TERMS OF SERVICE

OVERVIEW

Welcome to Immortal Flair. The terms “we”, “us” and “our” refer to Immortal Flair, a South African business operated as a sole proprietorship.

Immortal Flair operates this website and online store, including all related information, content, features, tools, products and services (the “Services”), to provide you with a curated online shopping experience. Our store is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with any policies referenced herein (including our Privacy Policy and Refund Policy) (“Terms”), set out your rights and responsibilities when using our Services.

Please read these Terms carefully, as they contain important information regarding your legal rights, including limitations of liability, disclaimers, and dispute resolution.

By accessing, browsing, interacting with, or purchasing from our Services, you agree to be bound by these Terms and our Privacy Policy [LINK]. If you do not agree, you may not use our Services.

SECTION 1 – ACCESS AND ACCOUNT

By using our Services, you confirm that you are at least 18 years old, or have the consent of a parent or legal guardian if you are under 18.

To use certain features of the Services, including placing an order, you may be required to provide personal information such as your name, email address, billing address, payment details, and delivery address. You warrant that all information provided is accurate, current, and complete.

You are responsible for maintaining the confidentiality of your account details and for all activities conducted under your account. You may not transfer, sell, or assign your account to another person.

SECTION 2 – OUR PRODUCTS

We make every reasonable effort to ensure that product descriptions, images, and pricing are accurate. However, product colours and appearance may vary depending on your device, screen, or display settings.

Product images are for illustrative purposes only and may differ slightly from the actual product. To the extent permitted by the Consumer Protection Act 68 of 2008 (“CPA”), we do not guarantee that products will meet individual expectations beyond what is reasonably described.

All product descriptions, availability, and pricing are subject to change at any time without notice.

SECTION 3 – ORDERS

Placing an order constitutes an offer to purchase. We reserve the right to accept or reject any order at our discretion.

An order is only accepted once payment has been successfully processed and you receive confirmation from us. We reserve the right to cancel orders due to stock availability, pricing errors, suspected fraud, or incorrect information.

Returns and exchanges are governed strictly by our Refund Policy [LINK], in line with the CPA.

All purchases are intended for personal use only and not for resale.

SECTION 4 – PRICES AND BILLING

All prices are listed in South African Rand (ZAR) and are subject to change without notice.

Unless otherwise stated, prices exclude delivery fees, which are calculated at checkout. Prices may differ from promotions or offers communicated elsewhere.

You agree to provide accurate and up-to-date payment and billing information. You warrant that you are authorised to use the payment method provided.

SECTION 5 – SHIPPING AND DELIVERY

Delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by courier services, incorrect address details, or circumstances beyond our control.

Risk of loss passes to you once the order has been handed over to the courier.

Shipping terms are governed by our Shipping Policy [LINK].

SECTION 6 – INTELLECTUAL PROPERTY

All content on this website, including text, images, logos, graphics, product designs, and branding, is owned by or licensed to Immortal Flair and is protected under South African intellectual property laws.

You may not copy, reproduce, distribute, modify, or use any content for commercial purposes without our prior written consent.

SECTION 7 – OPTIONAL THIRD-PARTY TOOLS

We may provide access to third-party tools or services “as is” and “as available”. We have no control over, and assume no responsibility for, third-party tools or services.

Use of such tools is entirely at your own risk.

SECTION 8 – THIRD-PARTY LINKS

Our Services may contain links to third-party websites. We are not responsible for the content, accuracy, or practices of any third-party websites.

Accessing third-party websites is done at your own risk.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

Immortal Flair is powered by Shopify. However, all purchases made through this store are transactions solely between you and Immortal Flair.

Shopify is not responsible for any aspect of sales, delivery, or disputes related to your purchase.

SECTION 10 – PRIVACY POLICY

Your personal information is processed in accordance with our Privacy Policy [LINK] and the Protection of Personal Information Act 4 of 2013 (POPIA).

By using our Services, you consent to the collection and processing of your personal information as described in our Privacy Policy.

SECTION 11 – FEEDBACK

Any reviews, comments, or feedback you submit may be used by us for marketing or operational purposes without compensation, provided such use complies with applicable law.

SECTION 12 – ERRORS AND OMISSIONS

We reserve the right to correct any errors, inaccuracies, or omissions relating to product descriptions, pricing, or availability at any time.

SECTION 13 – PROHIBITED USE

You may not use the Services for any unlawful purpose or in violation of South African law, including but not limited to infringement of intellectual property rights, harassment, fraud, or the transmission of malicious code.

SECTION 14 – TERMINATION

We may suspend or terminate your access to the Services at our discretion. Any obligations incurred prior to termination will remain enforceable.

SECTION 15 – DISCLAIMER OF WARRANTIES

To the extent permitted by South African law, the Services and products are provided “as is” and “as available”.

Nothing in these Terms limits your statutory rights under the Consumer Protection Act.

SECTION 16 – LIMITATION OF LIABILITY

To the fullest extent permitted by South African law, Immortal Flair shall not be liable for indirect, incidental, or consequential damages arising from your use of the Services or products.

SECTION 17 – INDEMNIFICATION

You agree to indemnify and hold Immortal Flair harmless from any claims arising from your breach of these Terms or misuse of the Services.

SECTION 18 – SEVERABILITY

If any provision is found unenforceable, the remaining provisions will remain in full force and effect.

SECTION 19 – ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and Immortal Flair.

SECTION 20 – ASSIGNMENT

You may not assign your rights under these Terms without our consent.

SECTION 21 – GOVERNING LAW

These Terms are governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes shall be subject to the jurisdiction of South African courts.

SECTION 22 – CHANGES TO TERMS

We may update these Terms from time to time. Continued use of the Services constitutes acceptance of any changes.

SECTION 23 – CONTACT INFORMATION

For questions regarding these Terms, please contact:

Trading Name: Immortal Flair
Email: admin@immortalflair.co.za
Business Address: 1 Estelle Road, Paulshof