Terms of service

Terms of Service

Effective Date: 1 January 2023

Welcome to BodyTheory. These Terms of Service ("Terms") govern your use of our website, products, and services. By accessing or using our website, you agree to be bound by these Terms.

If you do not agree with these Terms, please do not use our website.

1. Business Information

Business Name: BodyTheory

Support Email: bodytheorysupport@gmail.com

BodyTheory operates an online ecommerce store selling health, wellness, recovery and lifestyle products throughout South Africa.

2. Acceptance of Terms

By placing an order through our website, you confirm that:

  • You are at least 18 years old or have permission from a parent or legal guardian.

  • The information you provide is accurate and complete.

  • You have the legal capacity to enter into a binding agreement.

3. Products

We make every reasonable effort to ensure that product descriptions, specifications, colours and images are accurate.

However:

  • Colours may appear differently depending on your device.

  • Packaging may occasionally differ from images.

  • Product specifications may change without prior notice where improvements are made.

BodyTheory reserves the right to discontinue or modify products at any time.

4. Health Disclaimer

Our products are intended to promote general wellness and recovery.

They are not medical devices and are not intended to diagnose, treat, cure or prevent any disease unless specifically stated.

Customers should consult a qualified healthcare professional before using any product if they:

  • are pregnant;

  • have a medical condition;

  • have implanted medical devices;

  • have sensitive skin;

  • are undergoing medical treatment; or

  • have any concerns regarding suitability.

BodyTheory accepts no responsibility for misuse of products or failure to follow supplied instructions.

5. Orders

All orders are subject to acceptance and product availability.

We reserve the right to:

  • refuse any order;

  • limit quantities;

  • cancel suspected fraudulent orders;

  • cancel orders containing pricing or website errors.

If payment has already been received, a refund will be issued where required by law.

6. Pricing

All prices displayed are in South African Rand (ZAR).

Prices include VAT where applicable unless stated otherwise.

Prices may change without notice.

The price charged will be the price displayed at the time your order is confirmed.

7. Payment

Payment must be received in full before an order is dispatched.

We reserve the right to use secure third-party payment providers.

BodyTheory does not store customers' payment card details.

8. Shipping

Estimated delivery times are provided for convenience only.

Delivery estimates are not guaranteed.

Delays caused by:

  • courier companies;

  • public holidays;

  • severe weather;

  • strikes;

  • customs;

  • incorrect delivery information;

  • events beyond our reasonable control;

do not entitle customers to compensation.

Risk of loss passes to the customer upon delivery.

9. Returns and Refunds

Returns and refunds are governed by our Return and Refund Policy.

Nothing in these Terms limits any rights provided under the Consumer Protection Act.

10. Promotions

From time to time BodyTheory may offer:

  • discounts;

  • promotional codes;

  • giveaways;

  • limited-time sales.

Promotions:

  • cannot be exchanged for cash;

  • cannot be combined unless specifically stated;

  • may be withdrawn at any time;

  • may contain additional terms.

11. Intellectual Property

All website content remains the exclusive property of BodyTheory, including:

  • logos;

  • branding;

  • product descriptions;

  • graphics;

  • website design;

  • photographs;

  • videos;

  • icons;

  • written content.

No material may be copied, reproduced, distributed or used without prior written permission.

12. Acceptable Use

You agree not to:

  • interfere with the operation of the website;

  • attempt unauthorized access;

  • distribute malware;

  • use automated scraping tools;

  • misuse our services;

  • violate any applicable law.

BodyTheory reserves the right to restrict or terminate access for misuse.

13. Limitation of Liability

To the fullest extent permitted under South African law:

BodyTheory shall not be liable for:

  • indirect damages;

  • incidental damages;

  • consequential damages;

  • loss of profits;

  • loss of income;

  • business interruption;

  • data loss;

  • emotional distress;

  • any damages arising from misuse of products.

Where liability cannot legally be excluded, our maximum liability shall not exceed the amount paid for the relevant product.

Nothing in these Terms excludes liability that cannot legally be excluded under South African law.

14. Product Use

Customers are responsible for:

  • using products according to instructions;

  • ensuring products are suitable for their personal circumstances;

  • supervising children around products;

  • discontinuing use if irritation or adverse reactions occur.

Improper use voids any applicable warranty or guarantee to the extent permitted by law.

15. Warranty

Where applicable, products may include manufacturer warranties.

Normal wear and tear, misuse, accidental damage, unauthorized modifications, negligence and failure to follow instructions are not covered.

Any statutory warranties under South African law remain unaffected.

16. Privacy

Your personal information is handled in accordance with our Privacy Policy and applicable South African privacy legislation, including the Protection of Personal Information Act (POPIA).

17. Force Majeure

BodyTheory shall not be liable for delays or failure to perform obligations resulting from events beyond our reasonable control, including:

  • natural disasters;

  • pandemics;

  • power failures;

  • internet outages;

  • labour disputes;

  • civil unrest;

  • governmental actions;

  • courier disruptions.

18. Third-Party Services

Our website may contain links to third-party websites or services.

BodyTheory does not control these websites and accepts no responsibility for their content, policies or practices.

19. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

20. Changes to These Terms

We may update these Terms from time to time.

The latest version published on our website will apply from its effective date.

Continued use of the website constitutes acceptance of the updated Terms.

21. Governing Law

These Terms shall be governed by and interpreted in accordance with the laws of the Republic of South Africa.

Any disputes shall be subject to the jurisdiction of the competent South African courts.

22. Contact Us

If you have any questions regarding these Terms of Service, please contact:

BodyTheory

Email: bodytheorysupport@gmail.com