TERMS & CONDITIONS
Supplier: Cactus Africa Co., a division of Pripear Skincare (Pty) Ltd
Company Registration Number: 2020/619763/07
Effective Date: 5 January 2026
By placing an order with, requesting documentation from, or otherwise engaging with Cactus Africa Co., a division of Pripear Skincare (Pty) Ltd (“the Supplier”, “we”, “us”, “our”), the Buyer (“you”, “your”) confirms that they have read, understood, and agree to be bound by these Terms & Conditions.
1. Orders & Acceptance
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All orders are subject to written acceptance by Cactus Africa Co.
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Product availability, specifications, batch characteristics, minimum order quantities, and pricing are subject to change without prior notice.
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We reserve the right to refuse, limit, or cancel any order at our discretion.
2. Pricing & Payment
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Prices are quoted and invoiced in ZAR, EUR, or USD, as agreed in writing.
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Payment is required in full prior to dispatch unless otherwise approved in writing.
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For international transactions, the Buyer is responsible for all bank charges, intermediary transfer fees, and currency conversion costs to ensure the net amount received by the Supplier matches the full invoiced total.
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Failure to make payment in full may result in delayed dispatch, suspension of future orders, or cancellation without liability.
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Quotes are valid for 14 days from the date of issue unless otherwise stated.
3. Delivery, Shipping, Customs & Risk
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Delivery dates are estimates only. Cactus Africa Co. shall not be held responsible for delays beyond its reasonable control, including international transit or customs holds.
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Risk in the goods passes to the Buyer upon dispatch or handover to the designated courier/freight forwarder.
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The Buyer is solely responsible for compliance with import laws, customs clearances, tariffs, import duties, local taxes, and cosmetics regulatory requirements in the destination country.
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The Supplier is not liable for goods delayed, seized, or destroyed due to local import restrictions or customs non-compliance in the destination territory.
4. Quality, Documentation & Use
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Each order is supplied with a Buyer’s Pack, which may include a Certificate of Analysis (CoA), Safety Data Sheet (SDS), Technical Data Sheet (TDS), and general usage guidance.
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Certificates of Analysis reflect standard composition and quality parameters based on routine batch testing conducted by ISO- and/or GMP-accredited laboratories where applicable.
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Requests for additional, extended, or custom testing must be made in writing prior to order confirmation and may incur additional costs. Custom testing is generally available for bulk orders exceeding 5 litres, subject to feasibility.
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All ingredients are supplied for cosmetic formulation use only.
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The Buyer is solely responsible for ensuring regulatory compliance, formulation safety, stability testing, labelling, and market approval of any finished products.
5. Samples & Natural Variability
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Samples are supplied for evaluation purposes only and may not be fully representative of commercial quantities.
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As ingredients are derived from natural sources, batch-to-batch variation in colour, aroma, or viscosity may occur and does not constitute a defect where specifications are met.
6. Claims & Liability
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Any claims relating to shortages, defects, or non-conformity must be submitted in writing within five (5) business days of receipt of goods.
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No goods may be returned without prior written authorisation.
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The Supplier’s total liability is strictly limited to the purchase price of the goods supplied.
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The Supplier shall not be liable for indirect, incidental, or consequential losses, including loss of profit, production delays, or loss of goodwill.
7. Cancellations & Returns
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Orders may not be cancelled, altered, or amended once confirmed, except by written agreement.
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Due to the perishable and traceable nature of raw ingredients, returns are not accepted once goods have been dispatched, except in cases of verified supplier error or confirmed defect.
8. Confidentiality & Intellectual Property
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All branding, technical documentation, testing data, specifications, pricing, artwork, trade secrets, and correspondence remain the exclusive intellectual property of Pripear Skincare (Pty) Ltd.
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The Opuntia robusta 'Monterey' cultivar identity, associated agricultural methods, and biochemical profiles represent proprietary trade secrets owned by the Supplier and protected under applicable national and international intellectual property frameworks.
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The supply of raw oil, batch documentation, or evaluation samples is provided strictly for cosmetic formulation, analytical testing, and finished product manufacturing. Supply does not grant or convey any right, title, licence, or permission to extract biological matter, isolate seed material, attempt vegetative or seed propagation, or undertake commercial cultivation of the underlying botanical assets.
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The Buyer agrees to maintain strict confidentiality regarding all proprietary and commercial information disclosed.
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No part of the Buyers Pack or related communication may be shared, copied, reproduced, reverse-engineered, or used beyond the agreed purpose without prior written consent.
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Any unauthorised disclosure, reproduction, propagation attempt, or commercial exploitation constitutes a material breach of these Terms & Conditions and may result in immediate legal action across international jurisdictions.
9. Force Majeure
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Cactus Africa Co. shall not be liable for failure or delay in performance due to events beyond its reasonable control, including natural disasters, government actions, labour disputes, supply chain disruption, or transport interruptions.
10. Amendments & Severability
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Cactus Africa Co. reserves the right to amend these Terms & Conditions from time to time. The version applicable at the time of order confirmation shall apply.
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If any provision is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
11. Governing Law & Jurisdiction
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These Terms & Conditions are governed by and construed in accordance with the laws of the Republic of South Africa, without regard to conflict of law principles.
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The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.
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Any disputes arising hereunder shall fall under the exclusive jurisdiction of the competent courts of the Western Cape, South Africa.
Cactus Africa Co.
A division of Pripear Skincare (Pty) Ltd
Registration Number: 2020/619763/07
Heuwelkroon, 4 Morkel Street
Somerset West, Western Cape, South Africa
Email: admin@cactusafricaco.co.za
Tel: +27 (0) 66 181 3658
These Terms & Conditions are available online at all times.
A printable PDF copy is available on request — please email admin@cactusafricaco.co.za.