods in accordance with all label instructions.

33.2 A Business Customer may not: 33.2.1 alter the formulation; 33.2.2 refill the pouches with another substance; 33.2.3 remove mandatory information; 33.2.4 make unauthorised medical claims; 33.2.5 sell expired, contaminated or damaged Goods; 33.2.6 represent itself as the manufacturer of the formulation unless lawfully authorised; or 33.2.7 use DailyPods branding outside the scope of the agreed Order.

33.3 Where the Goods are made available to guests, the Business Customer shall ensure that the Products are appropriately displayed, stored and provided with their mandatory label information intact.

33.4 No geographic or industry exclusivity is granted unless recorded in a separate Written agreement signed by the Company.

WEBSITE, INTELLECTUAL PROPERTY AND PRIVACY

34. INTELLECTUAL PROPERTY

34.1 All Intellectual Property appearing on or associated with the Website or Goods is owned by, licensed to or lawfully used by the Company.

34.2 This includes the DailyPods™ and DailyPods Stay™ names, logos, iconography, label layouts, half-circle colour system, packaging concepts, photographs, written content, Product descriptions, graphics and website design.

34.3 No User may, without prior Written permission: 34.3.1 reproduce or copy Website content; 34.3.2 use Company photographs for commercial purposes; 34.3.3 imitate packaging or label artwork; 34.3.4 register a confusingly similar domain, business name or social media handle; 34.3.5 remove copyright or trademark notices; 34.3.6 reverse engineer a proprietary element of the Website; or 34.3.7 use Company Intellectual Property in a way that implies endorsement or affiliation.

34.4 Limited permission is granted to access and use the Website for lawful personal or internal business purchasing purposes only.

35. CUSTOMER REVIEWS AND USER CONTENT

35.1 A Customer submitting a review, photograph, testimonial, comment or other content warrants that: 35.1.1 the content is truthful; 35.1.2 it reflects a genuine experience; 35.1.3 it does not infringe third-party rights; 35.1.4 it is not defamatory, unlawful or misleading; and 35.1.5 any person identifiable in a submitted image has consented to its use.

35.2 The Customer grants the Company a non-exclusive, royalty-free licence to display and reproduce voluntarily submitted content for the operation and marketing of the business, subject to Applicable Law and any agreed restrictions.

35.3 The Company may moderate or remove content that is fraudulent, abusive, irrelevant, unlawful, promotional or contains Personal Information.

35.4 The Company shall not suppress a legitimate negative review merely because it is unfavourable.

36. ACCEPTABLE USE OF THE WEBSITE

36.1 The Website may not be used to: 36.1.1 commit fraud; 36.1.2 introduce malware or harmful code; 36.1.3 gain unauthorised access to systems or accounts; 36.1.4 scrape or harvest data unlawfully; 36.1.5 interfere with Website performance; 36.1.6 impersonate another person; 36.1.7 submit false payment or delivery information; 36.1.8 infringe Intellectual Property; or 36.1.9 conduct unlawful or abusive activity.

36.2 The Company may restrict access and report suspected unlawful activity to the relevant authorities.

37. PRIVACY AND PERSONAL INFORMATION

37.1 The Company processes Personal Information in accordance with its Privacy Policy and Applicable Law.

37.2 Personal Information may be processed for purposes including: 37.2.1 account registration; 37.2.2 processing and delivering Orders; 37.2.3 payment verification; 37.2.4 customer service; 37.2.5 fraud prevention; 37.2.6 legal compliance; 37.2.7 Product safety and recall administration; 37.2.8 DailyPods Stay quotations and custom branding; 37.2.9 marketing where lawfully permitted; and 37.2.10 improving the Website and services.

37.3 Personal Information may be shared with service providers where reasonably necessary, including payment processors, couriers, hosting providers, laboratories, manufacturers, printers and customer-support providers, subject to appropriate safeguards.

37.4 The Company’s detailed data practices, retention periods, cross-border processing arrangements and data-subject rights are described in the Privacy Policy.

37.5 POPIA establishes conditions for the lawful processing of Personal Information and regulates unsolicited electronic direct marketing.

38. DIRECT MARKETING

38.1 The Company shall send electronic direct marketing only where permitted by Applicable Law.

38.2 A person may withdraw consent or opt out using the unsubscribe facility or by contacting the Company.

38.3 The Company shall take reasonable steps to action valid opt-out requests.

38.4 Transactional communications concerning an Order, payment, delivery, safety notice or account administration are not promotional communications and may continue where necessary to perform the agreement or comply with law.

38.5 The Company shall comply with applicable POPIA and CPA requirements governing direct marketing, including consent, identification, opt-out and pre-emptive marketing objections. Electronic direct marketing is regulated by section 69 of POPIA.

39. COOKIES AND WEBSITE ANALYTICS

39.1 The Website may use essential, functional, analytical and advertising cookies.

39.2 Non-essential cookies shall be managed in accordance with the Company’s Cookie Policy and applicable consent requirements.

39.3 A User may adjust browser or cookie settings, although disabling essential functionality may affect use of the Website.

40. THIRD-PARTY LINKS AND SERVICES

40.1 The Website may contain links to Takealot, social media platforms, payment providers, couriers or other third-party services.

40.2 The Company does not control and is not responsible for independent third-party websites, content, terms, security or privacy practices.

40.3 A link does not necessarily constitute an endorsement.

LIABILITY AND GENERAL LEGAL TERMS

41. WEBSITE AVAILABILITY

41.1 The Company shall use reasonable endeavours to maintain Website availability but does not guarantee uninterrupted or error-free access.

41.2 The Website may be suspended for maintenance, security, upgrades or reasons beyond the Company’s control.

41.3 The Company may correct Website errors and update content without prior notice.

42. DISCLAIMERS

42.1 To the maximum extent permitted by law, the Website and its general informational content are supplied without any representation that access will be uninterrupted, entirely error free or suitable for every individual purpose.

42.2 No disclaimer in these Terms and Conditions shall: 42.2.1 exclude a warranty that is imposed by law; 42.2.2 exclude liability that may not lawfully be excluded; 42.2.3 remove the Customer’s right to safe and good-quality Goods; 42.2.4 exclude liability for gross negligence or wilful misconduct where prohibited; or 42.2.5 waive rights under the CPA, ECTA or other Applicable Law.

43. LIMITATION OF LIABILITY

43.1 Subject to clause 43.3 and to the maximum extent permitted by law, the Company shall not be liable for indirect, incidental, special or consequential loss that was not reasonably foreseeable when the agreement was concluded.

43.2 Where liability may lawfully be limited, the Company’s aggregate contractual liability arising from a particular Order shall not exceed the amount paid for the Goods giving rise to the claim.

43.3 Nothing in these Terms and Conditions limits liability for: 43.3.1 death or personal injury caused by unlawful negligence where such liability cannot be excluded; 43.3.2 gross negligence or wilful misconduct; 43.3.3 fraud; 43.3.4 defective or unsafe Goods to the extent liability is imposed by the CPA; 43.3.5 breach of POPIA to the extent liability is imposed by law; or 43.3.6 any other liability that may not lawfully be limited.

43.4 The Company shall not be responsible for loss resulting from the Customer’s misuse, unauthorised alteration, improper storage, use after expiry, disregard of label instructions or use contrary to the Product’s intended purpose.

44. INDEMNITY

44.1 To the extent permitted by law, a User indemnifies the Company against third-party claims arising directly from: 44.1.1 unlawful use of the Website; 44.1.2 infringement caused by Customer-supplied artwork; 44.1.3 fraudulent payment activity initiated by the User; 44.1.4 unlawful resale or relabelling of Goods; 44.1.5 unauthorised Product claims made by a Business Customer; or 44.1.6 breach of these Terms and Conditions.

44.2 This indemnity shall not apply to the extent that the claim was caused by the Company’s own breach, negligence, unlawful conduct or defective Goods.

45. FORCE MAJEURE

45.1 Neither party shall be liable for delay or failure caused by an event beyond its reasonable control, including natural disaster, fire, flood, epidemic, pandemic, civil unrest, war, terrorism, strike, transport disruption, government restriction, supplier failure, widespread power interruption, telecommunications failure or courier disruption.

45.2 The affected party shall: 45.2.1 notify the other party where reasonably practicable; 45.2.2 take reasonable steps to mitigate the effect; and 45.2.3 resume performance when reasonably possible.

45.3 If the event prevents fulfilment for an unreasonable period, either party may cancel the affected unperformed portion of the Order, subject to appropriate reimbursement for Goods and services not supplied.

46. COMPLAINTS AND DISPUTE RESOLUTION

46.1 A Customer should first submit a complaint to: Email: [INSERT] Telephone: [INSERT] Reference information required: Order number, Customer name, description of complaint and supporting documents.

46.2 The Company shall investigate complaints in good faith and seek a fair resolution.

46.3 A Consumer who is dissatisfied after completing the Company’s internal complaints process may be entitled to refer the complaint to an applicable ombud, regulator or court.

46.4 Depending on the nature of the complaint, this may include the Consumer Goods and Services Ombud or the National Consumer Commission. The CGSO operates an alternative consumer dispute-resolution scheme, and the NCC accepts complaints relating to alleged infringements of Consumer rights.

46.5 Nothing in this clause prevents a Consumer from exercising a statutory right of redress.

47. GOVERNING LAW AND JURISDICTION

47.1 These Terms and Conditions and all transactions concluded through the Website shall be governed by the laws of the Republic of South Africa.

47.2 Subject to any statutory right to approach another competent forum, the parties consent to the jurisdiction of the courts of the Republic of South Africa.

47.3 The Company may institute proceedings in the Magistrates’ Court having jurisdiction, notwithstanding that the amount claimed might otherwise exceed that court’s ordinary monetary jurisdiction, provided that this clause shall not deprive a Consumer of any mandatory procedural right.

48. ELECTRONIC COMMUNICATIONS AND NOTICES

48.1 The Customer consents to receiving contractual communications electronically.

48.2 An electronic communication shall be deemed received in accordance with Applicable Law and ordinary electronic-delivery principles.

48.3 Notices to the Company must be sent to [INSERT LEGAL NOTICE EMAIL], unless a different address is prescribed by law or recorded in a signed agreement.

48.4 The Customer must keep the Customer’s email and telephone details current.

48.5 The Company may retain electronic records of Orders, acceptances, payments, approvals and communications.

49. AMENDMENTS TO THESE TERMS

49.1 The Company may amend these Terms and Conditions prospectively to reflect changes in law, operations, technology, payment methods or Products.

49.2 The version applicable to an Order shall ordinarily be the version accepted when the Order was submitted.

49.3 A material amendment shall not retrospectively deprive a Customer of an accrued right.

49.4 The effective date shall be displayed at the beginning of the Terms and Conditions.

50. SEVERABILITY

50.1 If any provision is declared invalid, unlawful or unenforceable, that provision shall be severed or limited to the minimum extent necessary.

50.2 The remaining provisions shall continue in force.

51. NO WAIVER

51.1 A failure or delay by either party to enforce a right shall not constitute a waiver of that right.

51.2 A waiver shall be effective only if recorded in Writing.

52. ASSIGNMENT

52.1 The Customer may not transfer an Order or contractual right without the Company’s prior Written consent, except where Applicable Law permits otherwise.

52.2 The Company may transfer its rights and obligations as part of a bona fide business restructuring, sale or transfer, provided that the Customer’s statutory rights are not materially prejudiced.

53. ENTIRE AGREEMENT

53.1 These Terms and Conditions, together with the accepted Order, quotation and incorporated policies, constitute the entire agreement relating to the relevant transaction.

53.2 No representation not recorded in these documents shall be binding unless fraudulently or unlawfully made or otherwise enforceable under Applicable Law.

54. RELATIONSHIP BETWEEN THE PARTIES

54.1 Nothing in these Terms and Conditions creates a partnership, joint venture, agency, franchise, employment relationship or exclusive distribution arrangement.

54.2 A Business Customer may not bind the Company or make representations on the Company’s behalf without Written authority.

55. CONTACT DETAILS

All enquiries relating to Orders, delivery, returns, DailyPods Stay, custom branding or these Terms and Conditions must be directed to: DailyPods™ Operated by: The Family Collection of Companies (Pty) Ltd Email: hello@dailypods.co.za