1. LEGALLY BINDING AGREEMENT
BY PLACING AN ORDER FOR GOODS AND/OR SERVICES ON THIS WEBSITE, THE USER AGREES TO BE BOUND UNCONDITIONALLY BY THESE TERMS AND CONDITIONS OF SALE.
ACCEPTANCE OF THESE TERMS AND CONDITIONS OF SALE BY THE USER CONSTITUTES A BINDING LEGAL AGREEMENT BETWEEN NEVAREST AND THE USER.
THE AGREEMENT BETWEEN THE USER AND Nevarest IS CONSTITUTED BY THESE TERMS AND CONDITIONS OF SALE, READ TOGETHER WITH THE WEBSITE TERMS AND CONDITIONS AND THE PRIVACY NOTICE PUBLISHED ON THIS WEBSITE.
2. PRELIMINARY NOTICES IN TERMS OF THE CONSUMER PROTECTION ACT, 2008
2.1. IN TERMS OF SECTION 22(1) OF THE CONSUMER PROTECTION ACT, 2008, THESE TERMS AND CONDITIONS OF SALE HAVE BEEN DRAFTED AND DISPLAYED IN PLAIN LANGUAGE.
2.2. IF YOU DO NOT UNDERSTAND THE CONTENT, SIGNIFICANCE AND IMPORT OF ANY OF THE PROVISIONS OF THESE TERMS AND CONDITIONS OF SALE, PLEASE CONTACT Nevarest ON (012) 345 9260 OR EMAIL: firstname.lastname@example.org.
2.3. YOUR ATTENTION IS DRAWN TO CERTAIN TERMS AND CONDITIONS CONTAINED HEREIN WHICH CONSTITUTE OR HAVE THE EFFECT OF BEING:
LIMITATIONS OF RISK OR LIABILITY IN FAVOUR OF Nevarest AS THE SUPPLIER OF THE GOODS OR SERVICES OFFERED FOR SALE OR USE ON THIS WEBSITE;
ASSUMPTIONS OF RISK OR LIABILITY BY YOU, THE USER;
INDEMNITIES IN FAVOUR OF Nevarest; OR
AN ACKNOWLEDGEMENT OF CERTAIN FACTS BY YOU, THE USER.
2.4. SUCH TERMS AND CONDITIONS ARE HIGHLIGHTED IN CAPITAL LETTERS AND BOLD FONT.
3. No offer
3.1. Users should regard nothing contained in this website as an offer but rather as an invitation to do business.
3.2. Unless specific arrangement is made prior to engaging with the website or placing an order, the goods and services advertised on this website are available to South African clients and delivery addresses only, and to clients and delivery addresses in Botswana, Lesotho, Malawi, Mozambique, Namibia, Swaziland and Zambia at an additional cost.
4. Description of goods and services
4.1. While Nevarest takes reasonable efforts to ensure that the description and pricing of goods advertised on this website are as accurate as possible, it does not warrant that such information is accurate, complete, and error-free. If goods ordered are not as described on this website, the User must return the goods to Nevarest who shall refund the User for the full price paid for such goods together with the costs of returning same to Nevarest.
5.1. Prices on this website are always quoted in South African Rand (ZAR) and inclusive of Value Added Tax (VAT).
5.2. Prices published on this website will be updated from time to time and Users are required to check for any updates to prices of goods and/or services before any order is placed.
5.3. Nevarest cannot confirm the price of any goods or services until an order is placed with it. However, Nevarest will not charge a price higher than the one displayed on the website for any goods or services unless the price, as displayed, contains an inadvertent and obvious error.
5.4. Nevarest will not be bound by any errors in pricing which result from technical problems on the website or by the unlawful modification of data on the website by unauthorized persons.
5.5. Nevarest shall take reasonable steps to inform any affected Users about any pricing errors on the website as soon as they are discovered.
5.6. Where Nevarest advertises or promotes any goods or services offered at reduced prices, the price published on the website after the advert or promotion has been published or announced will be the price of the goods already reduced as advertised or promoted.
5.7. The costs of delivery and/or any other costs associated with any transaction will be displayed separately in the confirmation of the User’s order before checkout.
6. Commencement of sale agreement and review of transaction
6.1. An agreement of sale will only come into effect when the User electronically submits a properly completed order for goods or services on the website and confirmation of that order is dispatched by Nevarest to the User.
6.2. The addition of any goods or services by the User to their shopping basket and/or wish list without completing the necessary checkout process on the website will not constitute a valid order.
6.3. Users will always be given an opportunity to review the entire transaction and to correct any mistakes or to withdraw from the transaction before finally placing any order on the website. Should a User, due to a technical error or otherwise, not be afforded the opportunity to review any transaction, the User may cancel the transaction within 14 days of receiving the goods or, in the case of services, within 14 days of the agreement being concluded. If a transaction is cancelled as aforesaid, the User shall return the goods or stop using the services and Nevarest shall refund all payments made by the User.
6.4. An order received via the website will only be processed by Nevarest once payment has been authorised or received, as the case may be.
7.1. The payment process for purchases from the online shop is undertaken by Nevarest Online Commercial Solutions (Pty) Ltd. Payment for purchases made via the website can be made by credit card or electronic fund transfer (EFT) into Nevarest’s designated bank account, details of which are sent to the User when the payment option is selected.
7.2. In compliance with section 43(5) of the Electronic Communications and Transactions (ECT) Act, Nevarest uses the services of the PayGate Payment Gateway to process credit card payments. All transactions through the PayGate Payment Gateway are encrypted by Secure Certificates. Telecommunications (Pty) Ltd merchant services adhere to strict security assessment requirements, meeting Payment Card Industry Data Security Standard (PCI DSS) requirements.
7.3. Nevarest does not process or store User’s credit card details.
7.4. Where payment is made via EFT, confirmation of payment must be received by Nevarest within 5 days from the date that an order is confirmed. No orders will be processed until confirmation of payment has been received.
7.5. Nevarest reserves the right to request further information from a User in order to verify any order placed or for the processing of any payment due.
8. User’s cooling-off rights in terms of section 44 of the ECT Act
8.1. A User will be entitled to cancel, without reason and without penalty, any transaction for the supply of goods within 7 days after the date of the receipt of the goods; or of services within 7 days after the date of the conclusion of the agreement.
8.2. The only charge that may be levied on the User is the direct cost of returning the goods.
8.3. If payment for the goods or services has already been made by the User, they shall be entitled to a full refund of such payment within 30 days of the date of cancellation.
8.4. A User will not be entitled to cancel a transaction in terms of clause 8.1 when the transaction is for:
9. Quality standards and safety
9.1. Nevarest shall take all reasonable efforts to ensure that goods sold on the website are:
9.2. Subject to clause 10.5, if any goods sold by Nevarest do not comply with any of the requirements and/or standards set out in clause 10.1, the User may, for a period of 6 (six) months after the delivery of any such goods, return the goods to Nevarest, without penalty and at Nevarest own risk and expense.
9.3 Upon the return of any goods by the User in terms of clause 13, Nevarest shall, at the direction of the User, either repair or replace the failed, unsafe or defective goods, or refund the price paid by the User for the goods.
9.4 If goods are repaired by or on behalf of Nevarest and, within (3) three months after that repair, the failure, defect or unsafe feature has not been remedied; or a further failure, defect or unsafe feature is discovered in the goods, or any component thereof, Nevarest must replace the goods or refund the price paid for the goods to the User.
9.5. Nevarest shall not be liable to the User in terms of clauses 10.2 and 10.4 if:
9.6. Should a User wish to purchase goods for a particular purpose, the User must specifically inform Nevarest in writing of that particular purpose, or advise Nevarest in writing of the use to which the User intends to apply to goods purchased from the website. Nevarest reserves the right to refuse to sell certain goods to a User which Nevarest believes, in its sole discretion, does not meet the particular purpose for which the User wishes to purchase such goods.
9.7. Where Nevarest has expressly informed Users that particular goods advertised on the website for sale are in a specific condition and a User has agreed to purchase the goods in that condition, or the User has knowingly acted in a manner consistent with accepting the goods in that condition, then Nevarest will not be held liable for any defects or shortcomings in such goods which are normally associated with the specific condition that the goods were sold in.
9.8. Any complaints regarding the standard and quality of the product or products bought by consumers through the website should be directed to Nevarest Customer Care Team at email@example.com
10. Limited or no stock
10.1. If Nevarest is unable to perform in terms of the agreement on the grounds that the goods or services ordered are no longer available, Nevarest shall immediately notify the User via email of this fact and/or shall publish such notice on the website.
10.2. Any payments already made by the User for goods that are no longer in stock or that cannot be delivered by Nevarest will be refunded to the User within 30 days after the date of such notification.
11. Refund Policy
11.1. Should a User be eligible for a refund in accordance with these terms and conditions, the User may elect to either:
11.2. In the event that the User elects to receive a refund for any order that has been cancelled, the User will receive a full refund of the purchase price within 30 days of the date of cancelling this agreement.
12. Governing law
12.1. The law applicable to this agreement, its interpretation and any matter or litigation in connection therewith or arising therefrom, will be the law of the Republic of South Africa.
13. Dispute resolution
13.1. Any dispute which may arise between any parties to this agreement shall be referred to arbitration and resolved in accordance with the Rules of the Arbitration Foundation of Southern Africa ("AFSA") by an arbitrator.
13.2. The arbitrator shall be agreed upon between the parties and failing such agreement, and within a period of 10 (ten) days after the arbitration has been demanded by the parties, any party to such dispute shall be entitled to request the chairperson for the time being of AFSA to make the appointment who, in making the appointment, shall have regard to the party's requirement of speedy arbitration.
13.3. Nothing in this clause shall preclude a party from obtaining interim relief on an urgent basis from a Court of competent jurisdiction pending the decision of the arbitrator.
13.4. The arbitration shall be held in Pretoria at a venue agreed to between the parties in writing, and shall be conducted in English and completed as soon as practically possible.
13.5. The parties irrevocably agree that any award that may be made by the arbitrator shall be final and binding, and may be made an order of any Court to whose jurisdiction the parties are subject.
14. Amendment of these terms and conditions
14.1. Nevarest reserves the right, at any time, to amend any of the terms and conditions set out herein.
14.2. An updated version of this agreement containing any amended or new terms and conditions will be posted on the website from time to time.
14.3. Any amendment made to this agreement shall become binding and enforceable from the date of publication.
14.4. The User agrees that it is their responsibility to peruse any amended version of this agreement when accessing the website and placing any order.
14.5. If the User objects to any amendment which is binding on them or which may become binding on them, the User must stop accessing and using the website immediately and should not place any orders.
15. Termination of this agreement
15.1. In the event of a breach of any of the terms and conditions of this agreement by either party, the aggrieved party shall have the right, without prejudice to any other rights it may have at law, including the right to claim damages, to:
15.2. In the event of any breach by either party, and the aggrieved party instructs its attorneys to make demand and/or to institute legal proceedings, then in either such event, the party in breach shall be obliged and agrees to pay on demand all legal costs and disbursements so incurred including, particularly, all costs as between attorney and client, it being the intention that the aggrieved party shall not incur any liability whatsoever for any legal expenses as a result of a breach by the other.
16.1. Users may receive operational and promotional emails from Nevarest pertinent to their order. These include but are not exclusive to reminder emails, payment related emails, delivery emails and feedback related emails. The nature of the promotional emails (automated) is such that the User will be unable to remotely un-subscribe to these mails. If a User discontinues using the Nevarest website these operational emails will automatically discontinue. The User will be able to un-subscribe from all promotional emails.
17.1. Users may not cede, sub-license or otherwise transfer any rights they may have under this agreement or which may otherwise have been obtained through the use of this website.
17.2. In the event of any part of this agreement being found to be partially or fully unenforceable, for whatever reason, this shall have no effect on the application or enforceability of the rest of this agreement.
17.3. This agreement, or any of the terms and conditions contained therein, as amended from time to time, contains the record of the entire agreement between the User and Nevarest .
17.4. Failure to enforce any provision of these terms and conditions shall not be deemed a waiver of such provision nor of the right to enforce such provision.
18 . DISCLOSURE OF PERSONAL INFORMATION
18.1 The User understands that the personal information provided is to be used by Nevarest for the purpose of performing the services. The User confirms that the information provided is accurate and complete. The User further agrees to update the information supplied, in order to ensure the accuracy and completeness of the information provided, failing which Nevarest will not be liable as a result of any inaccuracies or lack of completeness of information.
THE USER EXPRESSLY ACKNOWLEDGES THAT THEY HAVE READ THESE TERMS OF SERVICE OF SALE AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY PLACING AN ORDER WITH Nevarest ON THE WEBSITE AND/OR CONTINUING TO USE THIS WEBSITE, THE USER EXPRESSLY CONSENTS TO BE BOUND BY THESE TERMS AND CONDITIONS OF SALE.