Terms of Service

Welcome to The Seoul Palette. This website and online boutique are operated by The Seoul Palette. Throughout the site, the terms “we”, “us” and “our” refer to The Seoul Palette. We offer this website, including all information, tools, features, AI skin analysis tools, and products available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site, utilizing our digital tools, and/or purchasing products from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services.

SECTION 1 - DIGITAL CAPACITY AND ACCOUNTS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your province of residence (18 years of age in South Africa), or that you are the age of majority and have given us your express consent to allow any of your minor dependents to use this site.

If you create an account on our store, you are entirely responsible for maintaining the confidentiality of your account credentials and password. You agree to accept responsibility for all activities that occur under your account. We reserve the right to refuse service, terminate accounts, or remove content if we suspect fraudulent or unauthorized account use.

SECTION 2 - PRECISE K-BEAUTY PRODUCT REPRESENTATIONS

We make every effort to display as accurately as possible the colours, packaging, and textures of our Korean skincare products that appear in our boutique. However, we cannot guarantee that your device’s screen display of any color or texture will be completely accurate.

All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

SECTION 3 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

In accordance with the Electronic Communications and Transactions Act (ECTA), we provide detailed order summaries prior to checkout. We reserve the right to refuse or cancel any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.

In the event that we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. You explicitly represent and warrant that your purchases are for personal household use only and are not intended for commercial resale or unauthorized export.

SECTION 4 - PRICING, PROMOTIONS, AND CURRENCY

All prices displayed on the website are quoted in South African Rand (ZAR) and are inclusive of Value Added Tax (VAT), if applicable, but exclusive of delivery charges. Delivery charges are calculated and clearly displayed at checkout in accordance with our Shipping Policy.

While we strive to ensure all pricing and information displayed on our website is accurate, errors may occasionally occur. If we discover an error in the price of any product you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled and issue a full refund within 7 days.

SECTION 5 - SOUTH AFRICAN SHIPPING, RETURNS, AND RISK

  • Delivery: Delivery timelines are estimates managed by third-party domestic courier providers. Ownership and risk of loss pass to you upon physical door-to-door delivery to your specified address, in alignment with the Consumer Protection Act (CPA).
  • Returns & Exchanges: All online purchases are subject to return solely in accordance with our specific Return & Refund Policy. Due to the strict hygienic nature of premium skincare products, we do not accept exchanges of any products under any circumstances. Returns are explicitly limited to defective or damaged products reported within 7 days of delivery.

SECTION 6 - AI SKIN ANALYSIS AND INGREDIENT DISCLAIMER

  • Educational Purpose Only: The Seoul Palette offers an AI Skin Analysis tool, custom routines, and educational blog content highlighting K-Beauty ingredients (including but not limited to PDRN, Exosomes, Niacinamide, Retinoids, and Botanical Extracts). All information provided by these tools, quizzes, or blogs is for informational and educational purposes only.
  • Not Medical Advice: This information does not constitute medical advice, dermatological diagnosis, or clinical treatment plans.
  • Skin Sensitivity Disclaimer: Individual skin profiles react uniquely to advanced cosmetic ingredients. It is your sole responsibility to review the listed ingredients of products before application to prevent allergic reactions or sensitivities. If you suffer from a severe clinical skin condition, rosacea, or active cystic acne, consult a qualified dermatologist before modifying your routine.

SECTION 7 - POPIA AND PRIVACY COMPLIANCE

Your submission of personal information through the store is strictly governed by our Privacy Policy, which is fully compliant with the Protection of Personal Information Act (POPIA), No. 4 of 2013. Because our online boutique is powered by Shopify, certain transaction data is securely processed globally to fulfil your order. By using our Services, you consent to the collection, processing, and lawful cross-border transmission of data strictly required for e-commerce fulfilment.

SECTION 8 - INTELLECTUAL PROPERTY RIGHTS

The website, including its original content, features, layout, graphics, imagery, brand name, logos, and custom product curation formatting, are the exclusive property of The Seoul Palette and are protected by South African and international copyright, trademark, and intellectual property laws. You are granted a limited, non-transferable license to access the site for personal, non-commercial shopping purposes only.

SECTION 9 - FEEDBACK AND CONSUMER REVIEWS

If you post product reviews, skin progress updates, or testimonials on our platforms ("Feedback"), you grant us a royalty-free, perpetual, and irrevocable license to use, publish, and display such content across our marketing channels. We reserve the right to monitor, edit, or remove content that we deem unlawful, defamatory, or infringing on third-party intellectual property. You guarantee that your feedback does not contain malicious code, false identities, or misleading claims.

SECTION 10 - LIMITATION OF LIABILITY AND CPA COMPLIANCE

Please read this section carefully as it defines our legal liabilities under South African law.

  • To the maximum extent permitted by Section 61 of the South African Consumer Protection Act (CPA), The Seoul Palette shall not be held liable for any direct, indirect, incidental, or consequential damages resulting from the misuse of products purchased from our store, or from relying blindly on information generated by our AI Skin Analysis tool or blogs.
  • We do not exclude or limit liability for gross negligence, wilful misconduct, or any matter for which it would be unlawful under South African law to exclude or restrict liability.
  • Our total liability to you for any proven claim arising out of an order placed through this Service is strictly capped at the total amount paid by you for that specific purchase.

SECTION 11 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless The Seoul Palette, our officers, directors, employees, and suppliers (including Shopify) from any third-party claims, liabilities, damages, or costs (including legal fees on an attorney-and-client scale) arising directly from your material breach of these Terms of Service, your violation of South African law, or your infringement of any intellectual property rights.

SECTION 12 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable by a South African court of competent jurisdiction, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 13 - GOVERNING LAW AND JURISDICTION

These Terms of Service, our policies, and any separate agreements whereby we provide you Services shall be governed by, construed, and enforced exclusively in accordance with the laws of the Republic of South Africa. Any legal disputes arising out of your use of this website or purchases made on it will be subject to the exclusive jurisdiction of the competent courts within South Africa.

SECTION 14 - STATUTORY CONSUMER DISCLOSURES (ECTA SECTION 43)

In terms of Section 43 of the Electronic Communications and Transactions Act (ECTA) No. 25 of 2002, the following statutory disclosures are provided for consumer protection:

  • Full Name: The Seoul Palette
  • Physical Address: 91 Soofie Saheb Drive, Athlone, Durban North, 4051
  • Contact Email: info@kbeauty-sa.com
  • Website URL: www.kbeauty-sa.com

SECTION 15 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website following the posting of any changes constitutes binding acceptance of those updates.