TERMS OF SERVICE

OVERVIEW

Welcome to Optimistic Beauty Essentials. The terms "we", "us" and "our" refer to Optimistic Beauty Essentials. Optimistic Beauty Essentials operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated online shopping experience (the "Services").

Our store is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with any policies referenced in these Terms (collectively, the "Terms"), describe your rights and responsibilities when you use our Services.

Please read these Terms of Service carefully, as they contain important information about your legal rights and responsibilities, including provisions relating to orders, payments, returns, warranties, limitations of liability and use of our Services.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or our Privacy Policy, you should not use or access our Services.

SECTION 1 — ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you confirm that you are legally capable of entering into a binding agreement under applicable law.

To use certain Services, including purchasing products from our online store, you may be asked to provide certain information, such as your email address, billing, payment and shipping information.

You represent and warrant that all information you provide to us is accurate, current and complete and that you have the necessary rights and authority to provide such information.

You are responsible for maintaining the security of your account credentials and for all activity associated with your account.

You may not transfer, sell, assign or license your account to another person without our prior written consent.

SECTION 2 — OUR PRODUCTS

We make reasonable efforts to ensure that the products, descriptions, images and information displayed on our online store are accurate.

However, colours, textures and product appearance may differ from how they appear on your screen depending on your device, display settings and other technical factors.

We do not guarantee that the appearance of a product displayed on your device will be identical to the physical product received.

Product descriptions, specifications, availability and pricing may be changed or updated at any time without notice.

We reserve the right to discontinue products and to limit quantities available for purchase where reasonably necessary.

SECTION 3 — ORDERS

When you place an order through our online store, you are making an offer to purchase the products selected by you.

An order is subject to our acceptance and successful processing of payment.

We reserve the right to refuse, cancel or limit an order where reasonably necessary, including where:

• a product is unavailable;

• there is an error in the product description or pricing;

• we suspect fraudulent or unauthorised activity;

• payment cannot be processed;

• there are shipping or fulfilment limitations; or

• we are otherwise unable to fulfil the order.

If we cancel or make a change to an order, we will make reasonable efforts to notify you using the contact information provided when the order was placed.

Please review your order carefully before submitting it, as cancellation requests may not be possible after an order has entered processing or fulfilment.

Returns and refunds are subject to our Return & Refund Policy.

You agree that products purchased from our store are for personal or household use and are not intended for unauthorised commercial resale.

SECTION 4 — PRICES AND BILLING

All prices displayed on our online store are subject to change without notice.

The price applicable to your purchase will generally be the price displayed at the time you place your order, subject to any obvious pricing or technical errors.

Shipping charges and other applicable charges will be displayed during the checkout process where applicable.

Promotions, discounts and special offers may be subject to additional terms and conditions.

You agree to provide accurate, complete and current payment, billing, shipping and contact information for all purchases made through our store.

You are responsible for ensuring that the payment method used for your purchase is authorised for your use.

SECTION 5 — SHIPPING AND DELIVERY

Delivery times displayed on our store are estimates and may vary depending on the delivery destination, courier availability, order processing and circumstances outside our reasonable control.

We are not responsible for unreasonable delays caused by events outside our control, including courier delays, severe weather, service interruptions, customs processes or other circumstances beyond our reasonable control.

Once your order has been handed to the relevant delivery provider, delivery is subject to the provider's handling and delivery processes.

Please refer to our Shipping Policy for further information about available shipping options, delivery estimates and applicable shipping fees.

SECTION 6 — INTELLECTUAL PROPERTY

The Services, including our brand name, logo, text, graphics, photographs, product descriptions, designs, content, videos, audio, layout and other materials, are owned by Optimistic Beauty Essentials or are used under appropriate rights or licences.

You may access and use our Services for personal and lawful purposes.

You may not reproduce, distribute, modify, copy, publish, transmit, sell, create derivative works from, or commercially exploit our content without our prior written permission, except where permitted by applicable law.

The name Optimistic Beauty Essentials, our logos, slogans, product names, designs and other brand elements may constitute trademarks or other intellectual property belonging to Optimistic Beauty Essentials or their respective owners.

Shopify's name, trademarks, logos and other intellectual property belong to Shopify.

All other trademarks and intellectual property appearing on our Services belong to their respective owners.

SECTION 7 — OPTIONAL TOOLS

We may provide access to third-party tools, applications, payment services, delivery services or other features as part of our Services.

We do not necessarily monitor or control third-party tools and services.

Your use of third-party tools may be subject to the terms and policies of the relevant third-party provider.

Where appropriate, you should review the applicable third-party terms before using such services.

We may introduce new features, tools or resources in the future. Any such features will form part of the Services and may be subject to these Terms.

SECTION 8 — THIRD-PARTY LINKS

Our Services may contain links to websites, applications, products or services operated by third parties.

We are not responsible for the content, accuracy, availability, security or practices of third-party websites or services.

If you choose to access third-party websites or services, you do so at your own risk and should review the relevant third party's terms and privacy policies.

Any complaints or concerns regarding third-party products or services should generally be directed to the relevant third-party provider.

SECTION 9 — RELATIONSHIP WITH SHOPIFY

Optimistic Beauty Essentials is powered by Shopify, which enables us to provide the Services to you.

However, purchases made through our online store are transactions between you and Optimistic Beauty Essentials.

Shopify is not responsible for the products sold by Optimistic Beauty Essentials or for the fulfilment of orders placed through our store.

By using our Services, you acknowledge that Shopify provides the technology platform that enables our store to operate but is not the seller of the products offered through our store.

SECTION 10 — PRIVACY POLICY

Personal information collected through our Services is handled in accordance with our Privacy Policy.

Our Privacy Policy explains what personal information we collect, how we use it, how it may be shared and the rights available to you under applicable law.

Because our store is hosted by Shopify, Shopify may collect and process information relating to your use of our Services in accordance with its own privacy practices and policies.

Information submitted through our store may be processed by Shopify and other service providers that assist us with payment processing, fulfilment, shipping, customer service, analytics and other business functions.

Please review our Privacy Policy for further information.

SECTION 11 — FEEDBACK

If you submit reviews, comments, suggestions, ideas, feedback or other content to us, you grant us permission to use, reproduce, modify, publish and display that content for legitimate business purposes, subject to applicable law.

You represent that any content you submit:

• is truthful and accurate to the best of your knowledge;

• does not infringe the rights of another person;

• does not contain unlawful, abusive, defamatory or obscene material; and

• does not contain malicious software or harmful code.

We reserve the right to remove content that we reasonably believe violates these Terms or applicable law.

You remain responsible for the content you submit.

SECTION 12 — ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on our Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, prices, promotions, shipping charges, delivery estimates, availability or other information.

We reserve the right to correct errors, update information or cancel affected orders where reasonably necessary.

If an order is affected by an obvious error, we will make reasonable efforts to notify you and, where applicable, provide an appropriate resolution.

SECTION 13 — PROHIBITED USES

You may use our Services only for lawful purposes.

You must not use our Services to:

• violate any applicable law or regulation;

• infringe our intellectual property rights or the rights of others;

• harass, threaten, abuse or harm another person;

• provide false or misleading information;

• engage in fraudulent or unauthorised transactions;

• distribute spam or malicious content;

• impersonate another person or business;

• upload viruses or malicious code;

• interfere with the operation or security of our website;

• collect personal information about other users without appropriate authority;

• scrape, copy or extract our website content without permission; or

• otherwise interfere with the normal operation of our Services.

We reserve the right to suspend or terminate access to our Services where we reasonably believe these Terms have been violated.

SECTION 14 — AUTOMATED ACCESS AND AGENTS

You may not use automated systems, bots, agents, scraping tools or similar technologies to access, copy, monitor or interact with our Services in a manner that interferes with the operation of our website or violates these Terms.

Any authorised automated access must comply with applicable technical requirements and must not circumvent security, access controls or other measures used to protect our Services.

SECTION 15 — TERMINATION

We may suspend or terminate your access to our Services where permitted by applicable law, including where you materially breach these Terms or engage in fraudulent, unlawful or harmful conduct.

Termination does not affect rights or obligations that arose before termination.

Provisions that by their nature should continue after termination, including intellectual property, privacy, limitations of liability and dispute-related provisions, will continue to apply where permitted by law.

SECTION 16 — DISCLAIMER OF WARRANTIES

To the extent permitted by applicable law, our Services are provided on an "as available" basis.

We make reasonable efforts to maintain accurate and reliable information on our website but do not guarantee that the Services will always be uninterrupted, error-free, secure or available at all times.

Nothing in these Terms is intended to exclude or limit any consumer rights, warranties or protections that cannot lawfully be excluded or limited under applicable South African law.

SECTION 17 — LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, Optimistic Beauty Essentials will not be liable for indirect, incidental or consequential losses arising from your use of our Services where such limitation is legally permitted.

Nothing in these Terms excludes or limits liability where doing so would be unlawful, including liability that cannot legally be excluded or limited under applicable consumer protection laws.

Your statutory rights as a consumer remain unaffected.

SECTION 18 — INDEMNIFICATION

To the extent permitted by applicable law, you agree to be responsible for losses, claims or reasonable costs arising from your material breach of these Terms, your unlawful use of our Services or your violation of another person's rights.

Nothing in this section limits any rights you have under applicable consumer protection law.

SECTION 19 — SEVERABILITY

If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be enforced to the maximum extent permitted by law and the remaining provisions will continue to apply.

SECTION 20 — WAIVER; ENTIRE AGREEMENT

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.

These Terms, together with our Privacy Policy, Return & Refund Policy, Shipping Policy and other policies referenced on our website, constitute the agreement governing your use of our Services, subject to applicable law.

SECTION 21 — ASSIGNMENT

You may not transfer or assign your rights or obligations under these Terms without our prior written consent, except where permitted by applicable law.

We may transfer or assign our rights and obligations where reasonably necessary to operate or restructure our business, subject to applicable law.

SECTION 22 — GOVERNING LAW

These Terms are governed by the laws of the Republic of South Africa.

Any disputes arising from these Terms or your use of our Services will be subject to the jurisdiction of the courts of South Africa, subject to any mandatory consumer rights, jurisdictional rules or dispute-resolution rights available under applicable law.

SECTION 23 — HEADINGS

The headings used in these Terms are included for convenience only and do not affect the interpretation of any provision.

SECTION 24 — CHANGES TO TERMS OF SERVICE

You can review the most current version of our Terms of Service at any time on this page.

We reserve the right to update, change or replace any part of these Terms by publishing an updated version on our website.

Where required by law, we will provide appropriate notice of material changes.

Your continued use of our Services after updated Terms are published constitutes acceptance of the updated Terms to the extent permitted by applicable law.

SECTION 25 — CONTACT INFORMATION

Questions about these Terms of Service should be sent to:

Optimistic Beauty Essentials

Email: optimisticbeautyessentials@gmail.com

Business registration number: 2026/706880/07

Country: South Africa

Business address: 4712 Richmond Street, Protea South, Gauteng, 7530, South Africa

Phone: +27 67 342 2936

Website: optimisticbeauty.co.za

VAT registration: Not applicable unless otherwise registered.

If you have any questions about these Terms of Service, please contact us at optimisticbeautyessentials@gmail.com.