Who we are
You can read more about who we are and how we started up our business at our About Page.
What personal data we collect and why we collect it
Comments
When visitors leave comments on www.scarlettsheaven.co.za we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.
An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here. After approval of your comment, your profile picture is visible to the public in the context of your comment.
Media
If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.
Contact forms
Cookies
If you leave a comment on Scarlett’s Heaven, you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.
If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.
When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.
If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.
Embedded content from other websites
Articles on Scarletts Heaven may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.
These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.
Analytics
Who we share your data with
How long we retain your data
If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.
For users that register on Scarlett’s Heaven’s website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Scarlett’s Heaven’s administrators can also see and edit that information.
What rights you have over your data
If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.
Where we send your data
Visitor comments may be checked through an automated spam detection service.
Your contact information
Additional information
How we protect your data
What data breach procedures we have in place
What third parties we receive data from
What automated decision making and/or profiling we do with user data
Industry regulatory disclosure requirements
| Terms and Conditions |
| GENERAL |
| All prices are inclusive of Value Added Tax (“VAT”) and excludes delivery charges |
| The price payable by the Customer will be the price as at the date of the Tax Invoice, this price may differ to the price on the Website or Quotation due to the fluctuation in the exchange rate of the Rand and stock availability. |
| The Goods are subject to availability of stock. If on receipt of the Order, the Goods are not available in stock, Scarlett’s Heaven will inform the Customer as soon as possible. |
| If an error is found, Scarlett’s Heaven will inform the Customer as soon as possible and offer the Customer the option of reconfirming the Order at the correct price or cancelling the Order. If Scarlett’s Heaven does not receive an Order confirmation within 10 (ten) business days of informing the Customer of the error, the Order will be cancelled automatically. If the Customer cancels the Order, or if the Order is cancelled automatically due to the expiry of the 10 (ten) business day period, Scarlett’s Heaven will refund the Customer the price paid for the Goods, if any. |
| Scarlett’s Heaven has the right to change the prices of the Goods from time to time without prior notice to the Customer. |
| EMAIL ORDERS |
| 50% Deposit is required on placement of orders, balance COD |
| Should the 50% Deposit not be paid within 10 (ten) business days, the order will be cancled. |
| NO production will take place without a deposit. |
| PLACING OF GOODS |
| Scarlett’s Heaven will accept written and verbal Orders. Scarlett’s Heaven will not be responsible for any errors or misunderstandings occasioned by the Customers’ failure to place a written Order. |
| If telephone Orders are placed by the Customer, Scarlett’s Heaven may require such Orders to be confirmed in writing by the Customer, prior to acceptance thereof by Scarlett’s Heaven. |
| In the event that Goods are not collected within 30 (Thirty) calander days of completion of the Order, Scarlett’s Heaven reserves the right to cancel the Order with no refund to the customer. (Unless otherwise arranged with Scarlett’s Heaven in writing) |
| Orders for non-standard Goods (“Specials”) and Orders for large quantities of Goods will require the Customer to pay a 50% (fifty per cent) deposit of the estimated Order value to Scarlett’s Heaven. |
| In the event that the Customer cancels an Order at any time after acceptance thereof by Scarlett’s Heaven within 24 hours, Scarlett’s Heaven shall be entitled to charge the Customer production fee of the order that has been started and a 10% cancelation fee of Total order which shall be levied from the 50% Deposit. |
| PAYMENT |
| Payment can be made by electronic funds transfer (“EFT”) directly into Scarlett’s Heaven bank account. Cash will only be accepted apon prior arrangements. |
| Scarlett’s Heaven will provide the Customer with a Tax Invoice prior to delivery of goods or upon delivery. |
| The Customer shall not withhold payment or make set offs or deductions from any payment due by it for any reason whatsoever. No extension of payment of any nature will be granted unless reduced to writing and signed by the Customer and a duly authorised representative/s of Scarlett’s Heaven. |
| Scarett’s Heaven shall have the right to suspend deliveries, refuse to accept Orders and exercise its rights in terms of clause GRANTING AND WITHDRAWAL OF CREDIT if any amount due by the Customer is unpaid. |
| If any amount owed is not settled in full on due date or on demand, Scarlett’s Heaven is entitled to, without prejudice to any of its rights; |
| • Immediately institute action against the Customer; |
| • Hand the Customer over to its attorneys for collection of the outstanding debt, the Customer shall be liable for any legal costs incurred related to such collection; and/or |
| • List the defaulting Customer as a defaulter with credit bureaux in line with Regulation 19(4) of the National Credit Act 34 of 2005. |
| Scarlett’s Heaven does not accept payment via cheque. |
| No discount or extension is allowed unless agreed to in writing by a duly authorised representative/s of Scarlett’s Heaven. |
| GRANTING AND WITHDRAWAL OF CREDIT |
| Scarlett’s Heavens decision to grant credit to a Customer and the nature and extent thereof is at the sole discretion of Scarlett’s Heaven. |
| In order to assess whether credit will be granted, the Customer consents to a credit check to be conducted by Scarlett’s Heaven through credit bureaux. |
| Scarlett’s Heaven reserves the right to withdraw, increase or decrease any credit granted at any time |
| A Customer with approved credit facilities as aforesaid hereby undertakes to ensure that any credit limit approved by Scarlett’s Heaven is never exceeded. Accordingly the Customer hereby agrees and undertakes to promptly make whatsoever payments are necessary to ensure that any such credit limit is never exceeded. No Orders of the Customer will be executed by Scarlett’s Heaven while any such credit limit is exceeded or any payment is overdue beyond the payment period set out above. |
| Where credit facilities of the Customer have been withdrawn by Scarlett’s Heaven, the Customer agrees to make payment on a COD basis. |
| DELIVERY |
| Goods will only be released once payment has been received by Scarlett’s Heaven in full or by Scarlett’s Heavens own discretion. |
| Any delivery note or invoice (copy or original) (“Delivery Note”) signed by the Customer and/or its authorised representative and/or its nominated agent and held by Scarlett’s Heaven, shall be prima facie proof that delivery was made to the Customer. |
| The Customer must inspect the Goods on receipt and be satisfied that the Goods conform in all respects to the quality and quantity ordered and are free from any defects. |
| Upon receipt of the Goods the Customer will be asked to sign for the Goods received in good condition. If the package does not appear to be in good condition, or the Customer is unable to check the contents then please refuse the delivery. Failure to do so may affect any warranty claims that the Customer may make thereafter. |
| The Customer undertakes to grant access to Scarlett’s Heaven, its subcontractors and/or their respective employees to deliver the Goods ordered at such premises, and neither Scarlett’s Heaven, its subcontractors nor their respective employees shall be liable for any loss and/or damage caused, whether be negligence or otherwise, to any person and/or property, and/or consequential loss or damages arising from the entry and/or activities of Scarlett’s Heaven, its subcontractors and/or their respective employees, effecting delivery of the Goods ordered. |
| Scarlett’s Heaven shall be entitled to split the delivery of the Goods ordered in the quantities and on the dates it decides with the prior consent of the Customer, which consent shall not be unreasonably withheld. |
| In the event of the Customer choosing to engage its own third party to transport the Goods, the Customer indemnifies Scarlett’s Heaven against any claims of any nature whatsoever that may arise therefrom. |
| Scarlett’s Heaven is entitled to engage a third party on its behalf to transport Goods purchased by the Customer to the delivery address stipulated by the Customer. |
| A delivery date is only an estimate as to when the Goods will be delivered. Scarlett’s Heaven does not guarantee that the Goods will be dispatched or delivered on any particular date and time, and the Customer shall have no claim against Scarlett’s Heaven in respect of any loss occasioned by any reasonable delay in dispatch or delivery of any Goods ordered, nor may the Customer cancel any Order by reason of such delay. |
| Scarlett’s Heaven reserves the right to charge delivery charges. |
| OWNERSHIP AND RISK |
| All risk in and to all Goods sold by Scarlett’s Heaven to the Customer shall pass to the Customer on collection / delivery thereof. |
| Ownership in all Goods sold and delivered shall remain vested in Scarlett’s Heaven until the full purchase price has been paid. |
| RETURN OF GOODS |
| Return of Goods that did not match the Order |
| • If the Goods do not match what was ordered, the Customer is requested to notify Scarlett’s Heaven as soon as possible after delivery and the Goods must be returned to Scarlett’s Heaven within 10 (ten) business days after delivery. |
| • If the Goods are returned because they did not match what was ordered and the Goods are not in their original condition and repackaged in their original packaging, Scarlett’s Heaven may be entitled in terms of the Consumer Protection Act to charge a reasonable amount for use of the Goods during the time they were in the Customer’s possession, any consumption or depletion of the Goods, or for necessary restoration costs to render the Goods fit for re-stocking. |
| Return of defective Goods |
| • All Goods sold have a 3 (Three) month warranty against defects. The Customer must keep their proof of purchase to verify the date of purchase. Please note that, in terms of the Consumer Protection Act, this warranty may fall away if the Goods have been altered contrary to instructions or after leaving the control of Scarlett’s Heaven. |
| • If the Goods are returned within 3 (Three) months of purchase, and has been proven to be defective by a Scarlett’s Heaven technician, Scarlett’s Heaven, at its election, shall either replace, repair or refund the Goods. |
| • Any Goods damaged due to power surges, black outs or lightning will not be exchanged under warranty. |
| • The Customer hereby agrees that any item under warranty returned for a repair may be sold by Scarlett’s Heaven to defray the cost of such repair if the item remains uncollected for a period of 30 (thirty) days after the repairs have been completed. |
| Return of unwanted Goods |
| • Scarlett’s Heaven reserves the right to charge a handling fee of up to 25% (twenty five per cent) of the value of the returned Goods in the event that a Customer cancels an Order and Scarlett’s Heaven accepts the return of unwanted Goods. Scarlett’s Heaven will only entertain such requests if made within 10 (ten) business days of delivery of the Goods and if the goods are not Specials. All returns which is not a manufacturing fault by Scarlett’s Heaven shall be returned at the cost of the customer. |
| • Personalised goods and special orders may not be returned. |
| BREACH |
| In the event of either party committing a breach of this Contract and failing to remedy such breach within 7 (seven) days of receipt of a written notice to this effect from the other party then the aggrieved party shall, be entitled to, without prejudice to any of its other rights in law, claim specific performance or to cancel this Contract forthwith upon written notice to the defaulting party, without prejudice to its right to recover any amounts that may be due to it in terms of this Contract and any loss or damage suffered as a consequence of the breach or the cancellation of this Contract. |
| WAIVER AND INDEMNITY |
| To the extent permitted by law, Scarlett’s Heaven shall not be liable to the Customer nor to any third party for any loss, claim, damage, injury or death of whatsoever nature, howsoever arising (including consequential or incidental loss) unless such loss, claim, damage, injury or death arises from gross negligence on the part of Scarlett’s Heaven. |
| small items clause |
| LEGAL PROCEEDINGS |
| This Contract shall be governed and construed under and in accordance with the laws of the Republic of South Africa and Scarlett’s Heaven shall, at its option and notwithstanding that the amount of its claim or the nature of the relief sought exceeds the jurisdiction of the Magistrate’s Court, be entitled to institute action out of such court. |
| The delivery address provided by the Customer as reflected in the Order, Quotation, Proforma Invoice or Tax Invoice shall be the Customer’s domicilium for all purposes in terms of this Contract for giving of any notice, the payment of any sum, the serving of any process and for any other purpose arising from this Contract. Scarlett’s Heaven chooses its domicilium address as Unit 1 Ibis Manor, Beretta Street, Wilgeheuwel, Roodepoort, South Africa. |
| A notice in terms of this Contract shall be presumed to have been duly given, if delivered by hand, on the date of delivery, if sent by post, 7 (seven) days after posting, if sent by facsimile, on the day that the facsimile is transmitted, if sent by email, the date of the “Read Receipt” notification. |
| GENERAL |
| This Contract represents the entire agreement between Scarlett’s Heaven and the Customer and shall govern all future contractual relationships between Scarlett’s Heaven and the Customer. |
| The terms of this Contract supersede all previous agreements between the parties, without prejudice to any securities or guarantees held by Scarlett’s Heaven. |
| No amendment and/or alteration and/or variation and/or deletion and/or addition and/or cancellation of this Contract, whether consensual or unilateral or bilateral shall be of any force and effect unless reduced to writing and signed by a director/s of Scarlett’s Heaven. |
| No relaxation or indulgence granted to the Customer shall prejudice or be deemed to be a waiver of any Scarlett’s Heavens rights in terms of this Contract. |
| The Customer shall not cede its rights nor assign its obligations under this Contract, unless prior permission is obtained from Scarlett’s Heaven. |
| Scarlett’s Heaven shall at any time in its sole discretion be entitled to cede all or any of its rights in terms of this Contract to any third party upon notice to the Customer. Should such cession of rights be to the detriment of the Customer, the Customer’s permission shall be obtained. |
| The Customer undertakes to notify Scarlett’s Heaven within 7 (seven) days of any change of address or change of in director, shareholder, address or the information as set out in this Contract. |
| Each of the terms herein shall be a separate and divisible term and if any such term becomes unenforceable for any reason whatsoever, then that term shall be severable and shall not affect the validity of the other terms. |
| The Customer undertakes to inform Scarlett’s Heaven in writing at least 14 (fourteen) days prior to the intended selling or alienating of the whole of or any part of the Customer business and failure to do so will constitute a material breach of this Contract entitling Scarlett’s Heaven to cancel the Contract without further notice to the Customer. |
| PROTECTION AND PROCESSING OF PERSONAL INFORMATION |
| The Customer understands that the personal information given to Scarlett’s Heaven is to be used for the purposes of assessing credit worthiness and in order to perform in terms of this Contract. The Customer confirms that the information given to Scarlett’s Heaven is accurate and complete. The Customer further agrees to update the information supplied as and when necessary in order to ensure the accuracy of the above information failing which Scarlett’s Heaven will not be liable for inaccuracies. |
| Scarlett’s Heaven will not use the Customer’s personal information for any purpose (other than as stated above) without the Customer’s express consent. Scarlett’s Heaven will not use or disclose the Customer’s personal information to third parties without the Customer’s consent, unless the use or disclosure is – |
| • Required to carry out the performance of this Contract or any other agreement between the parties; |
| • Required in order to comply with applicable law, order of court or legal process; and/or |
| • Disclosure is necessary to protect and defend the legitimate interests of Scarlett’s Heaven. |
| Scarlett’s Heaven will from time to time use the customers personal information to send direct marketing related material. The customer reserves the right to inform Scarlett’s Heaven in writing should they wish to not take part in Scarlett’s Heavens marketing campaigns. |
| Scarlett’s Heaven has the Customer’s consent at all times to contact and request information from any persons, credit bureau or businesses to obtain any information relevant to the Customer’s credit assessment, including but not limited to information regarding the amounts purchased from suppliers per month, length of time Customer has dealt with each supplier, type of Goods purchased and manner and time of payment. |
| The Customer agrees and understands that information given in confidence to Scarlett’s Heaven by a third party on the Customer will not be disclosed to the Customer. |
| The Customer hereby consents to and authorizes Scarlett’s Heaven at all times to furnish credit information concerning the Customer’s dealing with Scarlett’s Heaven to a credit bureau and to any third party seeking a trade reference regarding the Customer. FOR MORE INFORMATION VISIT OUR POPI ACT. |
