Terms and Conditions
Definitions
"we", "us" and "our" refers to Nolia Naturals (Pty) Ltd.
"You" refers to you, our customer.
('we', 'our', or 'us'). Please read them carefully as they affect your rights and liabilities under law. If you do not agree to these Terms, please do not access nor use the Website. If you have any queries regarding these Terms then please contact us.
- GENERAL
These are the terms and conditions that apply when you use one of our websites to buy products from us. Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. We reserve the right to refuse service to anyone for any reason at any time
- ACCEPTANCE
When you buy products from us, you agree to and accept all our terms and conditions. You also agree that we may send invoices to you electronically.
- YOUR ONLINE PROFILE AND PERSONAL INFORMATION
3.1 When you register as an online shopper, you will have to create an online profile. This includes selecting a user name and password. You will be asked for your credentials (your user name and password) every time that you shop online with us. It is your responsibility to keep your credentials private and secure and not share them with anyone. Only authorized users may access their online profile with their credentials. We accept no liability for any damages or losses that you may suffer from the unauthorized use of your profile.
3.2 When you shop our products online using our websites, you give us your consent to collect and process your personal information, which we have to do in order to (for example) create and manage your account, process your payment, fulfil your order, communicate with you and deliver your goods. If you do not want us to collect and process your personal information, you should not register as an online shopper or shop with us online, as we will not be able to provide you with goods or services.
Please refer to our Privacy Statement for more information on how we process, share and protect your personal information and your rights regarding your personal information
3.3 Any new features or tools which are added to the current store shall also be subject to the Terms and conditions. You can review the most current version of the Terms of Service at any time on this page. We are entitled to amend these online shopping terms and conditions, at our sole discretion, from time to time, without notice to you.
4 GOODS AND PRICING
4.1 Goods subject to availability: All goods displayed on our website are subject to availability. If any goods you ordered are not immediately available or are not available at all, we will let you know as soon as possible. Goods are only available for delivery in South Africa.
4.2 Price: The stated prices on our website are in South African Rand and are only valid and effective in South Africa. Prices for our products are subject to change without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the product.
4.3 Display: We will use our best efforts to accurately display the goods, specifically regarding their colour, description and price. Please remember however that the way you see the goods is also dependent on the device that you are using to access our websites. We cannot guarantee that the goods you receive will look exactly as you have seen it on our website.
4.4 Order completion: We will indicate the acceptance of your order by delivering the goods to you, or allowing you to collect it. Only at that point will your order be complete and an agreement of sale between you and us come into effect (the "Sale"). This is regardless of any communication from us stating that your order or payment has been confirmed. We will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amounts already paid. Adding goods to a wish list or placing it in an online shopping cart/bag without completing the purchase process ("checking out") does not constitute a valid order, so we may remove the goods from your online bag/cart if stock is no longer available and change the price of the goods without notice to you. You cannot hold us or any third party seller liable if the goods are no longer available, or the price has changed when you check out or try to check out at a later stage.
4.5 Order cancellation by us: We reserve the right to not process an order or to cancel an existing order (partially or completely):
If, we suspect that you have, or have tried to: abuse the website/app; intercept data; commit fraud; hack into our systems; or create multiple user profiles to take advantage of a promotion or other offer intended by us to be used once-off by you. We will also be entitled to blacklist you on our database, delete your profile and suspend or terminate your access to our websites (in which case we accept no liability which may arise); and
If cancellation of an order is initiated by us, no cancellation fees will be payable. We will refund you the Rand value that you have paid, only if you have already paid for the cancelled order. We will not be liable for any loss or claim relating to a cancelled order or refusal to process an order. We are not bound by any incorrect information about products.
5 Our Returns Policy
Our Returns Policy forms part of, and must be read in conjunction with, our Terms and Conditions of Sale. We reserve the right to change this Returns Policy at any time.
It is important that you check your order or items upon receipt and always before use. If any errors occur or issues arise then these need to be reported to us immediately so we can investigate.
6 WARRANTIES; LIMITATION OF LIABILITY
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
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 Nolia Naturals (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
7 INDEMNIFICATION
You agree to indemnify, defend and hold harmless Nolia Naturals, 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.
8 SEVERABILITY
In the event that any provision of these Terms of Service 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 of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
ENTIRE AGREEMENT
The failure of us 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.
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 South Africa.
COMPANY INFORMATION
This website is run Nolia naturals (Pty) Ltd based in South Africa with registration number ___2019/003946/07_______ and Samantha October is the registered owner.
8.1 Company Physical Address:
15 Cherrywood Close, Parklands, Cape Town, Western Cape, South Africa,