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LiVan – Essence of Grace
1. Introduction
1.1 These Terms and Conditions govern your access to and use of the LiVan – Essence of Grace website, all purchases made through the website, and any related services offered by LiVan – Essence of Grace (“LiVan”, “we”, “us” or “our”).
1.2 By using this website, creating an account, placing an order, or otherwise interacting with the website, you confirm that you have read, understood, and agree to be bound by these Terms and Conditions.
1.3 If you do not agree to these Terms and Conditions, you must not use this website or place an order through it.
1.4 Nothing in these Terms and Conditions is intended to unlawfully restrict, limit or avoid any right or obligation arising under applicable South African law. To the extent that any clause is inconsistent with applicable law, that law will prevail and the affected clause will be interpreted as far as possible to remain valid and enforceable. The CPA prohibits unfair, unreasonable or unjust terms, and requires certain risk-limiting terms to be clearly drawn to a consumer’s attention.
2. Supplier Information
2.1 The website is operated by:
Trading name: LiVan – Essence of Grace
Owner: Liza Conradie
Business type: Sole proprietor / owner-managed business
Physical address: 16 Palm Drive, Zinkwazi Beach, 4480, KwaZulu-Natal, South Africa
Customer support email: orders@livan.co.za
Customer support telephone / WhatsApp: 082 487 0887
Business hours: 08h00 to 18h00, Monday to Friday, unless otherwise stated
2.2 LiVan sells perfume, body products, and related beauty and personal-care items through electronic transactions. South Africa’s ECTA requires online suppliers to make specified information available on the website, including identity, contact details, pricing, payment methods, delivery timeframes, refund/return policy, and privacy/security information.
3. Legal Capacity and Use of the Website
3.1 You may use this website only if you have legal capacity to enter into binding agreements under South African law.
3.2 If you are under 18, you may use the website or place orders only with the involvement and consent of a parent or legal guardian.
3.3 You agree that all information you provide to us will be true, accurate, current and complete.
3.4 You may not:
a. use the website for any unlawful, fraudulent or harmful purpose;
b. interfere with or disrupt the website or its security;
c. misuse any forms, checkout systems, reviews, contact forms or account features;
d. copy, scrape, reproduce or exploit website content except as permitted by law or with our written permission.
4. Website Content and Product Information
4.1 We aim to describe our products as accurately as reasonably possible. However:
a. product colours, labels, finishes and packaging may vary slightly depending on screen settings, lighting, production runs and supplier changes;
b. lifestyle images are illustrative and for branding purposes unless expressly stated otherwise;
c. measurements, sizes, weights and volumes may contain reasonable tolerances;
d. product availability, packaging style, labelling or formula details may change without prior notice where this does not materially mislead or unlawfully prejudice consumers.
4.2 We do not warrant that all product descriptions, pricing, stock status, ingredient references, promotional material, or other website content will always be error-free, uninterrupted or current.
4.3 If a material error is identified after an order is placed, including a clear pricing or product description error, we may contact you to correct the error, offer you the opportunity to proceed on the correct basis, or cancel and refund the affected order.
4.4 Consumers have the right to information in plain and understandable language, and suppliers may not market or sell on misleading terms.
5. Cosmetic and Fragrance Use Disclaimer
5.1 LiVan’s products are intended for normal cosmetic and personal-care use only.
5.2 Customers must read all available product information, directions and warnings before use.
5.3 Because skin sensitivities, allergies and fragrance tolerance vary between individuals:
a. you should patch test topical products before full use where appropriate;
b. discontinue use immediately if irritation or discomfort occurs;
c. avoid contact with eyes, mucous membranes and broken skin unless the product is specifically intended for such use;
d. seek professional medical advice if you experience an adverse reaction.
5.4 External use only, unless expressly stated otherwise.
5.5 Keep products away from children and pets unless the product is specifically designed and labelled for them.
5.6 Store products away from direct heat, flame or conditions likely to damage the product. Perfume and flammable formulations should be kept away from open flames and excessive heat.
5.7 LiVan does not make medical, therapeutic or guaranteed performance claims unless expressly and lawfully stated.
6. Pricing and Payment
6.1 All prices displayed on the website are in South African Rand (ZAR).
6.2 Unless expressly stated otherwise, prices:
a. are not VAT-inclusive where VAT is not applicable to LiVan;
b. exclude delivery, handling, insurance, or other charges unless shown at checkout.
6.3 Delivery charges, where applicable, will be shown at checkout before final payment.
6.4 Current standard delivery options may include:
a. PUDO Locker
b. Courier Guy
6.5 LiVan reserves the right to change prices, delivery fees, promotions or product availability at any time before an order is accepted.
6.6 Payment methods offered will be those displayed on the website from time to time. These may include online payment gateways, EFT, or other methods made available at checkout.
6.7 Where EFT is offered:
a. payment must be made using the banking details supplied by LiVan at checkout, on invoice, or by direct written confirmation from LiVan;
b. LiVan may require proof of payment;
c. no order will be processed or dispatched until cleared funds reflect, where applicable.
6.8 LiVan may refuse or cancel any order where:
a. payment is not successfully authorised or received;
b. fraud, chargeback abuse or suspicious activity is suspected;
c. pricing or stock errors occurred;
d. the delivery address falls outside our delivery scope;
e. we are unable to verify the purchaser or transaction.
6.9 ECTA requires online suppliers to disclose full pricing, transport costs, payment methods, and to use a payment system that is sufficiently secure for the type of transaction.
7. Orders and Formation of Contract
7.1 Placing products in a cart does not reserve stock and does not constitute acceptance of an order by LiVan.
7.2 An order submitted through the website constitutes an offer by you to purchase the selected goods subject to these Terms and Conditions.
7.3 A binding sale is concluded only when LiVan accepts the order, usually by issuing an order confirmation, tax invoice, payment confirmation linked to stock availability, or dispatch confirmation.
7.4 LiVan may decline any order in whole or in part for any lawful reason, including unavailability, suspected fraud, pricing errors, or inability to fulfil.
7.5 Before finalising an order, the website should allow you an opportunity to review the transaction, correct mistakes and withdraw before placing the order, as required by ECTA.
8. Availability and Stock
8.1 Products are offered subject to availability.
8.2 Some products may be:
a. in stock and ready for dispatch; or
b. made, packed, sourced or prepared after order placement.
8.3 Estimated delivery times currently are:
a. In-stock items: approximately 3 to 7 business days;
b. Out-of-stock / restock / special fulfilment items: approximately 5 to 10 business days, or such other period as communicated.
8.4 These timeframes are estimates only and may be affected by courier delays, payment clearance, address issues, load shedding, public holidays, severe weather, supply-chain delays, or events beyond our reasonable control.
8.5 If we cannot fulfil an order because goods are unavailable, we will notify you and refund any amount paid for unavailable goods within a reasonable period, subject to payment-provider processing times. ECTA also requires suppliers to notify consumers and refund payments if goods ordered are unavailable.
9. Delivery
9.1 LiVan currently delivers within South Africa unless expressly agreed otherwise in writing.
9.2 Delivery will be made to the address or collection point supplied by you during checkout.
9.3 You are responsible for ensuring that:
a. the delivery address is complete and accurate;
b. someone authorised is available to receive the parcel where signature delivery is required;
c. your contact details are correct for delivery communication.
9.4 Risk in the goods passes to you on delivery to the address supplied by you, or on collection from a locker, point, or collection location where such option is used, except where applicable law provides otherwise.
9.5 Ownership in the goods remains with LiVan until full payment of all amounts due has been received in cleared funds.
9.6 If a parcel is returned to us due to an incorrect address, failed collection, refusal, or repeated unsuccessful delivery attempts not caused by LiVan, we may charge a reasonable re-delivery or handling fee.
9.7 Consumers have statutory rights regarding timely delivery and supply. Under ECTA, unless otherwise agreed, an order must be executed within 30 days after receipt of the order, and if not, the consumer may cancel on written notice.
10. Inspection on Delivery
10.1 You should inspect goods as soon as reasonably possible after delivery.
10.2 If goods are damaged in transit, incomplete, incorrectly supplied, or visibly tampered with, you should notify LiVan as soon as reasonably possible and preferably within 48 hours of receipt, together with photographs and the order number.
10.3 Prompt notice helps us investigate with couriers and suppliers, but this clause does not remove any rights you may have in law.
11. Returns, Exchanges and Cancellations
11.1 General principle
Nothing in this section limits any non-excludable rights you may have under the CPA, ECTA or any other applicable law. The CPA provides rights relating to direct marketing cancellation, return of certain goods, quality, and a six-month implied warranty for goods that do not comply with statutory standards.
11.2 Voluntary returns for non-defective goods
11.2.1 Due to hygiene, safety and product-integrity reasons, LiVan may refuse voluntary returns or exchanges of perfumes, body products, creams, oils, washes and similar personal-care items where:
a. the item has been opened, used, tested, sprayed, unsealed, tampered with, or is not in resalable condition;
b. the packaging, hygiene seal, outer box, or label has been damaged or removed;
c. the product is of a kind that by its nature is not suitable for return once opened.
11.2.2 LiVan may, at its discretion, accept a voluntary return of an unopened and unused item in original saleable condition, subject to:
a. prior written approval;
b. return within the period communicated by LiVan;
c. proof of purchase;
d. the customer bearing the direct return cost unless LiVan states otherwise.
11.2.3 If LiVan accepts a voluntary return outside statutory rights, any refund may exclude original delivery charges and may be subject to reasonable direct return and handling costs where permitted by law.
11.3 Incorrect, damaged or defective goods
11.3.1 If you receive the wrong item, a damaged item, or goods that are defective or fail to meet the standards required by law, please contact LiVan promptly with:
a. your order number;
b. a description of the issue; and
c. supporting photographs where applicable.
11.3.2 Where a return is approved because the goods were incorrectly supplied, damaged before delivery, or defective, LiVan will arrange collection, replacement, repair, store credit or refund as required by law and the circumstances.
11.3.3 The CPA’s implied warranty of quality applies to consumer goods, and qualifying defective goods may be returned within six months for repair, replacement or refund, subject to the Act.
11.4 Direct marketing cooling-off rights
11.4.1 If a transaction resulted from direct marketing and the relevant law applies, you may have a statutory cooling-off right.
11.4.2 Under the CPA, where section 16 applies, a consumer may rescind a direct-marketing transaction within five business days after conclusion or delivery, whichever is later. Under ECTA section 44, a consumer may in certain electronic transactions cancel goods within seven days after receipt, with only the direct cost of returning goods being chargeable.
11.4.3 Where a statutory cooling-off right applies, LiVan will process the cancellation in accordance with the applicable legislation and the nature of the goods.
11.5 Special-order or personalised goods
11.5.1 Goods made to order, specially sourced, personalised, customised, or prepared to your specifications may not be cancelled or returned except where required by law.
11.6 Refund timing
11.6.1 Approved refunds will be processed to the original payment method where reasonably possible.
11.6.2 Refund timing may depend on your bank, card issuer, payment gateway or EFT clearing times.
12. Promotions, Discount Codes and Gifts
12.1 LiVan may run promotions, discount codes, bundle offers, gifts-with-purchase, giveaways or limited-time campaigns from time to time.
12.2 Unless expressly stated otherwise:
a. promotions are available while stocks last;
b. promotions may not be combined;
c. one code may be used per order;
d. promotions are subject to the specific campaign rules published with the offer.
12.3 LiVan reserves the right to cancel or amend promotions where there is abuse, fraud, stock error, pricing error, obvious mistake, or circumstances beyond our control.
12.4 If an order qualifying for a promotional item is later cancelled or partially returned, LiVan may deduct the value of the promotional benefit where lawful and reasonable.
13. Gift Cards, Store Credit and Vouchers
13.1 If LiVan offers gift cards, store credit or vouchers, their use will be subject to any specific terms issued with them.
13.2 Unless otherwise required by law or expressly stated:
a. vouchers are non-refundable and not redeemable for cash;
b. lost or stolen vouchers may not be replaced;
c. expiry dates may apply.
14. Account Registration and Security
14.1 If account registration is available, you are responsible for maintaining the confidentiality of your login credentials.
14.2 You are responsible for all activity conducted through your account unless caused by our negligence or a system breach on our side.
14.3 You must notify LiVan immediately if you suspect unauthorised access, account misuse or a security breach.
14.4 LiVan may suspend or terminate an account where misuse, fraud, abusive conduct or unlawful activity is suspected.
15. Intellectual Property
15.1 All rights, title and interest in and to the website, its layout, design, copy, graphics, logos, icons, images, product photography, branding, source code elements, and content are owned by or licensed to LiVan, unless otherwise stated.
15.2 The name LiVan – Essence of Grace, its branding and associated marks may not be used without prior written permission.
15.3 You may not reproduce, republish, distribute, adapt, sell, reverse-engineer, exploit or create derivative works from any website content except as permitted by law or with our written consent.
16. User Content, Reviews and Submissions
16.1 If you submit a review, testimonial, rating, comment, image or other content to LiVan, you grant LiVan a non-exclusive, royalty-free, transferable right to use, reproduce, publish, adapt and display that content for marketing, website, social media and business purposes, subject to applicable law.
16.2 You warrant that your submission:
a. is truthful and based on genuine experience where presented as a review;
b. does not infringe any third-party rights;
c. is not defamatory, unlawful, obscene, threatening, abusive or misleading.
16.3 LiVan may remove or refuse user content at its discretion.
17. Privacy and Personal Information
17.1 LiVan respects your privacy and processes personal information in accordance with applicable South African law, including POPIA. POPIA is in force and requires lawful, reasonable processing of personal information by private bodies, subject to minimum conditions and data-subject rights.
17.2 By using the website and placing an order, you acknowledge that LiVan may collect and process information such as:
a. your name and surname;
b. contact details;
c. delivery and billing address;
d. order and transaction history;
e. communications with us;
f. technical information such as IP address, browser, cookies and usage data.
17.3 We process personal information for lawful business purposes including:
a. account administration;
b. processing and delivering orders;
c. payment verification and fraud prevention;
d. customer support;
e. record-keeping and legal compliance;
f. marketing where lawful and where consent or another valid ground exists.
17.4 LiVan will not sell your personal information unlawfully.
17.5 We may share information with service providers where reasonably necessary, including payment processors, hosting providers, couriers, communications providers, analytics providers, accountants and legal advisers, subject to appropriate confidentiality and legal controls.
17.6 You may opt out of marketing communications at any time where required by law.
17.7 Further detail should appear in LiVan’s separate Privacy Policy and Cookie Policy, which form part of the website’s legal framework.
18. Cookies and Electronic Communications
18.1 The website may use cookies and similar technologies to improve user experience, analytics, security, cart functionality and marketing performance.
18.2 By using the website, you consent to receiving electronic communications from LiVan relating to your orders, account, customer support, and where lawful, promotional content.
18.3 ECTA prohibits unsolicited commercial communications without certain disclosures and requires an opt-out mechanism.
19. Limitation of Liability
19.1 Subject to applicable law, LiVan will not be liable for any indirect, incidental, consequential or special loss, including loss of profit, loss of opportunity, or loss of data, arising from the use of the website or products, unless caused by gross negligence, wilful misconduct or where liability cannot lawfully be excluded.
19.2 LiVan does not warrant that:
a. the website will always be available, error-free or uninterrupted;
b. the website will always be free from bugs, malware or unauthorised interference, although reasonable measures are taken;
c. product results will be identical for all users.
19.3 To the extent permitted by law, LiVan’s total liability in respect of any claim arising from a specific order will not exceed the amount paid by the customer for that order.
19.4 This clause does not exclude or limit any liability that cannot lawfully be excluded under South African law, including certain CPA rights or liability arising from defective goods where the law imposes it.
19.5 The CPA requires that any clause limiting a supplier’s risk or liability must be brought to the consumer’s attention in a conspicuous and understandable way.
20. Indemnity
20.1 You agree to indemnify and hold LiVan harmless against claims, losses, damages, liabilities, costs and expenses arising from:
a. your unlawful use of the website;
b. your breach of these Terms and Conditions;
c. your misuse of any product contrary to instructions, warnings or common-sense cosmetic use;
d. content submitted by you that infringes third-party rights.
20.2 This indemnity will not apply to the extent that the claim arises from LiVan’s own unlawful conduct, gross negligence or any liability that cannot lawfully be excluded.
21. Force Majeure
21.1 LiVan will not be liable for any delay or failure to perform caused by events beyond our reasonable control, including but not limited to natural disasters, severe weather, fire, flood, pandemic, strike, civil unrest, war, acts of God, load shedding, telecommunications failure, cyberattack, courier disruption, customs delays, supply interruption or governmental restrictions.
21.2 If such an event continues for an unreasonable period, LiVan may cancel affected orders and refund amounts actually received for undelivered goods.
22. Complaints and Dispute Resolution
22.1 If you have a complaint, please contact us first at:
Email: orders@livan.co.za
Phone / WhatsApp: 082 487 0887
22.2 We will aim to acknowledge and address complaints within a reasonable time.
22.3 If a complaint cannot be resolved directly, a consumer may refer qualifying disputes to an appropriate ombud, alternative dispute forum, regulator, or court of competent jurisdiction.
22.4 The Consumer Goods and Services Ombud is the compulsory ombud scheme for the consumer goods and services industry in line with the CPA and may deal with relevant consumer disputes.
23. Governing Law and Jurisdiction
23.1 These Terms and Conditions are governed by the laws of the Republic of South Africa.
23.2 Subject to any consumer’s right to approach another competent forum in law, any dispute arising from these Terms and Conditions or use of the website will be subject to the jurisdiction of the appropriate South African court or tribunal with jurisdiction.
23.3 The protections for consumers in ECTA Chapter VII apply irrespective of the legal system otherwise applicable to the agreement.
24. Changes to These Terms and Conditions
24.1 LiVan may update these Terms and Conditions from time to time.
24.2 The latest version published on the website will apply to future use of the website and future orders from the date of publication.
24.3 The version of the Terms and Conditions in force at the time of order acceptance will generally apply to that order unless a change is required by law.
25. Severability
25.1 If any provision of these Terms and Conditions is found invalid, unlawful or unenforceable, that provision will be severed to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
26. Entire Agreement
26.1 These Terms and Conditions, together with the Privacy Policy, Returns Policy, Delivery Policy, and any product-specific terms published on the website, constitute the full agreement between LiVan and the customer in relation to the use of the website and any online purchase.
27. Contact and Legal Notices
27.1 All legal notices to LiVan should be sent to:
LiVan – Essence of Grace
16 Palm Drive
Zinkwazi Beach
4480
KwaZulu-Natal
South Africa
Email: orders@livan.co.za
Phone / WhatsApp: 082 487 0887
