Terms of service
TERMS OF SERVICE
1. Overview
Welcome to Ellave Wellness.
Ellave Wellness is operated by Engela Holdings (Pty) Ltd, trading as Ellave Wellness ("Ellave Wellness", "Ellave", "we", "us" or "our").
These Terms of Service govern your access to and use of www.ellavewellness.com, including any purchases made through our online store, and should be read together with our Privacy Policy, Refund Policy and Shipping Policy.
Our online store is powered by Shopify, which provides the e-commerce platform that enables us to offer our products and services to you.
By accessing our website, creating an account or placing an order, you agree to these Terms of Service.
Nothing in these Terms is intended to exclude or limit any rights you may have under the Consumer Protection Act 68 of 2008, the Electronic Communications and Transactions Act 25 of 2002, or any other applicable South African legislation.
2. Business Information
Ellave Wellness is operated by:
Legal entity: Engela Holdings (Pty) Ltd
Trading as: Ellave Wellness
Company registration number: 2026/387402/07
Place of registration: South Africa
Business / physical address: Durbanville, Cape Town
Address for legal service: Durbanville, Cape Town
Office bearer(s) / director(s): Elmarie Engela / Wessel Kruger Engela
Website: www.ellavewellness.com
Email: info@ellavewellness.com
Telephone: +27 77 361 1687
3. Eligibility and Use of the Website
You may use this website only for lawful purposes.
By placing an order, you confirm that you are legally capable of entering into a binding agreement or that you have the permission of a parent or legal guardian where required.
You agree not to:
- use the website for unlawful or fraudulent purposes;
- interfere with the security or operation of the website;
- attempt to gain unauthorised access to our systems;
- introduce viruses, malicious code or other harmful technology;
- scrape, reproduce or commercially exploit our website content without permission; or
- provide false or misleading information when placing an order.
We may restrict or terminate access where we reasonably believe the website is being misused.
4. Products and Product Information
We make reasonable efforts to ensure that product descriptions, photographs, ingredients, sizes, prices and other information displayed on our website are accurate.
However, product packaging, colours, labelling or presentation may occasionally differ from images displayed online due to manufacturer changes, screen settings or updated packaging.
Where a manufacturer changes packaging without changing the underlying product, you may receive packaging that differs slightly from the photograph shown.
You should always read the product label, ingredients and usage instructions supplied with the product before use.
Skincare and personal-care products
Skin types and sensitivities differ between individuals. A product that works well for one person may not be suitable for another.
Where appropriate, we recommend performing a patch test before using a new skincare product.
If irritation or an adverse reaction occurs, discontinue use and seek appropriate professional advice if necessary.
Information provided on the Ellave Wellness website is for general product information purposes and is not intended to replace professional medical or dermatological advice.
Nothing in this section limits your statutory rights relating to defective or unsafe goods.
5. Prices
Unless otherwise stated, all prices are displayed in South African Rand (ZAR).
Applicable delivery charges, taxes or other charges will be disclosed before you complete your order where applicable.
Prices may change without notice, but changes will not affect orders already accepted by us.
Promotional prices and discount offers may be subject to additional terms, expiry dates, minimum purchase requirements or stock availability.
6. Orders
Placing an order through our website constitutes an offer to purchase the selected products.
After placing an order, you should receive an electronic confirmation acknowledging receipt of your order.
We reserve the right to decline or cancel an order where there is a legitimate reason to do so, including:
- a product being unavailable;
- an obvious pricing or listing error;
- payment not being successfully processed;
- suspected fraudulent activity;
- delivery being unavailable to the supplied address; or
- a legal or regulatory restriction preventing the sale.
If we cancel an order after payment has been received, the relevant amount will be refunded.
We will not substitute a materially different product without your agreement.
7. Payment
Payment must be made through one of the payment methods available at checkout.
You confirm that you are authorised to use the payment method supplied.
Payments may be processed by third-party payment providers. Their processing systems and security requirements may also apply to your transaction.
We do not store complete payment-card information where the transaction is processed securely by our payment providers.
8. Shipping and Delivery
We deliver in accordance with the delivery options and geographic areas described on our website and Shipping Policy.
Estimated delivery dates are estimates rather than guarantees unless specifically agreed otherwise.
We will take reasonable steps to deliver orders within the stated or agreed period.
Delays may occasionally occur due to circumstances outside our reasonable control, including courier disruptions, severe weather, public holidays, strikes or other events.
We will not use these Terms to remove any delivery rights granted to consumers under South African law.
Where applicable, the risk associated with goods remains with Ellave Wellness until delivery has been accepted by the consumer, subject to applicable law. South Africa's Consumer Protection Act places important delivery obligations on suppliers.
Please ensure that your delivery information is accurate when placing your order.
9. Returns, Refunds and Defective Products
Returns and refunds are governed by our Returns & Refund Policy, available on our website.
For hygiene and safety reasons, opened or used skincare, cosmetic and personal-care products may not generally be eligible for a change-of-mind return, except where applicable consumer legislation provides otherwise.
This does not affect your rights where goods are defective, damaged, incorrectly supplied or otherwise fail to comply with applicable consumer law.
South African consumers have statutory protections relating to defective goods, including an implied warranty of quality under the Consumer Protection Act.
Where the Electronic Communications and Transactions Act provides a consumer with a cooling-off right, those statutory rights will apply notwithstanding anything in these Terms.
10. Product Availability
All products are subject to availability.
Adding a product to your shopping cart does not reserve the product.
If a product becomes unavailable after you place an order, we will contact you and provide an appropriate solution, which may include a refund, replacement option or waiting for restock, subject to your agreement.
11. Promotions, Discount Codes and Gift Cards
Promotional offers may be subject to specific terms and conditions.
Unless otherwise stated:
- discount codes cannot be exchanged for cash;
- only one discount code may be used per order;
- discounts may exclude selected products;
- promotional offers may be limited to available stock; and
- discount codes may expire.
Any specific promotional terms displayed with an offer will take precedence over this section where they differ.
12. Intellectual Property
All website content owned by Ellave Wellness or Engela Holdings (Pty) Ltd, including logos, branding, graphics, photographs, written content, layouts, designs and marketing materials, is protected by applicable intellectual-property law.
Third-party brand names, trademarks, product photographs and other intellectual property remain the property of their respective owners.
You may use the website for personal and non-commercial purposes.
You may not reproduce, distribute, modify, republish or commercially exploit our proprietary content without prior written permission.
13. Reviews, Feedback and User Content
If you submit a product review, photograph, testimonial, suggestion or other content to Ellave Wellness, you confirm that you are entitled to provide that content.
You grant us permission to display, reproduce and use that content in connection with our business and marketing, subject to applicable privacy and consumer laws.
You may not submit content that is:
- unlawful;
- defamatory;
- fraudulent;
- abusive;
- infringing of another person's intellectual-property rights; or
- deliberately misleading.
We reserve the right to remove inappropriate content, but we will not suppress genuine negative reviews merely because they are critical.
14. Privacy and Personal Information
We process personal information in accordance with our Privacy Policy and applicable South African data-protection law, including the Protection of Personal Information Act 4 of 2013 (POPIA).
This may include information required to:
- process orders;
- deliver products;
- communicate with customers;
- process payments;
- prevent fraud;
- provide customer support;
- comply with legal obligations; and
- provide marketing communications where permitted.
Our website is hosted on Shopify, and certain information may be processed by Shopify and other service providers that assist us in operating our store.
Our Privacy Policy provides further information about how personal information is collected, used and protected.
POPIA requires organisations processing personal information to comply with statutory data-protection requirements.
15. Third-Party Services
We may use third-party providers for services including:
- Shopify hosting and e-commerce infrastructure;
- payment processing;
- courier and delivery services;
- email communications;
- analytics;
- marketing platforms; and
- social-media integrations.
Where you interact directly with a third-party service, that provider's terms and privacy policies may also apply.
Ellave Wellness remains responsible for its own obligations to consumers and does not attempt to exclude statutory responsibilities merely because a third-party provider is involved.
16. Shopify
Our online store is powered by Shopify.
Shopify provides the technology that enables us to operate our online store, but purchases made through Ellave Wellness are transactions between you and Engela Holdings (Pty) Ltd trading as Ellave Wellness, not between you and Shopify.
Shopify may process certain information as necessary to provide its platform and related services.
17. Disclaimer and Limitation of Liability
To the maximum extent permitted by applicable law, Ellave Wellness will not be responsible for indirect or consequential losses that were not reasonably foreseeable and that arise from circumstances outside our reasonable control.
We do not guarantee that the website will always be uninterrupted or completely free from technical faults.
However, nothing in these Terms excludes or limits liability or consumer rights that cannot legally be excluded or limited under South African law.
In particular, nothing in these Terms is intended to exclude liability where such exclusion would be prohibited by the Consumer Protection Act or other applicable legislation.
18. Force Majeure
We will not be responsible for delays or failures caused by events beyond our reasonable control, such as severe weather, natural disasters, strikes, civil unrest, infrastructure failure, government restrictions, courier disruptions or major telecommunications outages.
Where such an event materially affects an order, we will take reasonable steps to communicate with you and find an appropriate solution.
19. Errors and Website Information
Occasionally, information on our website may contain typographical errors, pricing errors, omissions or inaccuracies.
We may correct these errors when discovered.
Where an error materially affects an order already placed, we will contact you before proceeding where reasonably possible.
Nothing in this section removes rights granted to consumers under applicable law.
20. Changes to These Terms
We may update these Terms from time to time to reflect changes in our business, website, services or applicable law.
The latest version will be published on our website.
Material changes will apply prospectively and will not unfairly alter the terms of an order already concluded.
21. Severability
If any provision of these Terms is found to be invalid or unenforceable, that provision will be interpreted or limited to the extent necessary, and the remaining provisions will continue to apply.
22. Governing Law
These Terms and transactions conducted through the Ellave Wellness website are governed by the laws of the Republic of South Africa.
Any dispute will be dealt with in accordance with applicable South African law and the consumer's statutory rights.
Nothing in this clause prevents a consumer from approaching an appropriate consumer-protection body, regulator, ombud or court where legally entitled to do so.
23. Contact Us
Questions regarding these Terms, orders or our services may be directed to:
Ellave Wellness
Operated by Engela Holdings (Pty) Ltd
Email: info@ellavewellness.com
Website: www.ellavewellness.com
Telephone: +27 77 361 1687
Physical/business address: Durbanville, Cape Town