Introduction and Agreement
This website (“Site”) is owned by Nuvé (“the Company” / “us” / “we”).
The Site incorporates the Nuvé Online Site and, except where the context otherwise indicates, references to “the Site” include the Nuvé Online Site. The Site promotes the sale of the Company’s products as well as other products (collectively “the Products”).
By shopping or browsing on this Site, you:
- Represent and warrant that you have read and understood these terms and conditions as well as the policies displayed on this Site; and
- Agree to be bound by these terms and conditions as well as the policies (collectively “the Agreement”).
PLEASE DO NOT USE THIS SITE IF YOU DO NOT ACCEPT, AND AGREE TO BE BOUND BY THIS AGREEMENT.
Product Pricing and Availability
The Products displayed on this Site are subject to availability. The Company reserves the right, without prior notice, to discontinue or change pricing or specifications on products and services offered on this Site without incurring any liability whatsoever.
Nuvé deserves the right to remove all discount codes on major sale days such as Black Friday. No previously acquired discount codes can be applied on such days.
We have made every effort to display as accurately as possible the colours of the products that appear on the Site. As the actual colours you see will depend on your computer’s monitor, we cannot guarantee that your monitor’s display of any colour will be 100% accurate. Nuvé will not grant refunds or returns if the customer feels that the product does not look exactly like that in the picture.
The Company may, in its sole discretion, suspend or terminate the operation of the Site at any time without prior notice to you and without the need to give you reasons for such termination or suspension.
We may change the terms of this Agreement from time to time without notice to you. Any amendments will take effect immediately on posting of the amendments on the Site. You shall be deemed to have accepted any changed terms should you continue to use the Site.
If any provision of this Agreement is unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of the remaining terms.
This Agreement constitutes the whole agreement between the parties relating to the subject matter hereof. Any indulgence of extension of time granted by the Company to you shall not be construed as a waiver or variation of any of our rights or remedies.
At the option of the Company, any dispute arising out of the Agreement may be brought in any Magistrates’ Court of competent jurisdiction notwithstanding that the amount in issue may exceed the jurisdiction of such court.
The Site is hosted and managed in the Republic of South Africa and this Agreement is accordingly governed by the laws of the Republic of South Africa.
Any dispute of any nature whatsoever arising between the parties on any matter provided for in, or arising out of this Agreement, may be submitted to confidential arbitration in Durban, South Africa in terms of the expedited rules of the Arbitration Foundation of Southern Africa.
When you use or visit this Site, or send electronic communications to the Site including, without limitation, e-mails or place orders for Products, you:
- Consent to receiving communications from the Company electronically;
- Agree that all notices, disclosures and other communications sent by the Company, including this Agreement, satisfies any legal requirements, including but not limited, to the requirement that such communications should be ‘in writing’;
- Agree that the Company may use your information to contact you about promotions and special offers if you have indicated during registration that you would like to receive such information. You are entitled, at any stage, to opt out of this service.
- Agree that the Company may disclose your personal information in response to a specific request by a law enforcement agency, subpoena, court order, or as otherwise required by law, e.g. for accounting purposes.
Nuvé ONLINE SITE TERMS
To purchase products from Nuvé, you must first register your personal information. Registration and/or use of the Nuvé Online Site constitutes acceptance of this Agreement by you, and shall accordingly apply as between the Company and yourself.
To register to buy products, you will be required to provide us with your personal information including payment details and your South African delivery address and contact information to enable us to verify who you are and deliver any products that you have bought.
You may be required to choose a user name and a password or elect to checkout as a guest customer. Please ensure that your password is securely kept. The Company accepts no liability for any damages suffered or losses incurred as a result of the misuse or loss of your password. In this regard you represent and warrant that your user name and password shall:
- Be used for personal use only; and
- Not be disclosed to any third party.
You will be required to login with your username and password each time you want to buy Products on the Nuvé Online Site. Should you want to review and/or change any of your personal information, please navigate to ‘My Account’.
Guest customers will not have a registered account. You will be able to track and trace the progress of your orders delivery, using the link in the email that is sent to you. Your delivery address and contact details are required to facilitate the delivery of your order.
The Company will endeavour to ensure that your personal information and/or Credit Card details are protected as they travel over the Internet. Given the current state of Internet technology however, there is no guaranteed secure transmission of data over the Internet. Therefore, the Company cannot guarantee the absolute security of any information you transmit to us or which the Company transmits to you.
Subject to availability, the price you pay for products will be the price shown on the Nuvé Online Site on the date that you pay for such products.
Special promotions may be subject to certain conditions, including stock availability and limited offer stipulations. Time-based pricing is only available during the times and dates stipulated on the Site.
The price of each product is the price displayed on the Nuvé Online Site. In the event of a Product being on special, this price will be displayed. All prices are quoted in South Africa Rand (ZAR). Delivery costs are calculated, taking into account the area of delivery as well as the weight and product dimensions of each Product being delivered and are quoted separately.
Whilst all precautions are taken by the Company to provide the correct pricing on this Site, in the event that an error does occur, the Company will make every effort to contact you to cancel the purchase and provide a full refund for the original amount paid. As such the Company will not be obliged to provide you with the affected Product at such incorrect price.
Free delivery promotions are limited to website orders only.
Prior to delivery of the Products to you, the Company shall be entitled to debit the Credit Card supplied by you on acceptance of your order should you be paying with a Credit Card.
Should you pay for the Products via EFT the Products will only be delivered to you once your payment has cleared in the Company’s bank account and is reflected as a payment on the Company’s bank statement within 3 working days of date of the placement of your order.
In order to protect our interests as well as yours, the Company may scrutinise transactions to prevent attempted fraud. A transaction may be refused if the Company is not satisfied that it is legitimate.
No other method of payment, including gift vouchers, will be accepted by the Company in respect of the purchase of Products on the Nuvé Online Site.
The Company cannot always guarantee the availability of stock. If we are unable to supply each and every Product ordered or in the quantities ordered, you nevertheless agree to accept delivery and make payment for the items correctly delivered. Stocks of all goods on offer are limited. The Company shall use its reasonable efforts to discontinue the offer as soon as stock is no longer available.
Under no circumstances will the Company be liable to you for failing to supply Products ordered by you if the shortage of stock or capacity is due to circumstances beyond the Company’s control. In such circumstances, the Company will take reasonable steps to inform you of the shortage of stock or capacity as soon as it is practicable to do so.
Confirmation of Orders
Orders placed on the Nuvé Online Site constitute your offer to purchase Products subject to this Agreement. Your offer is deemed to have been accepted by the Company when payment is received from the issuing bank in the case of payment via Credit Card, or when your payment reflects on the Company’s bank statement in the case of payment via EFT. Failure by the Company to formally confirm or notify acceptance shall not affect the validity of the sale or the enforceability thereof.
Risk and Ownership
Risk in the Products shall pass to you upon delivery of the Products at the delivery address chosen by you. Until payment is received in full for any goods sold, ownership in the Products shall remain with the Company and such Products shall be returned and/or surrendered to the Company following receipt of a default notice from the Company.
Agreement of Sale
An agreement of sale in respect of a Product between the Company and you can only come into effect if and when a Credit Card authorization is received by the Company from the issuing bank or when the Company’s bank statement reflects your payment via EFT, and the order has been invoiced. The Company reserves the right to:
- Refuse to accept and/or execute an order without giving any reasons, and
- Cancel orders in whole or in part in its sole and absolute discretion.
To the extent that the Products are altered contrary to the instructions, or after having been delivered to the delivery address stipulated by you the Products or property in which the Products are installed have been subjected to misuse or abuse, the Company and/or manufacturer of the Products will not be obliged to honour any warranties applicable to such Products.
Warranties do not apply to ordinary wear and tear. Warranties do not apply to any products currently listed on the site.