of Use Agreement - Last Updated (January, 2024)
Table of Contents
and Stock Availability
Content and Conduct
8. Deliveries and
Trademarks and other Intellectual Property
Agreement ("Agreement") sets forth the agreement between
Pierre@EcoHealth PTY LTD, a company incorporated under the laws of South
Africa, with its main offices at Jakarandastreet 59, registered at the Chamber
of Commerce under No. 2014/265835/07 (collectively, “Pierre@EcoHealth”, “we”,
or “us” , and each user ("user", "your" or
"you"). This Agreement governs your use of the Pierre@EcoHealth
Online Shop, Please read this Agreement carefully and fully before using the
Site, or disclosing to us any personal information.
using the Site, or disclosing to us any personal information: (i) you agree
that you have read and understood the terms of this Agreement, (ii) you accept
and agree to be bound by the terms of this Agreement, and (iii) you accept and
agree to abide by all laws and regulations applicable to the subject matter of
YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR OTHERWISE USE
THE SITE OR DISCLOSE TO US ANY PERSONAL INFORMATION.
terms in this Agreement may change periodically and may be revised at any time
and from time to time at our sole discretion by updating this posting. You
should visit this page from time to time to review the then current terms of
use because they are binding on you. Your continued use of the Site means that
you accept any changes or modifications to this Agreement. If any modification
is unacceptable to you, your only recourse is to terminate this Agreement by
contacting Customer Service. Certain
provisions of the terms contained in this Agreement may be superseded by legal
notices or terms located on particular pages of the Site.
OF LOSS/TITLE TRANSFER:
purchases of products are made pursuant to the respective INCOTERMS designated
upon order placement. Title for any products purchased by you will transfer
upon our delivery to the carrier.
- Code of Conduct
of Conduct is included in this Agreement. Customers, vendors, visitors to the
Site, and stakeholders are expected to comply with the Code of Conduct.
- Not Healthcare Advice
Site is not intended to provide diagnosis, treatment or medical advice.
Products, services, information and other content provided on the Site,
including information that may be provided on the Site directly or by linking
to third-party websites are provided for informational purposes only. Please
consult with a physician or other healthcare professional regarding any medical
or health related diagnosis or treatment options.
provided on the Site and linked websites, including information relating to
medical and health conditions, treatments and products may be provided in
summary form. Information on the Site including any product label or packaging
should not be considered as a substitute for advice from a healthcare
professional. The Site does not recommend self-management of health issues.
Information on the Site is not comprehensive and does not cover all diseases,
ailments, physical conditions or their treatment. Contact your healthcare
professional promptly should you have any health related questions. Never
disregard or delay medical advice based upon information you may have read on
to or access from any third party websites or resources is not an endorsement
of any information, product or service. We are not responsible for the content
or performance of any third party websites. Use of any third party websites is
at your own risk.
should not use the information or services on the Site to diagnose or treat any
health issues or for prescription of any medication or other treatment. You
should always consult with your healthcare professional and read information
provided by the product manufacturer and any product label or packaging, prior
to using any medication, nutritional, herbal or homeopathic product or before
beginning any exercise or diet program or starting any treatment for a health
issue. Individuals are different and may react differently to different
products. You should consult your physician about interactions between
medications you are taking and nutritional supplements. Comments made in any
forums on the Site by employees or Site users are strictly their own personal
views made in their own personal capacity and are not claims made by us or do
they represent our positions or views. Product ratings by any current or
previous employees or Site users are strictly their own personal views made in
their own personal capacity and are not intended as a substitute for
appropriate medical care or advice from a healthcare professional. We are not
liable for any information provided on the Site with regard to recommendations
regarding supplements for any health purposes.
check the product label or packaging prior to using any product. If there are
discrepancies, customers should follow the information provided on the product
label or packaging. You should contact the manufacturer directly for
clarification as to product labeling and packaging details and recommended use.
- Purchases and Stock Availability
4.1 You will be required to provide certain information, in
order to purchase Products that are displayed on our website, which may
website to view how we process and use your personal information.
Use of our website confirms your understanding and acceptance of these Terms
and Conditions, and you will be bound by these T&C’s during all
transactions relating to the purchase of Products from our website.
Prices displayed on our website are subject to change without notice. Prices
will include tax, where this is required by specific country legislation.
Orders placed may be declined or cancelled in the event of Products being out
of stock, damaged Products, incorrect Product information, incorrectly
displayed prices, and due to payment for Products not being received or
payments not being authorized by Pierre@Ecohealth. In this circumstance, if an
order has been cancelled where credit card has been the method of payment the
amount will automatically be refunded back to the credit card.
We will notify you as soon as we can if any Items Ordered are not available
(this may take a few days, depending on the delivery and payment method
Once you have selected your payment method, you will be directed to a link to a
secure site for payment of the applicable purchase price for the Goods.
reserves the right to prohibit purchases of any merchandise to resellers/
depots. Resellers/Depots are defined as a company or an individual that
purchases goods with the intention of selling them rather than using them.
Pierre@EcoHealth does not support sales tax exemption requests for
businesses or resellers.
- Usage & Termination
using our Site you represent and agree that you are at least eighteen (18)
years of age or older and are fully able and competent to agree to the terms in
this Agreement or any Program terms and conditions. If you are under the age of
18, you are not permitted to use this Site..
5.1 Account Setup & Use
are required to establish an account on the Site in order to use certain
features, such as making a purchase. You agree to provide accurate, true,
complete and current information about yourself as prompted by the Site and to
promptly update such information to maintain accurate, true, complete and
current information. If you provide any inaccurate, false, incomplete or
outdated information or we in our sole discretion suspect that such information
is inaccurate, false, incomplete or outdated, we reserve the right to suspend
or terminate your account and prohibit any and all current or future use of the
Site or any portion thereof by you. During the registration process you will
create a username and password. You are responsible for the confidentiality of
your account and password and are fully responsible for all activities that
occur under your account or password. You agree to immediately notify us of any
unauthorized use of your account or password or any other security breach and
to ensure that you exit from your account at the end of each session. You agree
to be responsible for all charges resulting from the use of your account on the
Site including charges resulting from unauthorized use of your account. We are
not liable for any loss or damage resulting from your failure to comply with
Use of the site
agree to use the Site for lawful purposes and that you are responsible for your
use of and communications on the Site. You agree not to post on or transmit
through the Site any unlawful, infringing, defamatory, obscene, indecent,
threatening, offensive or otherwise objectionable material of any kind
including any material that encourages illegal conduct or conduct that would
encourage civil liability, infringe on other's intellectual property rights or
otherwise violates any applicable local, state, national or international law.
You agree not to use the Site in a manner that would interfere with normal
operation or infringe on any others use of the Site.
agree not to access the Site by any means other than the interface we provide.
Displaying or running the Site or any information or material displayed on the
Site in frames or through similar means on another website without our prior
authorization is prohibited. Any permitted links to the Site must comply with
all applicable laws, rules and regulations.
Termination or Suspension
of the Agreement
Agreement is effective until terminated by either us or you. We, in our sole
discretion, may suspend or terminate this Agreement at any time without notice
and deny you access to the Site or any portion of it. You may terminate this
Agreement at any time by contacting Customer Service and
discontinuing all use of the Site. Upon termination by us or you, you must
destroy all materials obtained from the Site including all copies of such
otherwise. We reserve the right to modify or discontinue, temporarily or
permanently, the Site or any portion of it with notice to you.
reserve the right to terminate any account if your order is deemed fraudulent
or credit card charges are disputed. You agree that we may terminate or suspend
your access to all or part of the Site, with or without notice, for any conduct
that we, in our sole discretion, believe is in violation of any part of this
Agreement, laws or regulations or is harmful to another user or us or our
following shall survive any termination of the Agreement either by us or you;
Privacy, Liability Disclaimer, Severability; Interpretation, and Miscellaneous.
respect to items sold by Pierre@EcoHealth, we cannot confirm the price of an
item until you order. Despite our best efforts, a small number of the items in
our catalog may be mispriced. Subject to applicable law, if the correct price
of an item sold by Pierre@EcoHealth is higher than our stated price, we will,
at our discretion, either contact you for instructions before shipping or
cancel your order and notify you of such cancellation.
- User Content and Conduct
Generate Content, including product reviews, solely reflect the views and
opinions expressed by the contributor and not those of Pierre@EcoHealth.
Pierre@EcoHealth does not verify or endorse any claims made in
reviews. Statements regarding dietary supplements have not been evaluated by
the SAHPRA and are not intended to diagnose, treat, cure, or prevent any
disease or health condition.
8. DELIVERY AND RETURNS
8.1.1 Due to the nature of Product, delivery options may differ per
division and product, and not all delivery options are available for all items
fees vary depending on your selected delivery option and Items ordered. Costs
differ per products order and are calculated per item and in accordance with
the location of your delivery address. The delivery fee will be displayed
during the ordering checkout process, but before checkout has been finalized.
8.1.3 We will
notify you via email as to the process of your Order.
delivery or collection of your Order a delivery/collection note will be issued
for signature, reflecting the Items that are being delivered or collected,
delivery fees, Value-Added Tax and the amount paid.
8.1.5 You should
always check that the Items being collected or delivered are correct and are
free from any defects. Should the packaging be damaged and you accept the Order
without fully inspecting the Items you should add a note on the delivery note
stipulating that the packaging was damaged, or items were not inspected. Where
there is an issue with the Items detected after acceptance of the Order, you
should notify our Call Centre without delay in order for us to be aware of any
issues with the Items and in order for arrangements to be made for the items to
be returned and refunded.
reasonable care shall be taken, we cannot accept responsibility for incorrect
delivery details that have been provided to us, or if an unauthorised person at
your chosen delivery address accepts delivery of your Order, as we do not
verify the identity of the person at the delivery address who signs the
8.1.7 In the event
that you do not collect an Order at your chosen store, reminders will be sent
to your e-mail to collect your Order. If you do not collect your Order within
10 (ten one) Working days, your Order will be cancelled.
8.1.8 For purposes
of this clause “we, us, our” shall include any agent or independent contractors
who may be responsible for delivery on behalf of us which shall also include a
8.2.1 Should you
not be satisfied with any Item/s purchased on our website, you may return for
refund, credit or exchange unused Items in a saleable condition within 30
(thirty) calendar days, either directly to one of the stores from the division
which you purchased your Items from, subject to producing proof of purchase
(invoice or delivery note. Returns may be conditional upon you submitting
photographic proof of the quality issue or defectiveness of the Product before
we will approve the refund.
Please refer to our online Delivery and Returns Policy in our FAQs for further
details, which are incorporated into these T&Cs by reference.Privacy
agreeing and adhering to the terms of this Agreement, You also confirm that You
- Consent to Communications
consent to receive Whatsapp messages (including text messages) from us to the
specific number(s) you have provided to us with information or questions about
your account and/or orders.
certify, warrant and represent that the telephone number you have provided to
us is your contact number and not someone else's. You represent that you are
permitted to receive calls and text messages at the telephone number you have
provided to us. You agree to promptly alert us whenever you stop using a
telephone number. Pierre@EcoHealth may use such means of communication
described in this section even if you will incur costs to receive such
messages, text messages, e-mails or other means, which may occur.
- Liability Disclaimer
AGREE THAT THE USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND THE MATERIALS
CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED FOR IN THIS
AGREEMENT. PIERRE@ECOHEALTH AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES
AND OTHER REPRESENTATIVES, SUCCESSORS AND ASSIGNS OF ANY OF THEM (COLLECTIVELY,
"PIERRE@ECOHEALTH ENTITIES") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, THE PIERRE@ECOHEALTH ENTITIES EXPRESSLY DISCLAIM
ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS ATTRIBUTABLE TO NORMAL
WEAR, PRODUCT MISUSE OR MODIFICATION, ABUSE, INCORRECT PRODUCT SELECTION AND
NOT FOLLOWING PRINTED DIRECTIONS.
ENTITIES MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, THE SITE
WILL BE TIMELY, SECURE, ERROR FREE OR UNINTERRUPTED, THE RESULTS OBTAINED FROM
THE SITE OR FROM WILL BE ACCURATE OR RELIABLE, THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL
MEET YOUR EXPECTATIONS AND ANY SITE ERRORS WILL BE CORRECTED. PIERRE@ECOHEALTH
DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITE ARE ACCURATE,
COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. PIERRE@ECOHEALTH IS NOT RESPONSIBLE
FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, PRODUCT
DESCRIPTIONS, TEXT OR PHOTOGRAPHY. ANY MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE SITE IS DONE AT YOUR OWN RISK AND YOU ARE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF ANY MATERIAL. NO INFORMATION OBTAINED BY YOU FROM
PIERRE@ECOHEALTH ENTITIES, THROUGH THE SITE SHALL CREATE ANY WARRANTY RELATING
TO THE SITE OR SUCH PROGRAM NOT EXPRESSLY STATED IN THIS AGREEMENT.
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
PIERRE@ECOHEALTH ENTITIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS,
LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE
GOODS, SERVICES OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON
BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT
LIABILITY OR OTHERWISE, EVEN IF PIERRE@ECOHEALTH ENTITIES ARE ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE
FUNDAMENTAL ELEMENTS OF THE BASIS OF THE ARRANGEMENT BETWEEN PIERRE@ECOHEALTH
AND YOU. THE PRODUCTS, INFORMATION AND SERVICES OFFERED ON AND THROUGH THE SITE
WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. SUBJECT TO THE FOREGOING, TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (I) IF YOU ARE A CUSTOMER, THE
MAXIMUM LIABILITY OF PIERRE@ECOHEALTH ENTITIES SHALL BE LIMITED TO THE AMOUNT
PAID BY YOU FOR ANY PRODUCT, INFORMATION OR SERVICE PURCHASED BY YOU FROM
PIERRE@ECOHEALTH ON THE SITE.
YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR WITH ANY OF THE TERMS OF
USE CONTAINED IN THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE SITE. THESE DISCLAIMERS AND LIMITATIONS DO NOT APPLY TO
LIABILITY RESULTING FROM INTENTIONAL OR RECKLESS CONDUCT, GROSS NEGLIGENCE,
STRICT LIABILITY, NEGLIGENCE, OR VIOLATION OF A STATUTORILY IMPOSED DUTY ON THE
PART OF PIERRE@ECOHEALTH.
MAKE NO GUARANTEE OR WARRANTY WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD. WE
ARE NOT RESPONSIBLE FOR ANY DAMAGES FOR INFORMATION, PRODUCTS, OR SERVICES
PROVIDED BY THIRD PARTIES. THIS LIMITATION OF LIABILITY DOES NOT APPLY TO
LIABILITY DUE TO INTENTIONAL OR RECKLESS CONDUCT, GROSS NEGLIGENCE, STRICT
LIABILITY, NEGLIGENCE OR VIOLATION OF A STATUTORILY IMPOSED DUTY ON THE PART OF
agree to indemnify, defend and hold harmless Pierre@EcoHealth from and against
all losses, expenses, costs and damages including attorney's fees resulting
from your use or inability to use the Site, products or services purchased or
obtained by You in connection with the Site, any Site postings or activity
related to your account made by You or another person, Your violation of any
terms of this Agreement, Your violation of any rights of a third party, or Your
violation of any applicable laws, rules or regulations. You agree to cooperate
as fully as reasonably required in the defense of any such claim. We reserve
the right to assume the exclusive defense and control of any matter subject to
indemnification by you pursuant to his section, in which event you will still
be required to indemnify us for the attorneys’ fees and expenses in addition to
any losses, claims, damages and liabilities incurred by us as a result of this
claim. You shall not in any event settle any matter without prior written consent
- Copyright, Trademarks and other
acknowledge that this Site and all materials on the Site including without
limitation the Site’s or Programs design, text, graphics, sounds, pictures,
software and other files, its look and feel, and the selection and arrangement
thereof, (collectively, "Materials"), are our property and are
subject to and protected international copyright or other intellectual property
laws and rights. The trademarks, service marks, trade dress, trade names, and
logos contained on the Site, including without limitation trademarks registered
in South Africa Pierre@EcoHealth®, are the sole property of Pierre@EcoHealth or
its affiliates. In addition all page headers, custom graphics and custom icons
are Marks of Pierre@EcoHealth. Pierre@EcoHealth grants you a limited, non-exclusive,
non-transferable, non-sublicensable, revocable license to access and use the
Materials and Marks only in the manner permitted by Pierre@EcoHealth for your
personal and non-commercial use only (the “License”). You agree not to copy,
modify, use, distribute, transmit, republish, sell, resell or exploit, for any
purpose, any portion of the Site, Materials or Marks other than as expressly
authorized by Pierre@EcoHealth in writing. This License remains in effect until
this Agreement is terminated by either you or us in accordance with this
Agreement. Any unauthorized use of the Materials or Marks shall be grounds for
termination of the License. All rights not expressly granted herein are
reserved by Pierre@EcoHealth and its licensors. Other copyrights, trademarks,
product names, company names, logos or intellectual property are the property
of the respective owners with all rights reserved.Site references to third
parties or their copyrights, trademarks or other intellectual property do not
constitute or imply affiliation with, endorsement, or recommendation of
Pierre@EcoHealth by the respective trademark owners, or by Pierre@EcoHealth of
the respective trademark owners.
Agreement constitutes the only Agreement between us and you with respect to the
subject matter of this Agreement. This Agreement supersedes all prior or
contemporaneous Agreements, representations, warranties and understandings,
written or oral, with respect to the subject matter of this Agreement.
- Severability; Interpretation
any provision of this Agreement is deemed void, unlawful, or otherwise
unenforceable for any reason, that provision will be severed from this
Agreement and the remainder of this Agreement will remain in force. When used
in this Agreement, the term "including" will be deemed to be followed
by the words "without limitation".
may not assign this Agreement, by operation of law or otherwise, without our
prior written consent. Subject to that restriction, this Agreement will be
binding on, inure to the benefit of and be enforceable against the parties and
their respective successors and assigns.
failure of Pierre@EcoHealth to enforce your strict performance of any term of
this Agreement will not constitute a waiver of such term and will not be
considered a waiver or limit that party's right thereafter to insist upon
strict adherence to that term or any other term of this Agreement. You agree
that regardless of any statute or law to the contrary, any claim or cause of
action arising from or relating to the use of the Site or this Agreement must
be filed within one (1) year after such claim or cause of action arose or such
claim or cause of action will be permanently barred. The "Liability
Disclaimer" provisions of this Agreement are for the benefit of
Pierre@EcoHealth Entities as defined herein, and each of these individuals or
entities shall have the right to assert and enforce these provisions directly
against your on its own behalf.
- Contact Us:
you have any questions about this Agreement, contact our Customer Service.