Terms of service

Esher Terms of Service

Oct 12, 2026 · @Fofo

Overview

Welcome to Esher. In these terms, "we", "us" and "our" refer to Esher. We run this online store and everything that comes with it: our website, content, tools, products and services (together, the "Services"). Our store is powered by Shopify, which helps us bring the Services to you.

These Terms of Service, together with the policies they mention, explain your rights and responsibilities when you shop with us. Please take a moment to read them, especially the sections on warranties and liability.

By visiting or using our Services, you agree to these Terms of Service, our Refund Policy and our Privacy Policy [LINK]. If you don't agree, please don't use the Services. Nothing in these terms limits your rights under the Consumer Protection Act 68 of 2008 (CPA) or the Electronic Communications and Transactions Act 25 of 2002 (ECTA).

1. Access and account

To place an order, you must be 18 or older, or have the consent of a parent or guardian. If you allow a minor in your care to use the Services on your device, you are responsible for their use.

When you shop with us, we may ask for details such as your name, email address, delivery address and payment information. Please make sure everything you give us is correct, current and complete.

You are responsible for keeping your account login details private and for all activity on your account. Your account is personal to you and may not be transferred, sold or shared.

2. Our products

We take care to show and describe our products accurately. Colours and appearance may look slightly different depending on your screen and device settings.

Many of our pieces are handmade, and some are one of a kind. Small differences in size, colour, texture and finish are a natural part of handmade work and are not defects. For personalised or engraved orders, please check your spelling, wording, dates and sizes carefully before you pay; we are not responsible for errors in details you supplied or approved.

Anointing oil is for external use only and is not intended to be consumed. Please read the ingredients on the label and test a small amount on your skin before use.

We may update product descriptions, discontinue products, or limit the quantities available to any person or region at any time.

3. Orders

When you place an order, you are making an offer to buy. Your order is accepted once your payment has been received and we send you an order confirmation email. We may decline or cancel an order if a product is unavailable, a pricing error has occurred, the delivery address is outside South Africa for a physical product, or we suspect fraud. If we cancel an order, we will let you know using the contact details you gave us and refund you in full.

Returns, exchanges and refunds are handled according to our Refund Policy.

Our products are sold for your own personal or household use, and not for commercial resale.

4. Prices and billing

All prices are in South African Rand (ZAR). Esher is not registered for VAT, so no VAT is charged on our prices. Delivery costs are shown at checkout before you pay. The price you pay is the price shown when you place your order, as set out in your order confirmation.

Prices, discounts and promotions may change from time to time. Promotions may have their own terms; if those terms conflict with these, the promotion terms apply to that promotion.

Payments are processed securely by our payment providers, and we do not see or store your full card details. By paying, you confirm that your payment details are correct and that you are authorised to use the payment method. Please keep your account and contact details up to date so we can complete your order and reach you if needed.

5. Shipping and delivery

We currently deliver physical products within South Africa only. Digital products are delivered by email or download link and are available worldwide. Delivery times shown are estimates, and we will let you know if your order is delayed. If we cannot deliver within the time we indicated, you may cancel your order for a full refund.

Your order remains our responsibility until it is delivered to you. Delays caused by couriers or events outside our control are not our fault, but we will help you track your parcel and follow up with the courier.

6. Intellectual property

Our Services, including our designs, artwork, photographs, text, logos, product reviews and the Esher name, belong to Esher or our licensors and are protected by South African and international copyright and trade mark law.

You may use the Services for your own personal, non-commercial use. You may not copy, reproduce, distribute, modify, republish or sell any material from the Services without our written permission. Digital products are licensed for personal use only and may not be shared, resold or claimed as your own.

The Esher name, logo and designs are trade marks of Esher. Shopify's name and logo are trade marks of Shopify. Other names and logos on the Services belong to their respective owners.

7. Optional tools

We may give you access to tools provided by third parties, such as payment, review or download apps. We don't control these tools and provide them "as is", without endorsement. Your use of them is at your own discretion and subject to the third party's own terms. Any new features we add to the Services are also covered by these terms.

Our Services may link to websites run by others. We are not responsible for their content, products or practices, so please read their terms and policies before you engage with them. Questions or complaints about a third party's products or services should go to that third party.

9. Relationship with Shopify

Esher is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Esher. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Esher, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Esher.

10. Privacy

We collect only the personal information we need to process and deliver your order and to stay in touch, and we handle it in line with the Protection of Personal Information Act 4 of 2013 (POPIA). Our Privacy Policy [LINK] explains how we use and protect your information, and some information may also be subject to Shopify's Privacy Policy.

Because our store is hosted by Shopify, information you submit is shared with Shopify and with service providers who may be located outside South Africa, so that we can provide the Services to you. We only send you marketing if you have agreed to receive it, and you can unsubscribe at any time.

11. Reviews and feedback

We love hearing from you. When you send us reviews, photos, ideas or other feedback ("Feedback"), you give us a free, permanent, worldwide licence to use, share and display it, including on our website and social media, with credit to you where possible. We are not obliged to keep Feedback confidential, pay for it or respond to it.

Please make sure your Feedback is honest, is your own, and does not contain anything unlawful, offensive, defamatory or harmful, or infringe anyone else's rights. Don't use a false identity or mislead us about who you are. We may remove Feedback that breaks these terms.

12. Errors and inaccuracies

Occasionally our website may contain a typing error or inaccuracy in a product description, price, promotion, delivery charge or availability. We may correct these at any time. If an error affects an order you have already placed, we will contact you before processing it, and you may choose to continue with the corrected details or cancel for a full refund.

13. Prohibited uses

You may use the Services for lawful purposes only. You may not use them to:

  • Break any law or regulation, or act fraudulently or maliciously
  • Infringe our intellectual property or anyone else's
  • Harass, abuse, threaten or defame our team or any other person
  • Share false or misleading information, or impersonate anyone
  • Send spam, junk mail or unsolicited advertising
  • Upload viruses or malicious code, or interfere with the website's security
  • Copy, resell or exploit any part of the Services, or collect other people's personal information
  • Use bots, scrapers, data-extraction tools, AI tools or other automated means to access the Services, except as allowed in section 14

We may suspend or close your account if you break these terms.

14. Automated agents

An "Agent" is any software or service that acts on its own, or on someone's instruction, to access or interact with the Services without direct human supervision. An Agent may only use the Services if it:

  • Identifies itself in every request by including "Agent/[agent name]" in its user agent string
  • Does not hide that it is an Agent, mimic human behaviour, or bypass CAPTCHAs or similar checks
  • Answers truthfully when asked whether it is a human or a computer
  • Does not get around any measure we use to limit or control Agent access

We may limit or block Agent access at any time, including by technical means, and an Agent must stop accessing the Services if we ask it to.

15. Termination

We may suspend or end your access to the Services if you break these terms. Doing so won't affect orders already placed and paid for, amounts you still owe us, or your rights under the CPA and ECTA. The sections on intellectual property, feedback, liability, indemnity, governing law and privacy continue to apply after termination.

16. Warranties

Information on our website is provided for general information. We work to keep it accurate, but we cannot guarantee that the website will always be uninterrupted, secure or error-free.

Our physical products come with the implied warranty of quality under the CPA: they must be reasonably suitable for their purpose, of good quality and free of defects for 6 months from delivery. Nothing in these terms takes away that warranty or any other right you have under South African law. Apart from that, and from anything we expressly promise, the Services are provided "as is" and "as available".

17. Limitation of liability

To the extent permitted by law, Esher, our team, partners and service providers, and Shopify and its affiliates, are not liable for any indirect, incidental, special or consequential loss, such as lost profits or lost data, arising from your use of the Services or any product. Our total liability for any order is limited to the amount you paid for it.

This does not limit any liability that cannot be limited by law, including liability for gross negligence, or for harm caused by unsafe or defective goods under section 61 of the CPA.

18. Indemnity

If you break these terms, break the law or infringe someone else's rights while using the Services, and a third party makes a claim against Esher or Shopify because of it, you agree to cover the reasonable losses and legal costs that result. This does not apply to anything caused by our own fault. We will let you know of any such claim promptly and will not settle it in a way that places obligations on you without your consent.

19. Severability

If any part of these terms is found to be unlawful or unenforceable, it will be applied to the fullest extent the law allows, and the rest of these terms will remain in effect.

20. Waiver and entire agreement

If we don't enforce a right under these terms straight away, we haven't given it up. These terms, together with the policies on our website, are the whole agreement between you and Esher about the Services and replace any earlier versions. As required by the CPA, if any part of these terms is unclear, it will be interpreted in your favour.

21. Assignment

You may not transfer your rights or obligations under these terms without our written consent. We may transfer ours, for example if the business changes ownership, provided this does not reduce your rights.

22. Governing law

These terms are governed by the laws of the Republic of South Africa, and the South African courts have jurisdiction. If you have a concern, please contact us first and we'll do our best to resolve it fairly. Unresolved complaints may be referred to the Consumer Goods and Services Ombud or the National Consumer Commission.

23. Headings

Headings are included for ease of reading only and do not affect the meaning of these terms.

24. Changes to these terms

You can read the latest version of these terms on this page at any time. We may update them from time to time and will let you know of any important changes as required by law. The version published when you place an order applies to that order.

25. Contact us

Questions about these terms? Email us at info@esher.co.za and we'll gladly help.

Last updated: 12 October 2026