Terms & Conditions
You have made the decision to make a purchase from our company via direct contact from our office or through our website. Your purchasing of our products and / or services by direct contact or via our website is dependent on you reading and agreeing to accept our terms and conditions. Please take a moment to read these terms and conditions including our email and privacy policies to understand how they apply to your use of our website or in store purchase of our products or services.
1. Entity details
Nov-U as a business and its website at www.nov-u.co.za is owned and operated by Beauty Innovation Trust with the trustee Jaclyn Ivy Vosloo (also referred to as “we” or “our” in these terms), a company registered in the Republic of South Africa under company registration number IT000371/2017(B) , which has its registered office at 15 President Steyn Street, Westdene, Bloemfontein, Republic of South Africa.
2. Application of terms and conditions
These terms (the information contained here on this document and its linked pages) apply to your use of this website and / or our business directly. By using us as a supplier via direct business in store or via our website, you acknowledge that you have read and understood these terms and agree to be bound by them. This is our entire agreement with you as far as the use of our website, goods and/or services from our website, and will supersede (override or replace) all terms, conditions, warranties and/or representations (promises or assurances) as far as it is permitted by law. If you do not wish to be bound by any of the terms contained here, please do not use our business or its website. If you continue to use this business either directly or via the website, we will be allowed to assume that you agree to be bound.
3. Changes to these terms and conditions
Because of the nature of internet use and changes that may be required to our business and its website, we may update or change these terms, but without giving you notice.
It is very important that you check these terms and conditions from time to time because your use of our business and website will imply that you accept any updated or amended terms.
4. Governance
This agreement (our terms of use) is governed by the laws of the Republic of South Africa.
5. Authorized use
You are welcome to browse or use our business material and website for your own personal, shopping and information purposes only. No other use is permitted without our prior written consent. The unauthorized use, copying, reproduction, variation, modification or distribution of the content of this website, the uploading of any unlawful or damaging information or viral software or the creation of any links to our website from any other site whatsoever is strictly prohibited. You agree to indemnify us against any loss, damage, harm, claim or any other cost whatsoever that we may suffer as a result of you, if your use of our business materials and its website and/or its contents is in contravention or in breach of terms.
6. Suspension terms
The company reserves the right to suspend the website or any part of it, or terminate/close an account you may have with us on the website or by direct business at any time, if we discover that you are not using our business materials or the website in compliance with these terms or if we believe that any information provided by you is untrue, inaccurate or incomplete.
7. Time granted
Any indulgence or extension of time granted to you is not a waiver (forfeit) or variation (change) of any of our rights or remedies in these terms or that we are entitled to in law.
8. Non-South African citizens
People who are not resident in South Africa are welcome to make use of this business and our website in accordance with these terms.
9. Opt out of receiving marketing material
Regarding any newsletter or other marketing material, kindly note that you are free to opt out of receiving our marketing material at any stage. It may take a reasonable period to update your account or any profile you may have with us.
10. Personalized banner advertising
If you receive an email from us or browse this website, you may receive personalized banner advertisements while browsing other reputable websites. We are committed to providing you with information on products and offers which are relevant to you. Any banner advertisements you receive will relate to products which have been viewed while browsing this Website on your computer or other device.
11. Targeted updates and marketing
If you have agreed that we can contact, you for marketing purposes we may send you emails and other communications relating to products and services which we think will be of interest and relevance to you as an individual. We do this by monitoring in store purchases, the browsing and online shopping habits of customers and providing them with information on products they have viewed and related products.
12. International transfers
We may transfer personal data that we collect from you to third party data processors located in countries that are outside of the South African Economic Area and to other group companies in connection with the above purposes. Please be aware that countries which are outside the South African Economic Area may not offer the same level of data protection as the South African Union, although our collection, storage and use of your personal data will continue to be governed by this privacy policy. We shall not undertake the transfers detailed above to the extent such a transfer would violate any applicable laws.
13. Limitation of Liability
This clause prevails over all other clauses and sets forth our entire liability, and your sole and exclusive remedies, for: The performance, non-performance, purported performance or delay in performance of these terms and conditions or a contract or the site (or any part of it or them); or otherwise in relation to these terms and conditions or the entering into or performance of these terms and cconditions.
We will at all times do our utmost best to ensure that all information displayed on the site and in any communications from Nov-U is accurate, however, should any inaccurate information be published by Nov-U (i.e. incorrect product description or price), despite our best efforts to ensure accuracy, We shall not be liable for any direct, indirect, incidental or consequential loss or damage suffered by you as a result of the inaccurate information.
14. Guarantee and complaints management
We shall perform our obligations under these terms and conditions with reasonable skills and care.
We place great value on our customer satisfaction. You may contact us at any time using the contact details given in clause of these terms and conditions. We will attempt to address your concerns as soon as reasonably possible and will contact you on receipt of any relevant enquiry or complaint. In guarantee cases, the manufacturer frequently must be involved, and as such it may take longer to resolve such an enquiry or complaint.
In the event of a complaint it will help us if you can describe the object of your complaint as accurately as possible and, where applicable, send us copies of the Order or at least the order number that We assign you in the acknowledgement or confirmation of order. Should you not have received any reaction from us within five (5) business days, please make further enquiries. In rare cases your emails may be caught up in our spam filters or not reach us, or correspondence that we send to you may otherwise not have reached you.
15. Circumstances beyond our control (force majeure clause)
We shall not be liable to you for any breach, hindrance or delay in the performance of a contract attributable to any cause beyond our reasonable control, including without limitation any natural disaster and unavoidable incident, actions of third parties (including without limitation hackers, suppliers, governments, quasi-governmental, supra-national or local authorities), insurrection, riot, civil commotion, war, hostilities, warlike operations, national emergencies, terrorism, piracy, arrests, restraints or detainments of any competent authority, strikes or combinations or lock-out of workmen, epidemic, fire, explosion, storm, flood, drought, weather conditions, earthquake, natural disaster, accident, mechanical breakdown, third party software, failure or problems with public utility supplies (including electrical, telecoms or Internet failure), shortage of or inability to obtain supplies, materials, equipment or transportation (“Event of Force Majeure”), regardless of whether the circumstances in question could have been foreseen.
Either you or Nov-U may terminate a contract forthwith by written notice to the other in the event that the Event of Force Majeure lasts for a period of two (2) business days or more, in which event neither you nor Nov-U shall be liable to the other by reason of such termination (other than for the refund of a product already paid for by you and not delivered).
If we have contracted to provide identical or similar Products to more than one Customer and are prevented from fully meeting our obligations to you by reason of an Event of Force Majeure, we may decide at our absolute discretion which contracts we will perform and to what extent.
16. Notices
Any notice under a contract shall be in writing and may be served by personal delivery or by pre-paid registered letter or by email addressed to the relevant party at the address or email address of the relevant party last known to the other or as set out in clause of these terms and conditions.
Any notice given by post shall be deemed to have been served seven (7) business days after the same has been posted if the recipient address is in South Africa. Any notice given by email shall be deemed to have been served when the email has been proved to be received by the recipient’s server. In proving such service, it shall be sufficient to prove that the letter or email was properly addressed and, as the case may be, posted as a prepaid or recorded delivery letter or dispatched or a delivery report received.
17. General
These terms and conditions shall commence from the date on which they are published on the company Site and continue indefinitely, as amended by Nov-U from time to time, for so long as the site exists and is operational, Nov-U being entitled to terminate these terms and conditions and/or shut down the site at any time (subject to still processing any orders then already placed and accepted by Nov-U). However, for your future reference, we advise you to print and keep a copy of these terms and conditions, your order, the acknowledgement and the confirmation of order.
No failure or delay, by Nov-U or by you, in exercising any right under these terms and conditions or a contract shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish Nov-U or your rights under these terms and conditions or a contract.
If any clause in these terms and conditions or a contract shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as these terms and conditions or a contract shall be capable of continuing in effect without the unenforceable term.
You shall not assign, transfer, novate, charge, sub-contract, create any trust over or deal in any other manner with these terms and conditions or a contract or all or any of your rights or obligations under these terms and conditions or a contract.
Nothing in these terms and conditions or a contract shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between you and us.
No person who is not a party to these terms and conditions or a contract shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any party to these terms and conditions or that contract its assent to any such term
A full record of every sale and related transaction between you and Nov-U shall be maintained for a period of 12 months following the date of such sale or related transaction.
We will keep records of transactions within the above-mentioned timeframe for your enquiry, you shall also be responsible for retaining your own record of the relevant sale or related transaction.
Any and all copyright subsisting in the business documents, materials, the website, including these terms and conditions, vests in Nov-U and all rights not expressly granted are reserved.
When you visit the site or send e-mails to Nov-U, you consent to receiving communications from Nov-U electronically and agree that all agreements, notices, disclosures and other communications sent by Nov-U satisfy any legal requirements, including but not limited to the requirement that such communications should be in writing.
These terms are subject to the provisions of the Electronic Communications and Transactions Act no. 25 of 2002 (the Act) and any of the terms that are in conflict with any of the compulsory provisions of the Act will be deemed to have been modified so as to comply with such provisions of the Act.
18. Agreement of Sale
An agreement of sale between Nov-U and a customer is only valid once payment has been made and the company receives proof of payment. Up until this point, all goods remain the property of Nov-U.
19. Payment Options Accepted
Payment may be made via Visa and MasterCard debit and credit cards. The details of which will be provided during the checkout process.
You can pay your purchases by Pay Fast with credit/debit card, as well as EFT. Select the appropriate payment method when placing your order. If any of these payment methods are unsuitable, please contact us and we will be happy to discuss other payment options.
We accept payment by Visa and Mastercard cards. Please ensure that the details you enter are correct. Please note that all credit/debit cardholders are subject to validation checks and authorization by the issuer of the card. If the issuer of your payment card refuses to pay or does not for any reason authorize payment to Nov-U, we will not be liable for any delay or non-delivery of merchandise. We retain the legal ownership of all merchandise until full payment has been made by you and received by us and legal ownership of the merchandise will immediately transfer back to us if we refund any payment for the merchandise to you.
Risk in the merchandise transfers to you upon delivery.
20. Credit Card Acquiring and Security
Credit card transactions will be acquired for The Nail House via Virtual Card Services who use the strictest forms of encryption.
21. Customer Details Separate from Card Details
Customer details will be stored by Nov-U separately from card details which are entered by the customer on the Virtual Card Services secure payment terminal. For more detail on Virtual Card Services visit the Virtual Card Services website.
22. Merchant outlet country and transaction currency
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. The transaction currency is South African Rand (ZAR).
23. Responsibility
Nov-U takes responsibility for all aspects relating to the transaction including sales of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.
24. Amendment to the General Business Terms and Conditions
We reserve the right to amend these terms and conditions at any time. All amendments to these terms and conditions will be posted on-line. It is your responsibility to ensure that you are satisfied with the amendments. Should you not be satisfied with the amendments, you must refrain from placing any further orders on, or from using it in any way, the Site as continued use of the Site will be deemed to constitute acceptance of the new terms and cconditions.
25. Intellectual property
The trademarks, logos and service marks (‘intellectual property’) displayed in our business materials and on our website are the registered and unregistered marks of The Nov-U, our affiliates, our suppliers, our licensors and/or our and are protected by South African and international trademark laws.
Except in connection with placing an order for merchandise or as required by applicable law, you may not use, reproduce, duplicate, copy, sell, resell, access, modify or otherwise exploit our intellectual property or that of our suppliers without our or their prior written consent.
26. Disclaimer
Under sections 43(5) and 43(6) of the Electronic Communications and Transactions Act in relation to The Nail House payment systems not being sufficiently secure; Neither Nov-U nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this Site or the services or content provided from and through this Site. Furthermore, Nov-U makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this site are free from errors or omissions or that the service will be 100% uninterrupted and error free. You are encouraged to report any possible malfunctions and errors to Nov-U head office.
Although the products sold via the site may be under warranty, the site 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 that the service available from and through this site will meet your individual requirements and be compatible with your hardware and/or software. Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of Nov-U and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this site.
27. Our sales process
When purchasing our products or services via the website, the sales process will be automated. If making a purchase or enquiry for direct sales email your order to orders@nov-u.co.za , regrettably we do not accept orders telephonically as this leaves room for error. The company requires two (2) hours to respond to emails and text messages due to our increased workload.
List whether you would like a quotation or an invoice. Please note that invoices are final and cannot be changed. If you are uncertain of an order a quotation is to be requested.
Orders may also be sent to the business WhatsApp line. Kindly provide the following details when placing an order: You name and surname, your business name, your business email address, your business physical address, your contact number, VAT number, whether you would be making use of our courier including insurance (compulsory for orders above R1000) or whether you will be arranging your own collection. Furthermore, describe your order using product codes and the description as per our catalogue listing including the unit size.
Delivery prices will be charged on all orders. Orders to be delivered within Bloemfontein will be charged at R60 per box and orders to be delivered outside of Bloemfontein will be billed at R150 per box for 0-5kg. Parcels heavier than this will be quoted by weight and volumetric size. No orders will receive free delivery unless communicated so by the business owner.
Once you receive a quotation or an invoice it is your responsibility to check that all details are correct before making a payment. The banking details will reflect on your invoice. We take no responsibility for payments made into the wrong bank accounts.
Upon placing your order, stock availability will be communicated, and replacements recommended. Invoices and quotations will be sent to you via email. We require written confirmation that the quotation is accepted before we can proceed with processing a quotation into an invoice.
Upon receiving a proof of payment, we accept that you have checked your invoice and have brought to our attention any changes which needed to be made.
It is the responsibility of the client to provide us with a valid proof of payment. No exceptions can be made. We will not proceed with processing an order until full payment has been made.
Orders need to be paid in full before they are processed. We work strictly on paid orders thus stock cannot be kept one side for clients unless full payment has been made.
Once your order is completed you will be sent an email or a text message confirming the courier details. If you arrange your own collection for a parcel, that individual will need to state who they are collecting for by business name and contact name.
Note that we will not release the parcel to couriers or other individuals who cannot provide the full details required for the security of your package. Providing a courier option is an added service and we do so on your behalf for convenience. You are charged the price we are charged. Therefor once an order has left our premises, we are no longer responsible for the parcel or its contents.
Clients are to follow up on delivery directly with the courier. Any damages that occurred in transit are to be reported and claimed directly from the courier company. These contact details are provided in the above-mentioned message sent upon the completion of your order.
28. Returns policy
Our returns policy aligns with the South African Consumer Protection Act. All returns, complaints or enquiries on your order will need to be done via our website at www.nov-u.co.za strictly. We commit to supply goods that are safe and not defective. It is the client’s responsibility to make sure they are satisfied with the chosen colour selection and unit size before checking out. No non defective goods will be refunded or exchanged if they have been opened and / or used. Consumers may return goods to the supplier and receive a full refund provided that the full returns online process has been followed, the goods are still intact in the original packaging, an original invoice is provided and that this is within (ten) 10 days of the invoice date and done so at the expense of the consumer.