Terms and Conditions

Introduction

The Nuwen Design online shop can be accessed at www.nuwendesign.co.za, related mobile sites and applications (“the site”). The site enables buyers to shop for breastfeeding and maternity clothes ("the products”) online and have them delivered door-to-door within South Africa. All visitors to the site ("users" or "you") will be able to see the products on offer, but only those who have registered for an account with Nuwen Design ("account holders” or “you”) are able to buy.

Legally binding contract

All users and account holders, including those that buy from the site ("buyers") are bound by these terms and conditions ("T&Cs"). By registering, or using the site at all, you confirm that you've read, accepted and agreed to be bound by these T&Cs. Should there be any clause in these T&Cs that you do not understand, the onus is on you to ask Nuwen Design to please explain the relevant clause to you before you accept the T&Cs by using or buying from the site.

With whom are you entering into a contract?

The site is owned and run by Nuwen Design, a company incorporated in the Republic of South Africa (herein after referred to as “Nuwen Design”). 

Products and availability

Please note that the stock of all items on offer is limited and all items are made on order. Nuwen Design will make all reasonable attempts to ensure that special offers are brought to an end when stock runs out. If it happens that Nuwen Design is unable to fulfill any order at the advertised price because stock is sold out, Nuwen Design will inform you via email and you'll be entitled to a reimbursement for the Rand value you have paid for such product. 

More simply put:
Nuwen Design is an awesome online fashion store, but there are some rules. One, you need to register to shop. Two, there are terms and conditions and when you use the site, we take that to mean that you’ve read, understood and accepted them. Three, as in all the best stores, products do sell out, especially when they’re on special. Should this happen to you, you’ll be refunded the exact Rand value you paid.

Buying products

The site allows you, the client to place electronic orders ("order") for one or more products on offer as long as such products are available and not sold out.
A purchasing contract ("sale") between you and Nuwen Design only comes into effect once you have fully completed AND submitted the online order form for one or more products in your shopping cart (“cart") AND your payment has been received by Nuwen Design.
The above is dependent on the product being available.
Products on Nuwen Design cannot be reserved to be bought at a later stage, and placing an item in your cart without completing the order does not amount to a “sale”.
This means that Nuwen Design may remove any product(s) from your cart before the sale actually takes place, in the event of the product going out of stock.
Nuwen Design cannot be held responsible if the product(s) you added to your cart have become unavailable when you try to complete the sale.
A tax invoice will be emailed to the email address on your Nuwen Design profile. A delivery note will be included with your order – please note that no prices are visible on the delivery note.

More simply put:
It’s easy. You add products to your cart, submit your order and as soon as we’ve received your payment, and if your product is available, we have a deal. There’s just one thing: to give everyone a fair shot at shopping on Nuwen Design, we cannot reserve the products in your cart. Best check out before someone else does.

Cancelling and ending orders

Nuwen Design reserves the right to refuse the processing of payment for any order and/or to cancel any purchase, partially or completely, with notice given to you.
Nuwen Design will be liable for reimbursing you the rand value paid only if you have already paid for the cancelled order. You have the right to return non-defective products purchased within 5-days of the order being delivered.

More simply put:
Sometimes things don’t work out and an order has to be cancelled. If that happens we’ll be sure to let you know. And sometimes what you bought isn’t exactly what you wanted. No problem. Returns are free within 5 days and we’ll refund you.

Fraud

Nuwen Design reserves the right, in the interest of preventing fraud, to refuse the processing of payment for any order and/or to cancel any purchase, partially or completely.
Nuwen Design may request documentation to complete the necessary fraud checks and cancel any order where the necessary documentation is not provided in a timely manner.
In the event of a fraudulent purchase being placed on Nuwen Design, cardholders will be advised to initiate a chargeback via their bank in order to be refunded. Nuwen Design does not process refunds for orders suspected of fraud.
Nuwen Design does not provide order details relating to orders suspected of fraud.

More simply put:
Fraud happens. We’re pretty sharp when it comes to sniffing it out, and our response is simple and effective: do the checks, cancel the order, done.

Product Pricing

The price of each product is given on the product information page (“the product page”) on the site.

The Regular Retail Price

The Regular Retail Price (“RRP”) is the standard price that Nuwen Design charges for the product. 
When a product is not on sale, on special, or included in a discount promotion, the RRP is the price you will pay when you purchase the product (“purchase price”).
Please note that RRPs can change over the course of several seasons over which the product may be sold. The RRPs applicable at the time the product is introduced may differ from the RRP at the time of your purchase.

The Discount Price

When Nuwen Design is having a sale, or is running a discount centric promotion on specific products on the site – the discount price is shown on the product’s product page, as well as the Regular Retail Price (“RRP”). The discount price will be shown in red and the RRP will be shown alongside it – but will be crossed out.
When a discount price is shown on the product page, the discount price is the price you will pay when you add the product to your cart at the discounted price, and conclude the sale at the discounted price i.e. the purchase price.

Pricing accuracy

Every reasonable effort will be made to ensure that the RRP and, if applicable, the Discount Price of all products on Nuwen Design are correct at the time of your purchase. If, however, the product is offered at an erroneous price, Nuwen Design will not be obliged to supply the said product at the incorrect price.
Nuwen Design will only be liable to return payment already made by you in the case you choose to cancel the sale once you have been made aware of the correct price.

More simply put:
We try to offer the best prices we can on all our products. From time to time, products are discounted – when we have a sale, and when we run a promotion. Products on sale display both the original price and the discounted price (in red). However, when products are discounted during a promotion, the amount you save is displayed at checkout after you enter a voucher code. Please note that the only way to be refunded for an incorrectly priced product is if you cancel the sale.

Nuwen Design delivers inter alia via Courier Guy Courier Services

Standard Courier Delivery

For orders of R900 or more, Nuwen Design delivers free of charge within South Africa, with either standard delivery, to the post office or to your nearest pick up point.
Any orders under R900, Nuwen Design charges a non-refundable R99 fee to deliver depending on where you’re located.

Standard courier delivery is available for certain areas outside of main centres.  A non-refundable R99 delivery fee is applied for deliveries outside of main centres.

Nuwen Design does not deliver to PO Box addresses.

Courier Guy has erected kiosks in small towns were you can pick up your delivery and also return an item if it should be necessary.

Every reasonable effort is taken to ensure that the delivery costs displayed on the site are correct at the time of your purchase. However, if a delivery fee is incorrectly displayed, Nuwen Design will not be obliged to deliver products at an incorrect delivery fee. Nuwen Design will only be liable to return payment already made by you in the case you choose to cancel the sale once you have been made aware of the correct delivery fee.

More simply put:
Free delivery is something we’re really proud of. The only cases where delivery is not free is when the total value of your order is less than R900 delivery cost: R99. 

Making a payment

You can pay on Nuwen Design website using your Visa or Master credit card or debit card, or by Electronic Funds transfer (EFT) 

Paying by credit card
Nuwen Design accepts payments made by Visa and MasterCard Credit Cards as well as chipped debit cards that have been activated for online purchases.
When you place an order, the transaction details are presented to the bank for authorisation of the payment amount.
If authorisation is not obtained, the order is cancelled. If authorisation is obtained, payment is usually immediate. You guarantee that you are fully authorised to use the credit card for payment of your order and that there are sufficient funds in this credit card account to cover the costs of any transactions you complete on Nuwen Design.

Paying by EFT:
Instant EFT payment is available to all Nedbank, Standard Bank, Capitec, FNB and Absa customers. These payments are processed immediately and provide a secure transfer for immediate payment.

SAFE
We make use of Payfast with all their security features.
Your online banking login details are NOT stored.

Standard courier Deliveries: See section on Deliveries and Returns

Defective items, returns and reimbursement: See section on Deliveries and Returns

Sales records

Complete records of each transaction between you and Nuwen Design are kept on the site for 12 months after a particular purchase or related transaction. During this time, you'll be able to view and print out these records. After the 12-month period the responsibility of keeping Such record falls onto you.

More simply put:
Your order history is available on site for 12 months after purchase.

Competitions & Promotions

Nuwen Design may release printed or digital discount coupons (“coupons”) from time to time. Such coupons may be available through the website and/or from third-party websites, in magazines and other media. Coupons can be used to secure a discount on the site as long as the coupon is valid. Given expiry dates cannot be moved.

More simply put:
Every time we offer a promotion or discount, send you a voucher or run a competition, we are obliged by law to publish the terms and conditions on the Nuwen Design website, meaning right here. Please check these for details of exclusions, closing dates and refunds on returns.

ANY PROMOTION OR DISCOUNT does have an expiry date.

Any discount or promotion runs site wide across Nuwen Design’s website and mobile site.
The promotion is valid for a limited time.
To claim your discount, go to checkout.
Please note items in your cart are not reserved until you have checked out.
Order value must exceed R900 for free delivery.
Returns will be refunded at the actual rand value paid after the discount is applied.
Nuwen Design reserves the right to stop the promotion at its own discretion.

Gift Vouchers

Electronic gift vouchers can be purchased on the Nuwen Design website. Nuwen Design gift vouchers can only be redeemed while they are valid. Their expiry dates cannot be extended.
Vouchers cannot be used to purchase other Gift Vouchers or exchanged for cash

General terms of Nuwen Design gift vouchers:

Gift voucher's value can be set by you, to any value between R299 and R10 000.
The chosen value must be in rands, no cent values are permitted.
You may use more than 1 gift voucher per transaction, should you wish to.
If a gift voucher is used to purchase a cart that is of lower value than the voucher, the residual amount will be tied to the voucher code.
You can check the balance of a gift voucher within your user account section.
If you have a gift voucher, that voucher can be used by someone other than you and you can assign your rights to use that voucher. We assume no liability for the loss, theft or illegibility of gift vouchers.
You may purchase gift vouchers for use on the Site by yourself or as a gift. These gift vouchers will be sent to you or your chosen recipient via email.
Gift vouchers cannot be used to buy further gift vouchers.
The credit of a gift voucher does not accrue interest nor does it have a cash value.
Gift vouchers are not refundable for cash once purchased.
If the credit of a gift voucher is insufficient for the Order you wish to make, you may make up the difference through either Credit Card or EFT.

More simply put:
An electronic gift voucher is an awesome gift. But note these important points: (a) gift vouchers have expiry dates – make sure you shop while the voucher is valid; (b) you cannot use your gift voucher to buy other gift vouchers and (c) you cannot exchange a gift voucher for cash. That’s it. It’s still a really smart and effortless way to do gift-shopping.

Security

Anyone downloading or attempting to download malware or damaging coding on this site, or who tries to gain unauthorised access to any page on this site, will be prosecuted.
Nuwen Design will claim civil damages from such person if Nuwen Design suffers any damage or loss.
You agree and guarantee that the username and password you use to log in is for your personal use only, and will not be passed on to any third party.
You allow Nuwen Design to take all steps reasonably possible to ensure the integrity and security of the site and in the administrative office.
All credit card transactions on the site are protected by SSL (Secure Socket Layer) encryption and reinforced by various encryption processes with the aim of offering the most effective possible protection of any sensitive information. Nuwen Design has no access to any confidential information regarding your payment method.
Nuwen Design's registration documents and the registered domain name are verified.

More simply put:
We attempt to keep shopping at Nuwen Design safe and secure and we care a great deal about keeping it that way. That means if anyone tries to hack our site, they will have their day in court.

Indemnity

Nuwen Design is responsible for adhering to the Consumer Protection Act 68 of 2008 ("CPA") with the sale of any products from the site. Similarly, Nuwen Design is responsible for adhering to articles 43(5) and 43(6) of the Electronic Communication and Transactions Act in terms of payment systems and security.

However, neither Nuwen Design nor any of its representatives will be held responsible for any loss or accountability of any kind that arises from the use of (or inability to use) this site, its services or content.

Furthermore, Nuwen Design provides no guarantee, implied or otherwise, that the content or technology attached to this website is free or errors or omissions. Nor is there any guarantee whatsoever that service will be 100% uninterrupted or faultless. We encourage you to report any possible malfunctions and errors by emailing hello@nuwendesign.co.za.

Although the products on the site may be under guarantee, the site itself is offered on an "as it is" basis and is not set up or delivered according to your individual specifications.

It is your responsibility, before accepting these T&Cs, to determine whether the service available through this website satisfies your individual needs and is compatible with your hardware or software. Information, ideas and opinions expressed on this web site should not be regarded as professional advice, or as Nuwen Design's official stance.

We encourage you to obtain professional advice before taking any action on the strength of information, ideas or opinions expressed on this site.

More simply put:
Bear in mind that by using our site you agree to accept our terms and conditions, and please use the site responsibly. Also if you don’t like the trends for next season or the way our fashion team suggests you wear a key item, please feel free to ignore it.

Applicable Laws

This site is offered, controlled and run from the Republic of South Africa.As Such it is governed by South African legislation, and subject to the disputes clause in these T&Cs.
You and Nuwen Design are subject to the non-exclusive jurisdiction of the South African courts. Each and every section of these terms and conditions must be read as individual and separable from the rest of the terms and conditions.
Should any court or qualified authority find that any of the terms are invalid or unenforceable, the remainder of the terms and conditions will remain standing, despite invalidity or unenforceability of an individual term.

More simply put:
Should one or more of these terms and conditions be found invalid by a court of law, it doesn’t follow that the rest are invalid.

Privacy 

Nuwen Design website visitors, subscribers, registered account holders and shoppers are subject to the privacy policy.

Changes to Terms and Conditions

Nuwen Design may, at its own discretion, change these terms and conditions or any part thereof. As indicated in the T&Cs, it is the responsibility of the registered account holder or user to familiarise yourself with the T&Cs before using the site. By registering, or using the site at all, you recognise that you've read, accepted and agreed to be bound by these T&Cs.

More simply put:
We can change these terms and conditions at any time, so please keep up.

Disputes

Barring urgent or interim legal determination that may be granted by a court of law: In the event of any disputes of any kind between you and Nuwen Design, arising out of any situation catered for in these terms or conditions (or that arises out of these terms and conditions) and that cannot be resolved the dispute may be presented for confidential arbitration.

Such arbitration will be handled according to the rules stipulated by the Arbitration Foundation of South Africa.

Legal notice address:
Nuwen Design elects their legal representative's address for all purposes regarding these terms and conditions, whether for legal notices or serving of other communication documents of any kind.

An electronic copy is to be sent to hello@nuwendesign.co.za  (Such copy must be delivered in conjunction with physical copy for serving to be effected.)

More simply put:
We hate a fight but if there is no other way to settle a dispute, the issue will be resolved through confidential arbitration.

Terms and Discontinuation

These terms and conditions take effect on the date of first publication on the website and continue indeterminately. They may be revised by Nuwen Design from time to time (as described above), for as long as the website continues to exist and be operated. Nuwen Design is entitled to terminate these terms and conditions or close down the website at any time, subject to processing any pending purchases.

If you don't meet your obligations regarding these terms and conditions, including any incidents about payment and price or an order, and you neglect to rectify Such non-adherence within 5 working days after Nuwen Design has instructed you to do so, your access to the service will be blocked.

We have the right to close your account and deny you access to the site, depending on the severity of your actions. Such action on the part of Nuwen Design will not have any negative effect on any damages Nuwen Design may claim.

More simply put:
It is within our rights to shut down this website (but don’t worry we have no plans to do so). It is also within our rights to block you from using our services, if your conduct violates these terms and conditions. In short, play dirty and you’re out.

Copyright and other intellectual property
Any and all copyright relating to the website, including these terms and conditions, is held by Nuwen Design.  All rights not expressly given are reserved. You may download, view and print content from this site only for private and non-commercial ends. To obtain permission for commercial use of any content from this site, please send an email hello@nuwendesign.co.za. Nuwen Design is unable to edit or screen all content on the site, and will not be held accountable for illegal, libellous or obscene content. We advise you to inform Nuwen Design of any offensive or illegal material.  All content, trademarks and data on this website, including but not limited to software, databases, text, graphics, icons, links, private information, designs and agreements, are the property of or under licence of Nuwen Design. As Such they are protected by local and international legislation and agreements.

More simply put:
The rights to everything on this site belongs to us although we don’t mind sharing it with you as long as you don’t use it for commercial ends. We won’t be held accountable for illegal or obscene content on our site and we’re pretty sure there isn’t any. If you do find some please let us know; we’ll remove it pronto.

Electronic communication

When you sign up for a Nuwen Design newsletter, opt into marketing communication, register an account, conclude a purchase, visit the site or send an email to hello@nuwendesign.co.za, you agree to get electronic communication from Nuwen Design.

More simply put:
Emailing will happen – when you register an account, shop on Nuwen Design, sign up for our newsletters or mail us.

Links, 'Framing', 'Spiders' and 'Crawlers'

No person, business or website may be linked to any page on this site without prior written permission from Nuwen Design. Such permission can be requested by sending an email to hello@nuwendesign.co.za.

Links to non-Nuwen Design sites given on this website are provided “voetstoots” and Nuwen Design does not necessarily agree with the content of Such sites, which Nuwen Design is unable to edit or underwrite.

No person, business or website may use any technology to glean information from this site without prior written permission from Nuwen Design. Such permission can be requested by sending an email to hello@nuwendesign.co.za.

More simply put:
Don’t be linking our site to yours without obtaining permission first.

Nuwen Design Corporate Information

The Electronic Communication and Transactions Act determines that when goods or services are provided via certain electronic transactions, the seller must make certain information public on the site where the goods or services are offered.

Read on http://www.internet.org.za/ect_act.html