Terms of Service
Talking Hat
Last updated: September 2026
Overview
This website is operated by Talking Hat. Throughout the site, the terms “we”, “us” and “our” refer to Talking Hat. Talking Hat offers this website, including all 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/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
This website is operated by Talking Hat, based in Mooi River, KwaZulu-Natal Midlands, South Africa. We create, produce and supply artisan natural products including soaps, lotions, essential oils, soy candles, herbal tinctures, balms, bath bombs, bath salts and related natural living products.
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 of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any of our services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Description of Goods and Services
At Talking Hat we pride ourselves on creating, producing and bringing you the best natural products for health, beauty and natural living. We are based in Mooi River in the beautiful KZN Midlands, South Africa, and deliver country-wide.
Section 1 – Online Store Terms
By agreeing to these Terms of Service, you represent that you are at least 18 years of age (or the age of majority in your jurisdiction).
You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, 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 your Services.
Section 2 – 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.
Country of domicile
This website is governed by the laws of the Republic of South Africa. Talking Hat chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, its place of business in Mooi River, KwaZulu-Natal, South Africa.
Section 3 – Accuracy, Completeness and Timeliness of Information
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.
Section 4 – Modifications to the Service and Prices
Prices for our products are subject to change without notice.
We reserve the right at any time 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.
Section 5 – Products or Services
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; pictures are for representation purposes only.
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 may exercise this right on a case-by-case basis. 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 the sole discretion of us. 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.
A description of the main characteristics of goods can be found on the product pages of the Website.
Prices for goods on the Website appear on the product pages and include all applicable taxes (VAT where applicable).
Prices and offers may vary and may only be available for limited periods. All prices and offers are subject to availability and may be withdrawn or amended at our discretion.
The Website contains a large number of goods, and it is possible that, despite our best efforts, some of the goods listed on the Website may be incorrectly priced. If we discover an error in the price of the goods you have ordered, we will inform you as soon as possible. We will give you the option of reconfirming your order at the correct price or cancelling it. Talking Hat is under no obligation to sell incorrectly priced goods to you at the incorrect price.
Some offers may carry a maximum quantity per customer. If this is applicable, it will be detailed on the individual offer.
Section 6 – 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 billing address/phone number provided at the time the order was made. 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.
Payment options
Payment may be made via Visa, MasterCard or American Express Cards, by bank transfer (EFT) into the Talking Hat bank account, or via other payment methods made available at checkout. Details will be provided during the checkout process.
Card acquiring and security
Card transactions will be acquired for Talking Hat via an approved South African payment gateway. The gateway uses strict encryption (including Secure Socket Layer technology) and no card details are stored on our website. Customer details will be stored by Talking Hat separately from card details which are entered by the client on the payment gateway’s secure site.
Fraud Prevention
To help us prevent fraud, higher-value orders may require additional verification. Card fraud is illegal and perpetrators will be prosecuted.
Section 7 – 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.
Section 8 – 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 of Service.
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.
Section 9 – Personal Information
Your submission of personal information through the store is governed by our Privacy Policy.
Talking Hat shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, “personal information” shall be defined as detailed in the Protection of Personal Information Act 4 of 2013 (POPIA) and the Promotion of Access to Information Act 2 of 2000 (PAIA).
Section 10 – 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.
Section 11 – Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, 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.
Section 12 – 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 Talking Hat, 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 jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Warranty and limitation of our liability
If Talking Hat fails to comply with these terms and conditions, Talking Hat shall only be liable to you for the purchase price of the goods.
Talking Hat will not be liable for losses that result from its failure to comply with these terms and conditions that fall into the following categories:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits;
(d) loss of anticipated savings;
(e) loss of data; or
(f) waste of management or office time.
Nothing in these terms and conditions is intended to exclude or limit Talking Hat’s liability for:
(a) death or personal injury caused by Talking Hat’s negligence;
(b) fraud or fraudulent misrepresentation;
(c) any other matter for which it would be illegal for Talking Hat to exclude or attempt to exclude its liability.
Whilst Talking Hat adopts industry standard protections against computer viruses, it is not able to warrant that this website is free from computer viruses or any other malicious or impairing computer program.
Nothing in these terms and conditions is intended to affect your statutory rights under South African consumer protection legislation (including the Consumer Protection Act 68 of 2008 and the Electronic Communications and Transactions Act 25 of 2002).
Events outside our control (Force Majeure)
Talking Hat will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations to you that is caused by events outside Talking Hat’s reasonable control (a “Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond Talking Hat’s reasonable control and includes (without limitation) the following:
(a) Strikes, lock-outs or other industrial action;
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster;
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) Impossibility of the use of public or private telecommunications networks; or
(f) The acts, decrees, legislation, regulations, or restrictions of any government.
In the event of a Force Majeure Event, Talking Hat’s performance is deemed to be suspended for the period that the Force Majeure Event continues, and Talking Hat will have an extension of time for performance for the duration of that period. Talking Hat will use its reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which its obligations to you may be performed despite the Force Majeure Event.
Section 13 – Indemnification
You agree to indemnify, defend and hold harmless Talking Hat 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 of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
Section 14 – Severability
Each provision of these terms shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable from and shall not affect the enforceability of any of the other provisions of these terms.
Section 15 – Termination
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 of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service 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 of Service, 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).
Section 16 – Entire Agreement
Our failure to exercise or enforce any right or provision of these Terms of Service 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 of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Section 17 – Disclaimer (Natural Products)
You agree by using this site that you are at least 18 years of age. You agree by purchasing the products from this site that you are taking responsibility upon yourself to ensure the safe use of these products and to keep them away from minors where appropriate.
Our products are made with natural ingredients (including essential oils, beeswax, plant extracts, herbs and other natural components). Natural ingredients can still cause skin irritation or allergic reactions in some individuals. We recommend performing a patch test on a small area of skin before full use. If a reaction occurs, discontinue use immediately.
Allergen Disclaimer
Talking Hat supplies products which may contain or have come into contact with allergens including (but not limited to) nuts, soy, dairy, eggs, wheat, metals, propylene glycol or glycerine. We cannot guarantee that any of our products are safe for consumption or use by individuals with any form of allergies. There is always a risk of contamination in production and the supply chain. We urge you to take caution or do an allergy test before using any of the products we supply. If any adverse reactions occur, discontinue use immediately and seek medical assistance.
We will not be held responsible for any allergic reactions occurring from products we stock. Many of our products are intended for personal care use and end consumers who are fully aware of the risks associated with using natural products.
Medical Information or Advice
At Talking Hat we do not provide or offer any medical advice or diagnoses. The content on our website is not intended to be a substitute for professional medical advice, diagnosis, or treatment. It is important always to consult with your physician or other qualified health provider regarding any medical condition or health-related concerns. Please do not disregard professional medical advice or delay in seeking it based on information you have read on the Talking Hat website.
The information and statements provided on our site are for informative purposes only and are not intended to diagnose, treat, cure or prevent any disease or health condition.
Section 18 – Changes to Terms of Service
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service 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.
Talking Hat may, in its sole discretion, change this agreement or any part thereof at any time without notice.
Section 19 – Contact Information
Questions about the Terms of Service should be sent to us via the contact details provided on our website (talkinghat.co.za).
Section 20 – Returns and Refunds Policy
The provision of goods and services by Talking Hat is subject to availability. In cases of unavailability, Talking Hat will refund the client in full within a reasonable period (normally 7 working days) once the unavailability is confirmed.
Cancellation of orders
Your order can be cancelled for a full refund if the order has not yet been packed or shipped. Once an order has been prepared and dispatched, cancellation by the client may attract a handling fee. No returns will generally be accepted for non-stock items, special orders or custom-made products.
Due to the nature of our business (natural and personal-care products), we cannot accept returns of liquid products, opened products, or products where the seal has been broken, except where the product is defective or incorrect.
Essential Oils and Fragrance Products
Talking Hat will not accept returns of essential oils or fragrance-based products based purely on personal scent expectations. Scents are highly subjective and may vary from person to person. Any modification to flavour concentrates or essential oils will render any form of return or refund null and void. Usage of essential oils outside the permitted or intended use renders any warranty void. These products carry no warranty beyond statutory rights.
General Returns (Change of Mind / ECT Act)
In accordance with the Electronic Communications and Transactions Act, you may cancel your transaction within 7 days of receipt of goods, provided the goods are unopened, unused and in their original condition. Return shipping costs for “change of mind” returns are the responsibility of the customer.
Defective or Incorrect Products
If a product is damaged, broken or incorrect when you receive it, you must inform Talking Hat within a reasonable time (preferably within 48 hours of delivery for transit damage, or within 7 days for other defects). We will then make arrangements for a replacement or refund as appropriate. In such cases we will usually cover the return courier costs.
Refunds
Refunds will only be made for products returned within the prescribed timeframe in unused and perfect condition, with proof of purchase. No cash refunds will be given for warranties; store credit or a swap for a product of equivalent value may be offered. All parts and packaging need to be accounted for.
Personal-use products cannot generally be returned due to health and hygiene concerns unless there is a manufacturer’s fault.
How to request a return or refund
Please contact us with:
- Proof of Purchase (receipt or order number)
- Bank details (if a bank refund is required)
- Clear reason for the request and product details
Do not send returns to our address without prior approval. Refunds can take up to 7–14 working days to process once approved (depending on the payment method and bank processing times).
Returns address
Talking Hat
Mooi River, KwaZulu-Natal Midlands, South Africa
(Full address and instructions will be provided upon approval of a return request.)
Section 21 – Delivery Policy
Delivery is done via third-party courier to your door or nearest depot. We will not be held responsible for any courier delays, as this service is out of our control; however, we will liaise with the courier company should there be delays or damages on your shipment.
Delivery costs are additional to the displayed price and vary depending on the delivery service selected, the area of delivery, and the quantity, dimensions and weight of goods ordered. Delivery charges will be confirmed to you before your order is accepted.
We are currently unable to deliver to PO Boxes.
If you are not available to collect and sign on the courier’s first visit, they may leave it at a neighbouring address or attempt re-delivery. After unsuccessful attempts the goods may be returned to Talking Hat, and re-delivery costs may be charged.
Please see our shipping page for current rates and lead times.
Exports
The offering on this website is primarily available to South African clients, although international enquiries may be considered. Some items cannot be shipped internationally due to shipping or customs restrictions. It is the responsibility of the buyer to ensure products are allowed entry into their country and to pay any customs charges or duties. We will not refund or be held responsible for items detained by customs or other agencies, and we will not devalue invoices or disguise items.
Section 22 – Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Republic of South Africa. You hereby consent to the jurisdiction of the South African courts in respect of any disputes arising in connection with these Terms.