Terms & Conditions

1. Introduction
1. These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of the Website.
2. These Terms and Conditions are binding and enforceable against every person that accesses or uses this.
3. The Website enables you to shop online for a range of goods including health and beauty products.
4. When you use our Website, notwithstanding your geographic location, you do so in accordance with these Terms and Conditions and provided that any
delivery address, including for returns collections, is a delivery address within the borders of the Republic of South Africa.

2. Important Notice
1. These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
2. These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –
1. may limit the risk or liability of Bracing Health Wellness and/or
2. may create risk or liability for the user; and/or
3. may compel the user to indemnify Bracing Health Wellness and/or
4. serves as an acknowledgement, by the user, of a fact.
3. Your attention is drawn to these Terms and Conditions because they are important
and should be carefully noted.
4. If there is any provision in these Terms and Conditions that you do not understand, it
is your responsibility to ask Bracing Health Wellness to explain it to you before you
accept the Terms and Conditions or continue using the Website.
5. Nothing in these Terms and Conditions is intended or must be understood to
unlawfully restrict, limit or avoid any right or obligation, as the case may be, created
for either you or Bracing Health Wellness in terms of the CPA.
6. Bracing Health Wellness permits the use of this Website subject to the Terms and
Conditions. By using this Website in any way, you shall be deemed to have accepted
all the Terms and Conditions unconditionally. You must not use this Website if you do
not agree to the Terms and Conditions.
3. Returns
1. Please refer to our Returns Policy for more information about returning products
(and related refunds, replacements or repairs). The Returns Policy is incorporated by
reference (which means that it forms part of these Terms and Conditions).
4. Conclusion of sales and availability of stock
1. Users may place orders for Goods, which Bracing Health Wellness may accept or
reject. Whether or not Bracing Health Wellness accepts an order depends on the
availability of Goods, correctness of the information relating to the Goods (including
without limitation the price) and receipt of payment or payment authorisation by
Bracing Health Wellness for the Goods.
2. NOTE: Bracing Health Wellness will indicate the acceptance of your order by
delivering the Goods to you or allowing you to collect them, and only at that point
will an agreement of sale between you and Bracing Health Wellness come into
effect (the “Sale”). This is regardless of any communication from Bracing Health
Wellness stating that your order or payment has been confirmed. Bracing Health
Wellness will indicate the rejection of your order by cancelling it and, as soon as
possible thereafter, refunding you for any amount already paid.
3. Prior to delivery or your collection of the Goods, you may cancel an order at any time
provided you do so before receiving a dispatch or delivery notice. After delivery or
your collection of the Goods, you may return the Goods only in accordance with the
Returns Policy.
4. Placing Goods in a wishlist or shopping basket without completing the purchase
cycle does not constitute an order for such Goods, and as such, Goods may be
removed from the shopping basket if stock is no longer available or the price thereof
might change without notice to you. You cannot hold Bracing Health Wellness liable
if such Goods are not available or are not available at the particular price when you
complete or attempt to complete the purchase cycle at a later stage.
5. You acknowledge that stock of all Goods on offer is limited and that pricing may
change at any time without notice to you. In the case of Goods for sale by Bracing
Health Wellness, Bracing Health Wellness will take all reasonable efforts to
monitor stock levels and ensure that when stock is no longer available, that offers
thereof are discontinued on the Website. However, we cannot guarantee the
availability of stock. When Goods are no longer available after you have placed an
order, Bracing Health Wellness will notify you and you will be entitled to a refund
of any amount already paid by you for such Goods.
6. Certain Goods may not be purchased for re-sale. Should we suspect that any such
Goods are being purchased for sale, we are entitled to cancel your order
immediately on notice to you.
5. Payment
1. We are committed to providing secure online payment facilities. All transactions are
encrypted using appropriate encryption technology.
2. Goods are for sale by Bracing Health Wellness, payment may be made for Goods via
the following methods (depending on its availability and/or your eligibility to use
such a method) –
1. debit card; where payment is made by debit card, we may require additional
information in order to authorise and/or verify the validity of payment. In
such cases we are entitled to withhold delivery until such time as the
additional information is received by us and authorisation is obtained by us
for the amounts. If we do not receive authorisation your order for the Goods
will be cancelled. You warrant that you are fully authorised to use the debit
card supplied for purposes of paying the Goods. You also warrant that your
debit card has sufficient available funds to cover all the costs incurred as a
result of the services used on the Website;
2. credit card: where payment is made by credit card, we may require
additional information in order to authorise and/or verify the validity of
payment. In such cases we are entitled to withhold delivery until such time
as the additional information is received by us and authorisation is obtained
by us for the amounts. If we do not receive authorisation your order for the
Goods will be cancelled. You warrant that you are fully authorised to use
the credit card supplied for purposes of paying the Goods. You also warrant
that your credit card has sufficient available funds to cover all the costs
incurred as a result of the services used on the Website;
3. direct bank deposit or electronic funds transfer: if you pay via direct bank
deposit or electronic funds transfer, payment must be made within 5 (five)
days of placing your order. Takealot will not accept your order if payment has
not been received;
4. Instant EFT;
3. Once you have selected your payment method (save for cash on delivery or direct
bank deposit), you will be directed to a link to a secure site for payment of the
applicable purchase price for the Goods.
6. Delivery of goods
1. Bracing Health Wellness offers 2 (two) methods of delivery of Goods to you. You may
elect delivery via:
1. courier; or
2. self-collection.
2. Our delivery charges are subject to change at any time, without prior notice to you.
You will see the applicable delivery charges in your cart when you check out.
3. Where it accepts your order, Bracing Health Wellness will deliver the Goods to you as
soon as reasonably possible, but no later than 30 (thirty) days of receipt of your
payment (“Delivery Period”). We will notify you if we are unable to deliver the Goods
during the Delivery Period. You may then, within 7 (seven) days of receiving such
notification elect whether or not to cancel your order for the Goods. If you elect to
cancel your order, we will reimburse you for the purchase price.
4. Bracing Health Wellness’s obligation to deliver a product to you is fulfilled when we
deliver the product to the physical address nominated by you for delivery of the
order. Bracing Health Wellness is not responsible for any loss or unauthorised use
of a product, after it has delivered the product to the physical address nominated
by you.
7. Errors
1. We shall take all reasonable efforts to accurately reflect the description,
availability, purchase price and delivery charges of Goods on the Website.
However, should there be any errors of whatsoever nature on the Website (which
are not due to our gross negligence), we shall not be liable for any loss, claim or
expense relating to a transaction based on any error, save – in the case of any
incorrect purchase price – to the extent of refunding you for any amount already
paid, or otherwise as set out in the Returns Policy.
2. Bracing Health Wellness shall not be bound by any incorrect information regarding
our Goods displayed on any third party websites.
8. Privacy policy
1. We respect your privacy and will take all reasonable measures to protect it, as more
fully detailed in our Privacy Policy, which is incorporated by reference.
9. Changes to these Terms and Conditions
1. Bracing Health Wellness may, in its sole discretion, change any of these Terms and
Conditions at any time. It is your responsibility to regularly check these Terms and
Conditions and make sure that you are satisfied with the changes. Should you not be
satisfied, you must not place any further orders on, or in any other way use, the
Website.
2. Any such change will only apply to your use of this Website after the change is
displayed on the Website. If you use the Website after such amended Terms and
Conditions have been displayed on the Website, you will be deemed to have
accepted such changes.
10. Electronic communications
1. When you visit the Website or send emails to us, you consent to receiving
communications from us or any of our divisions electronically in accordance with our
privacy policy as set out in clause 15 above.
11. Ownership and copyright
1. The contents of the Website, including any material, information, data, software,
icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade
names, logos, trade-marks, designs and service marks which are displayed on or
incorporated in this Website (“Website Content”) are protected by law, including but
not limited to copyright and trade mark law. The Website Content is the property of
Bracing Health Wellness, and/or is licensed to Bracing Health Wellness.
2. You will not acquire any right, title or interest in or to the Website or the Website
Content.
3. Any use, distribution or reproduction of the Website Content is prohibited unless
expressly authorised in terms of these Terms and Conditions or otherwise provided
for in law.
12. Disclaimer
1. The use of the Website is entirely at your own risk and you assume full
responsibility for any risk or loss resulting from use of the Website or reliance on
any information on the Website.
2. Whilst Bracing Health Wellness takes reasonable measures to ensure that the
content of the Website is accurate and complete, Bracing Health Wellness makes no
representations or warranties, whether express or implied, as to the quality,
timeliness, operation, integrity, availability or functionality of the Website or as to
the accuracy, completeness or reliability of any information on the Website. If any
such representations or warranties are made by Bracing Health Wellness’s
representatives, Bracing Health Wellness shall not be bound thereby.
3. Bracing Health Wellness disclaims liability for any damage, loss or expenses,
whether direct, indirect or consequential in nature, arising out of or in connection
with your access to or use of the Website and/or any content therein unless
otherwise provided by law.
4. Although Goods sold from the Website may, under certain specifically defined
circumstances, be under warranty, the Website itself and all information provided
on the Website is provided “as is” without warranty of any kind, either express or
implied, including, but not limited to, the implied warranties of merchantability,
fitness for a particular purpose, completeness, or non-infringement, as may be
allowed in law.
5. In addition to the disclaimers contained elsewhere in these Terms and Conditions,
Bracing Health Wellness also makes no warranty or representation, whether
express or implied, that the information or files available on the Website are free
of viruses, spyware, malware, trojans, destructive materials or any other data or
code which is able to corrupt, destroy, compromise, disrupt, disable, harm,
jeopardise or otherwise impede in any manner the operation, stability, security
functionality or content of your computer system, computer network, hardware or
software in any way. You accept all risk associated with the existence of such
viruses, destructive materials or any other data or code which is able to corrupt,
compromise, jeopardise, disrupt, disable, harm or otherwise impede in any
manner the operation or content of a computer system, computer network, any
handset or mobile device, or your hardware or software, save where such risks
arise due to the gross negligence or wilful misconduct of Takealot, its employees,
agents or authorised representatives. Takealot thus disclaims all liability for any
damage, loss or liability of any nature whatsoever arising out of or in in connection
with your access to or use of the Website.
13. Limitation of liability
1. BRACING HEALTH WELLNESS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT
ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT
CONTAINED IN THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR
UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD PARTY
WEBSITE.
2. YOU HEREBY INDEMNIFY BRACING HEALTH WELLNESS AGAINST ANY LOSS, CLAIM
OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY
ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED
THIRD PARTY WEBSITE.
14. Availability and termination
1. We will use reasonable endeavours to maintain the availability of the Website,
except during scheduled maintenance periods, and are entitled to discontinue
providing the Website or any part thereof with or without notice to you.
2. Bracing Health Wellness may in its sole discretion terminate, suspend and modify
this Website, with or without notice to you. You agree that Bracing Health
Wellness will not be liable to you in the event that it chooses to suspend, modify
or terminate this Website other than for processing any orders made by you prior
to such time, to the extent possible.
3. If you fail to comply with your obligations under these Terms and Conditions,
including any incident involving payment of the price of an order for any Goods,
this may (in our sole discretion with or without notice to you) lead to a suspension
and/or termination of your access to the Website without any prejudice to any
claims for damages or otherwise that we may have against you.
15. Governing law and jurisdiction
1. These Terms and Conditions and our relationship and/or any dispute arising from or
in connection with these Terms and Conditions shall be governed and interpreted in
accordance with the laws of the Republic of South Africa. Your continued use of the
Website will constitute your consent and submission to the jurisdiction of the South
African courts regarding all proceedings, transactions, applications or the like
instituted by either party against the other, arising from any of these Terms and
Conditions.
2. In the event of any dispute arising between you and Bracing Health Wellness for the
Sale of goods, you agree that the Sale occurs in Pretoria and you hereby consent to
the non-exclusive jurisdiction of the High Court of the Republic of South Africa
notwithstanding that the quantum in the action or proceedings may otherwise fall
below the monetary jurisdiction of that court.
3. Nothing in this clause 23 or the Terms and Conditions limits your right to approach
any court, tribunal or forum of competent jurisdiction in terms of the CPA.
16. Notices
1. Bracing Health Wellness hereby selects Unit 15B, Eco Square, 298 Witch Hazel Street,
Highveld, Centurion, as its address for the service of all formal notices and legal
processes in connection with these Terms and Conditions (“legal address”). Bracing
Health Wellness may change this address from time to time by updating these Terms
and Conditions.
2. You hereby select the delivery address specified with your order as your legal
address, but you may change it to any other physical address by giving Bracing
Health Wellness not less than 7 days’ notice in writing.
3. Notices must be sent either by hand, prepaid registered post, or email and must be
in English. All notices sent –
1. by hand will be deemed to have been received on the date of delivery;
2. by prepaid registered post, will be deemed to have been received 10 days
after the date of posting;
3. by email will be deemed to have been on the date indicated in the “Read
Receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND
US MUST MAKE USE OF THE “READ RECEIPT” FUNCTION to serve as proof
that an email has been received.
17. Complaints
1. If you have a complaint about the goods or services provided by us or require
information regarding our internal complaints-handling process, please get in touch
with us via our telephone number on 012 940 5372, or our WhatsApp Line on
081 842 3751 .
2. If we are unable to resolve your complaint to your satisfaction or we cannot resolve
your complaint within 15 (fifteen) business days of you having notified us of it, you
can approach the Consumer Goods and Services Ombud (“CGSO”) to assist in
resolving the complaint. The CGSO’s contact details
are: Website: http://www.cgso.org.za/ Sharecall: 0860 000 272
Email: complaints@cgso.org.za
18. Information
1. For the purposes of the ECT Act, Bracing Health Wellness’s information is as follows,
which should be read in conjunction with its product descriptions and other terms
and conditions contained on the Website:
1. Full name: Bracing Health Wellness (Pty) Ltd, a private company registered in
South Africa with registration number 2018/567295/07
2. Main business: Online retailer and Manufacturer
3. Physical address for receipt of legal service (also postal and street address):
Unit 15B, Eco Square, 298 Witch Hazel Street, Highveld, Centurion, 0157
4. Phone number: +27 12 940 5372
5. Email address: orders@bracinghealth.co.za
19. General
1. Bracing Health Wellness may, in its sole discretion, at any time and for any reason
and without prior written notice, suspend or terminate the operation of the Website
or the user’s right to use the Website or any of its contents subject to us processing
any orders then already made by you.
1. You may not cede, assign or otherwise transfer your rights and obligations in
terms of these Terms and Conditions to any third party.
2. Any failure on the part of you or Bracing Health Wellness to enforce any right
in terms hereof shall not constitute a waiver of that right.
3. If any term or condition contained herein is declared invalid, the remaining
terms and conditions will remain in full force and effect.
4. No variation, addition, deletion, or agreed cancellation of the Terms and
Conditions will be of any force or effect unless in writing and accepted by or
on behalf of the parties hereto.
5. No indulgence, extension of time, relaxation or latitude which any party (the
“grantor”) may show grant or allow to the other (the “grantee”) shall
constitute a waiver by the grantor of any of the grantor’s rights and the
grantor shall not thereby be prejudiced or stopped from exercising any of its
rights against the grantee which may have arisen in the past or which might
arise in the future.
6. These Terms and Conditions contain the whole agreement between you and
Takealot and no other warranty or undertaking is valid, unless contained in
this document between the parties.