Website terms & conditions of use

  1. Owners

    1. The website is owned by Noonoo Pie (Pty)Ltd
    2. Further contact information of this company can be found on the “contact us” section of this website.
  2. Introduction & Contract

    1. These terms and conditions govern the use of the website as defined below.
    2. Anyone who accesses and/or uses this website, whether casually or for the purpose of transacting business, is bound by the terms and conditions set out in this legal notice which constitute a valid and binding agreement.
    3. Anyone who accesses and/or uses this website who does not agree with any of the terms and conditions set out herein must not use or transact on the website as it is a pre-condition for such use or transacting on the website, that these terms and conditions be accepted.
    4. No-one may access, display, use, download and/or otherwise copy or distribute any content obtained from the website for any purpose whatsoever without the consent of the company (as defined below).
    5. Anyone using or transacting on this website or communicating with the company by electronic means acknowledges and agrees that any and all agreements, notices, disclosures or any other communication between themselves and the company are valid and binding in law, and satisfy any legal requirement that such communication / agreement must be in writing.
    6. Anyone using or transacting on this website, by doing so unreservedly accepts the terms and conditions set forth herein and recognises that they constitute a binding agreement between the company and such user/visitor.
    7. Headings have been inserted in these terms and conditions for convenience only and must not be used in, nor do they any way govern, the interpretation of any of the terms and conditions set out herein.
    8. These terms and conditions apply without exception and no variation thereof, or addition or subtraction therefrom is valid unless reduced to writing and signed by a duly authorised representative of the company.
  3. Definitions

    1. Except where the context clearly requires a contrary interpretation, the words/phrases set out below and used herein have the meanings assigned to them.
    2. “the company” is Noonoo Pie Pty(ltd)
    3. “we”, “us”, “our” refers to the company and its employees, agents and independent contractors;
    4. “user”, “visitor”, “anyone” means any person who accesses the website (as defined below) for any purpose whatsoever;
    5. “customer” means any person who transacts business on the website;
    6. “you”, “your” and any variation thereof means and refers to users, visitors and/or customers;
    7. “products” mean all of the products which are offered for sale on the website;
    8. “shipment” means the shipment of any product purchased by a customer from the company through making use of the website, to the delivery address stipulated by the customer, by any of the means provided for in these terms and conditions;
    9. “website” means the website owned by the company which can be accessed at www.noonoopie.co.za
    10. “website content” means page headers, images, graphics, illustrations, audio and video clips, text and any other material appearing on the website.
  4. Changes to Terms & Conditions

    1. The company may update and/or change any of the terms and conditions herein at any time without prior notice.
    2. The continued or repeat use of the website following any such change constitutes an acceptance by you of such change, and signifies your agreement to be bound by such changed terms and conditions.
    3. In the light of the aforegoing, you are encouraged to review these terms and conditions on each occasion that you access this website.
  5. Privacy: Casual Website Visits

    1. The website may be visited without providing any personal information. In such instances the website service will collect the IP address of your computer, but not the email address or other any distinguishing information. This information is aggregated to measure the number of visitors to and average time spent on the website, pages and items viewed, and other like information.
    2. The company uses this information to determine the extent to which the website is used or visited, and to approve website content. The company assumes no obligation to protect this information and may copy, distribute or otherwise use such information without limitation.
    3. “Personal information”, for the purpose of this clause, means the information as detailed in the Promotion of Access to Information Act.
  6. Privacy: Commercial

    1. The company sells baby products online by means of the website. The company may, in its sole discretion, extend the range of products beyond baby products, and these terms and conditions apply to whatever products the company may decide to offer for sale.
    2. The use of the website and the use of any product bought through the website is entirely at your risk. You indemnify and hold the company harmless against any loss, injury or damages which may be sustained as a result of the use of the products sold on the website, whether by you or any third party.
    3. Private information is required for executing orders placed through the e-commerce facility provided on the website. Such information consists of your name and credit card details, delivery and e-mail address and telephone numbers. Personal information will be kept in the strictest confidence and will not be sold or made known to third parties, save for the disclosure of information to third parties delivering the products, and you agree to such disclosure.
    4. The company takes reasonable precautions to secure the credit card processing necessary for payment for good purchased through the e-commerce facility provided by the website. Nevertheless, the company does not accept liability for any security breaches arising on any electronic device engaged in processing e-commerce transactions, whether resulting from the lack of adequate virus protection software or spyware, or any other cause whatsoever.
  7. Electronic Communication

    1. In visiting or using the website, you consent to receiving electronic communications from the company.
  8. Conditions for use of website

    1. The website may only be used to browse its content and for legitimate purchases and may not be used for any other purpose, including without limitation, to make any speculative, false, fraudulent, illegal or otherwise unlawful purchase.
    2. The website and website content are the property of the company and no portion thereof may be copied, reproduced, republished, uploaded, posted, transmitted or distributed. In particular, “deep-linking”, “embedding” or using analogist technology in respect of the website is strictly prohibited.
    3. Any unauthorised use of the website and/or the materials contained thereon may constitute a violation of copyright, trademark or other intellectual property rights or other laws, and if you make use of the website in any manner other than as is authorised, you indemnify and agree to hold the company harmless against any claims which may arise against the company as a result of your conduct.
  9. Intellectual Property

    1. All the website content is the exclusive property of the company is and or may be subject to trademark, service-mark, trade address, copyright and other intellectual property rights or licenses held by the company, its affiliates or by third parties license or assigned such rights, interest and/or materials.
    2. The entire website and website content is copyright as a collective work under the South African law and any other copyright laws which may be applicable, of which the company is the owner, as well as being the owner of the copyright in the selection, co-ordination, arrangement and enhancement of the website content.
    3. The website and website content are intended only for your personal and non-commercial use. Hence, you may not download, print or store selected portions of the content on any network computer or broadcast the content in any media and/or in any form or format. You may not amend, modify or alter the website and website content in any way, or delete or change any copyright or trademark notice. Should you do so, and should the company and/or any third party suffer loss as a result of your actions, you hereby indemnify and agree to hold the company harmless against any claims which may arise in that regard.
    4. If you wish to use the website content or any portion thereof, you must apply to do so by means of a written request to the company, which the company, in its sole discretion, may or may not approve.
    5. Should such approval be granted, no right, title or interest in any use of the website content by any means whatsoever, are considered as having been transferred to you, and you obtain no right, title or interest in respect of such content in respect of such content as you have been approved to use.
    6. The company always reserves and retains complete title and full intellectual property and other rights in and to the website and website content downloaded from the website and, save as provided above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the website content without first obtaining the written authorisation referred to herein above.
  10. Submissions to the website

    1. Comments regarding the website are welcomed. If you submit any comment, feedback, note, message, idea, suggestion or any other communication whatsoever (hereinafter collectively referred to as “comments”) such comments will, on submission, become and remain the exclusive property of the company.
    2. Your submission of any such comments constitutes an assignment to the company of all right, title, interest and/or copyright and other intellectual property rights in such comment and the company will, at its sole discretion, be entitled to use, reproduce, disclose, publish and distribute any material you have submitted for any purpose whatsoever, without restriction and without compensation to you in any way, as if it were its own.
    3. In the light of the aforegoing, you must not send comments which you do not wish to assign to the company, including confidential information or any creative original materials such as stories, product ideas, computer codes or any other original material.
  11. Etiquette for use of & submissions to website

    1. No obscene, profane or threatening language must be used in any messages or any in submissions or comments submitted to the website. Examples of the kind on content that is prohibited include, without limitation thereto, content which violates, facilitates the violation of, or which could violate or facilitate the violation of any applicable law, regulation, or any of the company’s rights, prescripts or policies, content which is profane, libelous, defamatory, obscene, pornographic, indecent, lewd, discriminatory, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable, or the impersonation of any person or entity in part or by suggestion.
    2. The company may (but is not obliged to) restrict or remove any and all content from a suggestion, message or comment which the company, in its sole discretion, considers a violation of the these guidelines or any applicable law, or which it considers to be harmful to it, or to constitute a violation of any of its rights.
  12. Product Information and Returns policy

    1. Information relating to products is supplied to allow you to make an informed purchase decision. Care instructions are included but the company accepts no responsibility for any errors or omissions in such instructions.
    2. The company has taken reasonable steps to ensure that colours displayed are as accurate as possible in relation to the colours of the products shown on the website. This notwithstanding, the colours you see will depend on your monitor and the company does not guarantee that the colour display you see on your monitor will necessarily be an accurate match to that of the product which it relates
    3. We do hope you love our products as much as we do, but should you wish to return your product, you may do so within 14 days of delivery by contacting us at info@noonoopie.co.za.  You are responsible to send the product back to us via a shipping means of your choice provided it has a tracking service. Alternatively, we can send our courier service to collect from you and will deduct the collection fee from the refund. Once we receive the product, we will refund you provided the product is in its original, “as new” condition.
    4. If you receive a faulty or damaged product,  we will replace it for you as soon as possible at no extra cost to you.
    5. The company is not obligated to refund for products which have been gifted to you and not purchased by yourself.
  13. Prices

    1. Prices displayed on the website are in ZAR (South African Rand.) For legal purposes all processing of prices by means of the Payfast will be done in ZAR.
    2. The company is a VAT registered entity and accordingly, all prices include VAT.
    3. Goods purchased will only be released for delivery once the full purchase price and all related charges have been paid in full.
    4. Prices quoted exclude custom charges, insurance costs, taxes, duties, quarantine charges, storage charges, dangerous goods surcharges and any unforeseen expenses or imposts imposed by customs, shipping and handling agents or any other parties or lawful authorities.
    5. Costs incurred as a result of delays resulting from incomplete or incorrect documentation, or the absence of necessary documents required for a specific country are for your account and the company accepts no liability in this respect.
    6. If transit times and/or shipment dates are provided, these serve as a guideline only and do not constitute a contractual term. They serve as best estimates, and are always subject to, inter alia, customs release delays, the availability of space, and any other unforeseen factors playing a role in the shipment of the goods.
  14. Payment

    1. The company accepts Visa and Master cards. Credit card transactions are processed by Payfast (Pty) . Payfast  uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website. You are advised to go to www.payfast.co.za to view the security certificate and security policy.
    2. When using the credit card payment facility, you warrant that you are fully authorised to use the credit card or bank account supplied for the purposes of paying for your order and that that credit card or bank account has sufficient available funds to cover all of the costs incurred as a result of your use of the services.
    3. When an order is placed the transaction details are presented to your bank and an authorisation is obtained for the amounts payable in respect of the order placed. If such authorisation is not obtained the order will be cancelled. If authorisation is obtained payment is usually immediate and your credit card will be debited accordingly.
    4. Your personal information is stored separately by the company from the credit card details which are entered by you on the Payfast secure site.
  15. Record of Sales

    1. A record of every purchase or related transaction between you and the company is maintained for 12 months following the date of the purchase or related transaction. You accept responsibility for retaining your own record of the relevant purchase or related transaction post the 12 month period.
  16. Delivery / Shipment Policy

    1. Shipping takes place via courier companies of the company’s choice. The couriers we nominate have the facility for tracking parcels to ensure that your parcel arrives safely at the delivery address and the parcel can be tracked at all times.
    2. Shipping to rural areas that are not serviced by our courier providers is done via the South African Postal services. Your parcel will be sent with a tracking number so we can trace your parcel at all times.
    3. You must specify the place of delivery and the contact number(s) to be used in relation to the delivery for each order, when you place such order. We accept no responsibility whatsoever for incorrect delivery and/or contact details.
    4. For courier service to main centers, products will be delivered to the delivery address specified by you during the order process and should no-one be at the address when delivery is made, our courier will contact the mobile number you have provided in the relevant order. Alternatively a notice of attempted delivery will be left at the delivery address. The courier will attempt re delivery one more time thereafter, but if it is again unsuccessful, it is your responsibility to contact the courier company to either arrange to collect the parcel from the nearest courier depot or to agree on a new delivery date with the courier.
    5. If you fail to contact the courier within a reasonable time the package may be returned to the company which will contact you only once by email to arrange a possible re-delivery, but this time at your expense. If this contact is unsuccessful the company will refund your money, after having deducted the shipping costs incurred as a result of the unsuccessful delivery, provided that the product is in a new condition, capable of resale, when returned to the company.
    6. For outlying or rural areas, you will receive a notification from the South African postal services that your parcel has arrived and it it your responsibility to collect from the post office within 3 weeks of its arrival, failing which it will be returned to sender.
    7. Notwithstanding that the company nominates the couriers or the South African postal services, the courier or South African postal services is for all purposes deemed to be your agent and each delivery is deemed to have been made as between the company and you once the product has been handed over to the courier or the South African postal services.
    8. If we cannot track a package which you have not received, you must inform the company and if the package is found it will be sent to the specified delivery address, following the normal delivery procedure. Failing its being found, the package will be declared lost, and we will notify you and refund you for the purchase price of the goods dispatched, as well as shipment charges, provided that you establish that such loss was not due any act or omission on your part.
    9. While the company makes every effort to process and ship orders within 7 working days, this is subject to stock availability and receipt of payment from you.
    10. The company reserves the right to cancel an order for which payment has already been received, in which event you will be refunded in full for the payment you have made. This may occur due to insufficient stock or the quality of goods ordered and received by the company not being in accordance with the company’s standards.
    11. Should you cancel an order for which payment has already been made, the purchase price will be refunded to you provided the order has not alread been dispatched. If  dispatch has taken place, you will have to follow the returns procedure stated above.
    12. Where the delivery address is situated outside the Republic of South Africa, additional shipping and other charges may apply and it is your responsibility to clarify the full cost of shipment before the order is finalised and dispatched.
    13. The company accepts no responsibility for the loss of packages due to an inexact or inaccurate address having been supplied.
    14. It is your responsibility to ascertain what import, value added tax, sales tax or any similar or like charges might be imposed by the country in which the delivery address is situated, and the company is not responsible for payment of any such charges.
  17. Disputes

    1. Save for interim or urgent relief which may be granted by a competent court, disputes between the company and you in respect of any dealings you may have with the company which are not resolved satisfactorily within 30 days may be submitted to confidential and expedited arbitration in terms of the Rules of the Arbitration Foundation of South Africa.
    2. Notwithstanding anything to the contrary contained in the Rules of the Arbitration Foundation of South Africa, the appointed arbitrator must be a practicing attorney or advocate of not less than 15 years standing and the arbitration must be held in Durban, and in accordance with the principles of South African law.
  18. Disclaimer

    1. Except to the extent that liabilities are imposed on the company in terms of the:
      1. Consumer Protection Act, 2008 in relation to any products you may purchase on the website; and
      2. Electronic Communications and Transactions Act, 2002 neither the company or any of its employees, agents or representatives are liable for any damage, loss, or liability of whatever nature, arising from the use of, or inability to use this site, the services provided thereon from the content provided by and through the website and no representations or warranties, implied or otherwise, are made that the content and technology available from the website are free of errors or omissions or that the service in terms thereof will be uninterrupted and error free.
    2. While some products sold through the website may be under warranty, the website itself is supplied on an “as is” basis and has not been compiled or supplied to meet your individual requirements. It is your sole responsibility to satisfy yourself prior to accepting these terms and conditions, and prior to using and/or transacting on the website, that the service available from and through the website will meet your individual requirements and be compatible with your hardware and/or software.
    3. Save to the extent that it is provided otherwise in terms of the Consumer Protection Act, 2008 (South Africa), the company accepts no liability of any description in respect of any loss, injury or damage suffered as a result of the purchase, use or possession of any of the products sold on this website, and you indemnify the company against any and all claims which may arise, whether relating you or any third party, from the purchase, use and or possession of any products sold in terms of this website. Products sold by means of this website are considered fit for use only if used in accordance with their intended purpose, and specified by any care instructions which may relate to them.
    4. The information, ideas and opinions which appear or which are expressed on the website are not to be regarded as professional advice or the official opinion of the company, and you must consult professional advice before taking any course of action relating to any of the website content, or any information, ideas or opinions which appear on the website.
  19. Applicable Law

    1. The website is controlled from the Republic of South Africa and its use, and any transactions concluded through the website, are governed by the law of South Africa. By visiting, using, accessing or transacting on this website you submit to the exclusive jurisdiction of the arbitration clause above, and/or the jurisdiction of the South African Courts.
  20. Severability

    1. The provision of each of these terms and conditions is separate and severable from the remaining terms and conditions. If any provision or provisions is/are found by any Court of competent jurisdiction to be invalid and/or unenforceable, then notwithstanding such finding the remaining provisions of these terms and conditions will continue to be of full force and effect.

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