Terms & Conditions
This website can be accessed at www.naxlav.com, related mobi-sites and software applications (the “Website”) and is owned and operated by Naxlav (Proprietary) Limited (“Naxlav”, “we”, “us” and “our”).
These Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, Services and the use of the Website.
These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
The Website enables you to shop online for a range of products and services (“Goods”).
Product pages and/or descriptions that contain the stock status; ‘Supplier has stock’, ‘Available on backorder’, ‘On Backorder’ and/or ‘Backordered’ define (“Backorder Goods”). These Goods are stocked by our suppliers and will be backordered for you once we receive payment for order of such goods. A Summary of special terms which apply to Backorder Goods is available here.
These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –
- may limit the risk or liability of Naxlav or a third-party; and/or
- may create risk or liability for the user; and/or
- may compel the user to indemnify Naxlav or a third-party; and/or
- serves as an acknowledgement, by the user, of a fact.
Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Naxlav to explain it to you before you accept the Terms and Conditions or continue using the Website.
Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Naxlav in terms of the CPA.
Naxlav permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.
You agree to notify Naxlav immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
By using the Website, you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Naxlav representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised Naxlav representative.
Pricing and Availability
All pricing is quoted in South African Rand (ZAR).
Users may place orders for Goods, which Naxlav and/or its supplier(s) may accept or reject. Whether or not Naxlav or its supplier accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorisation by Naxlav for the Goods.
NOTE: Naxlav will indicate the acceptance of your order by delivering the Goods to you or allowing you to collect them, and only at that point will an agreement of sale between you and Naxlav come into effect (the “Sale”). This is regardless of any communication from Naxlav stating that your order or payment has been confirmed. Naxlav will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
Prior to delivery or your collection of the Goods, you may cancel an order provided you do so before receiving a dispatch or delivery notice, subject to the following exclusion; Orders for Backorder Goods can not be cancelled after payment has been made because they are being procured at your request.
After delivery or your collection of the Goods, you may return the Goods only in accordance with the Returns Policy.
Placing Goods in a Wish list or shopping basket without completing the purchase cycle does not constitute an order for such Goods, and as such, Goods may be removed from the shopping basket if stock is no longer available or the price thereof might change without notice to you. You cannot hold Naxlav liable if such Goods are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.
You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. Naxlav will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Goods are no longer available after you have placed an order, Naxlav will notify you and you will be entitled to a refund of any amount already paid by you for such Goods.
In the case of Backorder Goods, Naxlav relies on inventory information supplied by the relevant supplier and Naxlav accordingly bears no liability for any inaccuracies in the information supplied to it. When Backorder Goods are no longer available after you have placed an order, Naxlav will notify you and you will be entitled to a refund of any amount already paid by you for such Goods.
All goods remain the property of NAXLAV (PTY) LTD until paid in full.
We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
payment can be made for Goods via –
- debit/credit card: where payment is made by debit/credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Goods will be cancelled. You warrant that you are fully authorised to use the debit/credit card supplied for purposes of paying the Goods. You also warrant that your debit/credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;
- manual electronic fund transfer (EFT): Naxlav may cancel your order if payment has not been received within 3 (three) days of placing your order. If International transfer fees/deductions are applicable your order will remain pending and we will contact you to request payment of such fees or refund your payment(less fees/deductions if applicable) if you choose to cancel instead.
Once you have selected your payment, you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.
Collection and Delivery
Naxlav offers 2 (two) methods of delivery of Goods to you. You may select between:
For more information about collection and delivery, please see our Collection & Delivery page, which are incorporated into these Terms by reference. You will see the applicable delivery charges in your cart when you check out.
Where it accepts your order, Naxlav will deliver(if applicable) the Goods to you as soon as reasonably possible, but no later than 30 (thirty) days of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase price.
Naxlav’s obligation to deliver a product to you is fulfilled when you collect the product or we deliver the product to the physical address nominated by you for delivery of the order. Naxlav is not responsible for any loss or unauthorised use of a product, after it or it’s courier partner has delivered the product to the physical address nominated by you.
For more information about returns, please see our Returns Policy page, which are incorporated into these Terms by reference.
We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website, we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy.
Naxlav shall not be bound by any incorrect information regarding our Goods displayed on any third-party websites.
E & O E – Errors and omissions excepted.
Changes to these Terms and Conditions
Naxlav may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.
Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.
Ownership and copyright
The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of Naxlav, its advertisers and/or sponsors and/or is licensed to Naxlav.
You will not acquire any right, title or interest in or to the Website or the Website Content.
Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law.
Where any of the Website Content has been licensed to Naxlav or belongs to any third-party, your rights of use will also be subject to any terms and conditions which that licensor or third-party imposes from time to time and you agree to comply with such third-party terms and conditions.
The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
Whilst Naxlav takes reasonable measures to ensure that the content of the Website is accurate and complete, Naxlav makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by Naxlav’s representatives, Naxlav shall not be bound thereby.
Naxlav disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.
Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
Any views or statements made or expressed on the Website are not necessarily the views of Naxlav, its directors, employees and/or agents.
In addition to the disclaimers contained elsewhere in these Terms and Conditions, Naxlav also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Naxlav, its employees, agents or authorised representatives. Naxlav thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.
Linking to third-party websites
This Website may contain links or references to other websites (“Third-party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third-party Websites and Naxlav is not responsible for the practices and/or privacy policies of those Third-party Websites or the “cookies” that those sites may use.
Notwithstanding the fact that the Website may refer to or provide links to Third-party Websites, your use of such Third-party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third-party Websites or your reliance on any information contained thereon.
Limitation of liability
Naxlav cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of Naxlav, its employees, agents or authorised representatives.
NAXLAV SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON; OUR PRODUCT(S), SERVICE(S), THE WEBSITE, THE CONTENT CONTAINED IN THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD-PARTY WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE
YOU HEREBY INDEMNIFY NAXLAV AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF AND/OR ANY THIRD-PARTY ARISING IN ANY WAY FROM YOUR USE OF OUR PRODUCT(S), SERVICE(S), THIS WEBSITE AND/OR ANY LINKED THIRD-PARTY WEBSITE.
Availability and termination
We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.
Naxlav may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Naxlav will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.
If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.
Naxlav is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website and/or have created multiple user profiles to take advantage of a promotion or Coupon intended by Naxlav to be used once-off by you, to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and Naxlav, in whole or in part, on notice to you. Naxlav shall only be liable to refund monies already paid by you (see Naxlav’s Returns Policy in this regard), and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.
At any time, you can choose to stop using the Website, with or without notice to Naxlav.
Governing law and jurisdiction
These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
In the event of any dispute arising between you and Naxlav, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Western Cape Division, Cape Town) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
Nothing in this clause or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
Naxlav hereby selects the physical address published on our contact page, as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). Naxlav may change this address from time to time by updating the details on the linked page.
You hereby select the delivery address specified with your order as your legal address, but you may change it to any other physical address by giving Naxlav not less than 7 days’ notice in writing.
Notices must be sent either by hand, prepaid registered post or email and must be in English.
All notices sent –
- by hand will be deemed to have been received on the date of delivery;
- by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
- by email will be deemed to have been on the date indicated in the “Read Receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTION to serve as proof that an email has been received.
If you have a complaint about the goods or services provided by us or require information regarding our internal complaints-handling process, please contact us by visiting our contact page.
For the purposes of the ECT Act, Naxlav’s information is available on our contact page
Naxlav may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.
You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third-party.
Any failure on the part of you or Naxlav to enforce any right in terms hereof shall not constitute a waiver of that right.
If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
These Terms and Conditions contain the whole agreement between you and Naxlav and no other warranty or undertaking is valid, unless contained in this document between the parties.
NAXLAV (PTY) LTD and/or its representatives cannot be held liable for damage, theft, loss and/or claim(s) of any kind directly and/or indirectly.