Terms & Conditions

SHARPER IMAGE PRODUCTS CC TRADING AS NOX WHOLESALERS[1]

TERMS AND CONDITIONS OF TRADE

NOX WHOLESALERS


1.          INTRODUCTION

Sharper Image Products CC trading as Nox Wholesalers (hereinafter referred to as “Nox”) a close corporation duly registered and incorporated in terms of the Close Corporation Act, with registration number 1989/029898/23.

The website www.noxwholesalers.com (hereinafter referred to as “the website”) is owned and operated by Nox and the website is used to sell clothing, footwear, accessories, luggage and homeware to you (hereinafter referred to as “goods”).

These terms and conditions constitute the agreement between you and Nox. In making use of, and by registering on the website you are agreeing to be bound by Nox’ terms and conditions of trade (hereinafter[1] referred to as “terms and conditions”), and confirm that you have read and understand same. Should you not wish to accept all of Nox’ terms and conditions, you are advised that you should not make use of the website, nor should you purchase any goods thereon.In the event that you do not understand any of the provisions of these terms and conditions, you are encouraged to contact Nox so that same may be explained to you. In the event that you fail to do so, Nox will not be held liable for the fact that you did not understand same, in the event of you electing to make use of the website, and/or purchase goods thereon.

In the case of any contradiction between these terms and conditions and any content contained in other parts of the website or in links, the terms and conditions contained in this document prevail.

2.          REQUIREMENTS TO CONTRACT WITH NOX

In the event that you are below the age of 18 (eighteen), Nox is not permitted to enter into a contract[2] with you.

3.          REGISTERING ON THE WEBSITE

You are required to ensure that your details in the opening account form remain up to date. It is your responsibility to change any details that have changed since the date you registered on the website.

Upon registering on the website, you will select a password and username.

You are responsible for ensuring that no third party has access to your account, and/or your username and/or your password.

Nox will not be liable for any unauthorised activity relating to your account and you agree that once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or not, you will be liable for payment in respect of any order placed using such username and password, save where the order is cancelled by you in terms of these terms and conditions.

In using this website, you agree to notify Nox immediately should you suspect or become aware that there is any unauthorised use of or access to your username and/or password, and you further agree to take all reasonable steps to mitigate any loss or harm which may arise therefrom.

4.          PURCHASING GOODS

A legally binding contract of sale comes into being between Nox and you once:-

●           You place an order on the website; and

●           Payment is received by Nox in respect of the price of the goods and the cost of delivery thereof; and

●           Nox has sent you a confirmation of order email.[4]

Until such time as all three of the aforegoing[7] requirements have been met, a contract of sale has not arisen.

Nox may refuse to accept and/or confirm an order and shall not be obliged to provide you with reasons for such refusal to accept and/or confirm an order.

Nox may refuse to accept and/or confirm an order in the event that:-

●           Nox suspects that you are under the age of 18;

●           Goods on the website are incorrectly priced and/or described;

●           The goods ordered are unavailable;

●           Nox suspects that you are making use of a username and/or password when you are not authorised to do so;

●           Nox suspects that you are making use of a credit or debit card without authorisation to do so.

This list is not exhaustive, and Nox may refuse to accept and/or confirm an order for other reasons.

5.          OWNERSHIP OF THE GOODS

The goods will remain the property of Nox until such time as payment in respect of such goods and the delivery thereof has been made in full.

You are not entitled to sell and/or dispose of the goods until such time as payment has been made in full in respect of the price of the goods, and the cost of delivery thereof, at which time ownership shall pass to you.

6.          QUALITY AND CARE INSTRUCTIONS

The care instructions for the goods are displayed either on the labels of the goods or on the packaging thereof. You are encouraged to abide by such instructions to ensure the longevity of your goods, and to avoid any loss of colour.

You are advised that there may be slight colour variations in the goods, due to lighting and other factors when photographs are taken and posted to the website. Nox shall not be responsible for such deviations, unless such deviations are material.

7.          PRICING

The price of the goods are displayed on the website, in South African Rands. The price displayed includes VAT, calculated at the applicable percentage from time to time, but excludes delivery costs, which will be quoted separately once you have placed an item/s in your basket.

Nox reserves the right to amend such prices on the website from time to time.

Whilst Nox makes every reasonable effort to ensure that all prices displayed on the website are accurate at all times, in the event that an erroneous price is displayed on the website, Nox shall not be obliged to offer the goods to you at the erroneous price. In the event that an erroneous price is displayed, you will be notified of such error, and you will have the option of cancelling your order and receiving a full refund if payment has been effected or accepting the correct price in respect of the goods.

You are specifically advised that placing items in your basket does not reserve them, and they may be removed from your basket at any time, should you not proceed to place an order and make payment after placing goods in your basket.

8.          SPECIAL OFFERS AND/OR PROMOTIONS

In the event that Nox has a special offer and/or promotion, such special offer and/or promotion shall be governed by the terms and conditions applicable to such offer and/or promotion, which shall be displayed on the website and which must be read as if specifically incorporated herein. Nox reserves the right to limit, change or withdraw such special offer and/or promotion at any time.

9.          METHODS OF PAYMENT

9.1.    PAYFAST

Nox makes use of PayFast to accept payment from you in respect of the Goods ordered by you. PayFast offers a variety of payment methods through the PayFast interface. In using the PayFast facility, you may make payment by way of cheque or credit card, by way of an instant electronic funds transfer, or by way of Masterpass.

CREDIT AND CHEQUE CARDS:

PayFast will process credit and cheque card payments, and have a variety of fraud protection mechanisms in place to protect you against chargebacks.

INSTANT EFT:

Instant EFT enables you to make payments with traditional internet banking with SA’s four biggest banks. The electronic funds transfer (EFT) gets verified instantly.

ATM DEBIT CARDS:

PayD will allow you to make payment by way of your debit card. You will be required to enter your debit card and mobile phone number and then authenticate the transaction on your phone. The system works with devices on the Vodacom or MTN network and with debit cards issued by Absa, Nedbank and Standard Bank.

MASTERPASS

Masterpass is a simple, convenient, trusted digital wallet from MasterCard.

Please see PayFast’s Privacy Policy here: https://www.payfast.co.za/privacy-policy/

9.2.    LAY-BY

In addition to making payment by way of PayFast, you may elect to buy goods from us utilising the “Lay-By” option. This means we will hold the goods for you, for a period of 3 (three) months, until such time as you make payment to us by way of Electronic Funds Transfer. Please select this option upon checkout should you wish to utilise this option.

Payment may be effected into the following bank account:-

Account Name:    Sharper Image Product t/a Nox Wholesalers

Bank:                                         Standard Bank

Brand Code:                             051 001

Account Number:                  001260006

It is of the utmost importance that you use your invoice number, which will be on the invoice sent to you by e-mail, as the payment reference, so that payment may be allocated to your order. Nox shall not be held responsible for any failure to allocate a payment correctly, or to timeously allocate a payment, should you not utilise the correct reference when effecting a payment.

Please take note that should you make payment by way of EFT, the time taken for such payment to reflect in Nox’s bank account is dependant on each bank, and it may take up to 3 (three) days for a payment to reflect.

In the event that full payment in respect of the goods ordered by you is not made within 3 (three) months from the date of purchase, any sums paid by you in respect of the goods will be refunded to you, within 14 (fourteen) days of the expiration of the 3 (three) month period. The refund will be paid into the same bank account that payment was made from, and proof of such bank account details may be requested by Nox before payment is effected.

9.3.    PAYMENT UPON COLLECTION

In addition to making payment by way of PayFast, you may elect to make payment in respect of goods ordered by you upon collection by you of the goods from our store, which is situated at Nox House, 189 Helen Joseph (President) Street, (corner of Goud Street) Johannesburg. Please select this option upon checkout should you wish to utilise this option.

FRAUDULENT USE OF CREDIT AND/OR DEBIT CARD

By using the website, and placing an order, you guarantee that you are fully authorised to use the credit card or debit card presented by you for payment of your order.

In the event that Nox suspects that you are using a credit or debit card fraudulently or without permission to use such card, Nox has the right to refuse to process payment utilising such card, and/or to cancel any order.

Nox may further request that you provide it with documentation in respect of any credit and/or debit card to ensure that such card is issued to you, or you have been authorised to use such card.

In the event that your card has been used to place orders with Nox and such transaction/s were not authorised by you, you are advised to contact your bank in order to address this and not Nox.

  1. INVOICING

An invoice will be sent to you by way of email[9] once your order has been placed with Nox, and Nox has confirmed that the goods are available.

Nox shall retain records of sales for a period of 60 (sixty) months.

11.      CANCELLING AN ORDER

You may not cancel an order once confirmation of your order has been received by you.

Nox reserves the right to cancel any order, either partially or completely, in which event it will contact you either telephonically, or by e-mail, to advise you of such cancellation, as soon as reasonably possible.

In the event that Nox cancels an order, and you have already made payment in respect of such order and the delivery costs thereof, Nox will reimburse you the price of the goods, together with the delivery cost, which refund will be processed within 7 (seven) days of confirmation of the cancellation of your order, which confirmation will be e-mailed to you.

12.      RETURN OF GOODS

12.1.   Normal Returns:

Please note that Nox will not exchange goods, and in the event that you are not completely satisfied with the goods, you are entitled to return same to Nox within a period of 14 (fourteen) calendar days from the date of delivery to you.

Should you wish to return the goods, the goods must be returned in their original packaging and with all of the labels attached to the goods. In the event that you return goods to Nox’s premises, you will be required to submit the invoice in respect of the goods to Nox upon returning the goods.

You may either return the goods to Nox’s premises, situated at Nox House, 189 Helen Joseph (President) Street, (corner of Goud Street) Johannesburg, alternatively, you can log a return request on the website, and Nox will arrange for a courier to collect the goods from you, at no charge to you.

 

In the event that the goods are returned in their original packaging and with all of the labels attached, and in the event that you submit the invoice in respect of the goods if you are returning the goods at Nox’s premises, then you will be refunded the purchase price of the goods.

12.2.   Return of Defective Goods:

In the event that the goods delivered to you by Nox are:-

●               Not suitable for their intended purpose;

●               Not of good quality, free of defects and in good working order;

●               Durable and usable for a reasonable period of time

then you shall be entitled to return same to Nox within a period of 6 (six) months, calculated from the date of delivery of the goods to you, and Nox shall refund you both the purchase price of the goods, together with the delivery cost incurred by you, if any.

In the event that you wish to return defective goods to Nox, you will be required to send an email tonoxwholesalers@gmail.com, and Nox will arrange for a courier to collect the goods from you, at no charge to you, alternatively you may return the goods to Nox’ premises, situated at Nox House, 189 Helen Joseph (President) Street, (corner of Goud Street) Johannesburg. You will be required to describe how the goods were used whilst they were in your possession.

If the problem was caused by reasons other than materials quality or assembly process, the original goods will be returned to you.

Please note that Nox will not entertain any refunds in the event that:-

  • The goods were not purchased on the website;
  • The goods are damaged as a result of abuse or negligence;
  • The goods are damaged as a result of misuse or by use other than the intended purpose;
  • The goods have been subject to normal wear and tear.

In the event that you do not comply with the requirements of the aforesaid terms and conditions in respect of returns, Nox reserves the right to refuse to refund you in respect of any amount.

In the event that you elect to have the goods collected by a courier, you will be notified by way of email[11] once your returned items have been received by Nox, whereafter such return will be assessed and processed. If you elect to return the goods to Nox’ premises, Nox will provide you with confirmation that they have received the goods from you for assessment and processing.

Once the goods have been processed, you will be sent an email confirming that your return has been processed, and whether or not the return meets the requirements of these terms and conditions.

If goods are returned and Nox believes that they been damaged because of an act or omission for which you are to blame, or which is otherwise for your expense and risk, Nox will be entitled to deduct the decrease in value of the returned goods as a result of this damage from the amount to be repaid to you.

Nox will process your return within a period of 7 (seven) calendar days of the returns[12] arrival at its premises, whereafter[14] your refund will be effected[16] , if the aforesaid terms and conditions are met, within 14 (fourteen) calendar days of an email[18] being sent to you confirming that your return has been processed, and that such return meets the requirements of these terms and conditions. Please take note that refunds may take longer to reflect in your account in the event that you do not bank with the same bank as Nox.

13.      DELIVERY BY COURIER

When ordering goods on the website and if you wish for the goods to be delivered to you, you will be required to select a delivery address and to provide Nox with a contact number to be used in connection with the delivery of the goods.

Nox will deliver during business hours to the address indicated by you within South Africa. Nox can only deliver to a home or office address.

Please click here ___________________ [20] for the different delivery methods available to you, and the costs in respect of such methods.

Please take note that whilst Nox makes every effort to ensure that delivery times are adhered to, sometimes circumstances outside of Nox’ control may delay your delivery, and Nox shall not be liable to compensate you in the event that the delivery of your goods is delayed.

In the event that no-one is present at the specified delivery address at the time of delivery, the courier utilised by Nox shall leave a note for you in respect of such attempted delivery. The courier shall make a second attempt to deliver the goods, and in the event that no-one is present at the specified delivery address upon the second attempt, the courier will return the goods to Nox, and a refund will be processed in respect of the purchase price of such goods. You will be contacted in this event, so that you may select the preferred refund method.

Delivery is considered complete as soon as the order is accepted and signed for by you, or a person on your behalf, at the specified delivery address.

In the event that an order is lost whilst out for delivery to you, a replacement order will be sent to you as soon as reasonably possible, and so long as there is stock available. In the event that stock is not available, you will be refunded the cost of the goods, and the delivery fee.

14.      INDEMNITY

Nox complies with the Consumer Protection Act 68 of 2008 (“CPA”) in respect of the sale of goods and with articles 43(5) and 43(6) of the Electronic Communication and Transactions Act in terms of payment systems and security.

Nox does not warrant that the website is free of errors and/or omissions and/or that the website or server that makes the website available is free of viruses and/or any other harmful components.

Nox shall not be held responsible for any errors and/or omissions, and/or malfunctions, and/or interrupted service and/or damages sustained as a result of there being a virus on the server which makes the website available.

Nox, its employees, its officers, its director, its affiliates, its agents, and any of its representatives shall not be held liable for any direct, indirect, special, consequential or other damages that result from the use of, or the inability to use, the website or its content, including damages caused by viruses or any incorrectness or incompleteness of the information on the website, or the performance of the products or otherwise arising out of or in connection with these terms and conditions, even if Nox has been advised of the possibility of any such damages.

15.      COPYRIGHT AND INTELLECTUAL PROPERTY

The contents of the website, including any material, information, data, software, icons, text, graphics, layouts[22] , images, sound clips, advertisements, video clips, trade names, logos, trademarks[24] , designs and service marks which are displayed on or incorporated in the website ( hereinafter referred to as the content”) are protected by law, including but not limited to copyright and trademark[26] law.

The website content is the property of Nox and by your use of the website you will not acquire any right, title or interest in or to the website or the content

 Any use, distribution or reproduction of the content is prohibited unless permitted law.

16.      LINKS TO THIRD PARTIES

On occasion Nox may post links to thirty party owned and operated websites. Nox is not responsible and cannot be held liable for the content and activities of these websites. You therefore visit/access these websites entirely at your own risk.

17.      USE OF THE WEBSITE

Nox may deny you access to the website at any time in its sole and absolute discretion. Nox shall do so in circumstances where it reasonably believes that your use of the website is in breach of any of these terms and conditions and/or applicable laws.

18.      LINKS, FRAMING, SPIDERS AND CRAWLERS

No person, business or website may be linked to any page on this site without prior written permission from Nox.

By using the website, 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 representative of Nox.

19.      DATA PROTECTION

Nox fully respects the privacy of individuals who access and use the website. Please see our Privacy Policy here_____________________[28] which forms part of these terms and conditions.

20.      SEVERABILITY

In the event that any of the clauses herein are declared unenforceable, you agree that each offending provisions shall be severable from the remainder of these terms and conditions, which shall remain valid and binding between you and Nox.

21.     SUB-CONTRACTING[30] AND ASSIGNMENT

Nox reserves the right to sub-contract, transfer, assign or novate all or any of its rights and obligations provided that your rights are not affected.

You may not sub-contract[32] , assign or otherwise transfer any of your rights or obligations without Nox’s consent in writing.

22.      EVENTS BEYOND REASONABLE CONTROL

Nox will be not held responsible for any delay or failure to perform or comply with its obligations when the delay or failure arises from any cause which is beyond Nox’s reasonable control.

23.      INDULGENCE

No relaxation or indulgence granted by Nox to you shall be deemed to be or interpreted as a waiver of any of Nox’s rights in terms hereof.

24.      APPLICABLE LAW AND JURISDICTION

These terms and conditions and the website are subject to the laws of the Republic of South Africa.

Should Nox be obliged to take legal action to enforce its rights in terms hereof, you agree and consent to the jurisdiction of the Magistrates Court, irrespective of the quantum of the claim involved. Your consent to the Magistrate’s Court jurisdiction does not preclude Nox from proceeding to enforce its rights in any other court of competent jurisdiction.

In the event of Nox being forced to take legal action to enforce its rights in terms hereof, then you shall be liable for the Nox’s legal costs on the Attorney and Client scale.

25.      VARIATION

No variation hereof shall be valid unless agreed to in writing by Nox.

Nox reserves the right to amend, alter, vary and/or cancel these terms and conditions, which amendment, alteration, variation and/or cancellation will, from time to time, be posted on the homepage[34] of the website. It is your responsibility to keep yourself updated in respect of any changes to these terms and conditions.

26.      CORPORATE INFORMATION

Company Name:

Sharper Image Products CC trading as Nox Wholesalers

Company Registration Number: 1989/029898/23

Physical Address for legal notices:

Nox House,

189 Helen Joseph (formerly President Street)

Corner of Goud Street

Johannesburg

Telephone Number:                                          011 336 1366

E-mail:                                                                  noxwholesalers@gmail.com