Terms of service
By placing an order with us you agree to the terms below. These are provided to ensure both parties are aware of and agree upon this arrangement to mutually protect and set expectations on our service.
This website is operated by Liv Medical (Pty) Ltd on behalf of its brand Hernuvin. Throughout the site, the terms ‘we’, ‘us’ and ‘our’ refer to Liv Medical (Pty) Ltd. Liv Medical (Pty) Ltd offers this website, its information, tools and services 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 and purchasing something from us, you engage in our ‘service’ and agree to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced herein and available by hyperlink. These terms 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. 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. If these terms are considered an offer, acceptance is expressly limited to these terms.
Any new features or tools which are added to the current store from time to time shall also be subject to the terms. You can review the most current version of the terms at any time on this page. We reserve the right to update, change or replace any part of these terms by posting updates and/or changes to our website. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
1 Stock availability
We try to maintain accurate stock counts on our website but from time-to-time there may be a stock discrepancy and we will not be able to fulfil all your items at time of purchase. In this instance, we will fulfil the available products to you, and contact you about whether you would prefer to await restocking of the backordered item or if you would prefer for us to process a refund.
2 Shipping Costs
Shipping costs are a standard flat rate and added during checkout. Orders above R700 qualify for free shipping. Payment for shipping will be collected with the purchase. This price will be the final price for shipping cost to the customer.
Liv Medical (Pty) Ltd will accept returns as long as a request to return is received via email to email@example.com within 7 days of receipt of an order, and are returned in original packaging, unopened, unused, without any seals broken, and in a resellable condition.
Return shipping is at your own arrangement and for your own account.
Once returns are received, evaluated and accepted, refunds will be processed to the original form of payment. You will be notified via email once this has been completed. We will refund the original value of the goods returned excluding any shipping and handling costs.
4 Delivery terms and order processing
We currently only deliver within South Africa.
Delivery to main centres/larger cities takes approximately 1-2 working days from date of dispatch, while delivery to outlying towns/smaller cities takes approximately 2-4 working days from date of dispatch.
4.1 Dispatch Time
Orders are usually dispatched within 2 business days after payment of order has been successfully processed.
Our warehouse operates Monday – Friday 08:00 – 16:00, except on public holidays at which time the warehouse will be closed. In these instances, we take steps to ensure shipment delays will be kept to a minimum.
4.2 Change Of Delivery Address
For change of delivery address requests, we are able to change the address at any time before the order has been dispatched.
4.3 Items Out Of Stock
Should items ordered be out of stock, we will fulfill the available products to you, and contact you about whether you would prefer to await restocking of the backordered item or if you would prefer us to process a refund.
5 Parcels Damaged In Transit
If you find a parcel is damaged in-transit, if possible, please reject the parcel from the courier and get in touch with our customer service department. If the parcel has been delivered without you being present, please contact our customer service department on firstname.lastname@example.org in order to review possible options.
VAT has already been applied to the price of the goods as displayed on the website.
If you change your mind before you have received your order, we are able to accept cancellations at any time before the order has been dispatched. If an order has already been dispatched, please refer to our refund policy.
Parcels are insured for loss and damage up to the value as stated by the courier.
8.1 Process for parcel damaged in-transit
We will process a refund or replacement as soon as the courier has completed their investigation into the claim.
8.2 Process for parcel lost in-transit
We will process a refund or replacement as soon as the courier has conducted an investigation and deemed the parcel lost.
9 Customer service
For all customer service enquiries, please email us at email@example.com.
10 Customer complaints
Customer complaints must follow a formal complaints process. Complaints are formally logged with Liv Medical (Pty) Ltd. The customer complaint process from logging the complaint to a resolution should not take more than 5 business days.
11 Online Store Terms
By agreeing to these terms, you also agree that you are at least the age of majority in your province of residence, or that you are the age of majority in your province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of our Services.
12 General Conditions
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content, not including credit card information, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
13 Accuracy, Completeness and Timelines of Information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
14 Modifications to the Service and Prices
Prices for our products are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
15 Products or Services (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We reserve the right to limit the quantities of any products or services that we offer. 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.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
16 Accuracy of Billing and Account Information
We reserve the right to refuse 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 may attempt to notify you by contacting the e-mail and/or phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail in this regard, consult Returns Policy.
17 Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ‘as is’ and ‘as available’ without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, from time to time, offer new services and/or features through the website including, the release of new tools and resources. Such new features and/or services shall also be subject to these terms.
18 Third-Party Links
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
19 User Comments, Feedback and other Submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
20 Personal Information
21 Errors, Inaccuracies and Omissions
Occasionally there may be information on our site or in the service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the service or on any related website, should be taken to indicate that all information in the service or on any related website has been modified or updated.
22 Prohibited Uses
In addition to other prohibitions as set forth in the terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the service or any related website for violating any of the prohibited uses.
23 Disclaimer of Warranties, Limitation of Liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Liv Medical (Pty) Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort including negligence, strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content or product posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless Liv Medical (Pty) Ltd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these terms is determined to be unlawful, void or unenforceable, 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.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These terms are effective unless and until terminated by either you or us. You may terminate these terms at any time by notifying us that you no longer wish to use our services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our services or any part thereof.
27 Entire Agreement
The failure of us to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the service constitutes the entire agreement and understanding between you and us and govern your use of the service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us including, but not limited to, any prior versions of the terms.
Any ambiguities in the interpretation of these terms shall not be construed against the drafting party.
28 Governing Law
We reserve the right, at our sole discretion, to update, change or replace any part of these terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.