Introduction;
The Purchase Terms;
Use of the Website and
Miscellaneous,
as well as the terms and conditions dealing with specific matters in any policy or document to which a link access is provided herein.
INTRODUCTION
www.novagenics.co.za (the “Website”/”Site”) is owned by and/or operated by or on behalf of NOVAGENICS (Pty) Ltd, 20 Daniel Estate, Elsie Road, Radiokop, Gauteng, South Africa, 1724 (” NOVAGENICS/we/us”). NOVAGENICS (Pty) Ltd is the parent company of NOVAGENICS Group, which includes several affiliated companies; among them, NOVAGENICS (Pty) Ltd.
If you place an order through this Website, upon confirmation that such order is accepted, a sales contract will be executed between you and us, which will be governed by these NOVAGENICS Terms and Conditions and specifically by the Purchase Terms mentioned below.
PURCHASE TERMS
Please read these Purchase Terms carefully before ordering Products online from the NOVAGENICS Website. Please note that these Purchase Terms include the terms contained in those pages to which a link is provided within these Purchase Terms.
2.1 WHEN DO THESE PURCHASE TERMS APPLY?
These Purchase Terms apply to all offers and contracts relating to the sale and delivery of Products by NOVAGENICS. In other words, you agree to these Purchase Terms, when you (i) order anything from the Website or (ii) at any web page directly connected to the Website or when you accept an offer from NOVAGENICS. It is only possible to deviate from these Purchase Terms if agreed in writing by NOVAGENICS.
2.2 REQUIREMENTS TO CONCLUDE A CONTRACT WITH NOVAGENICS
You have to be 18 years of age or older to buy Products via the Website.
You can only order on the Website if you are a consumer, not a reseller.
You guarantee that the information you provide to NOVAGENICS in the request or order is accurate and complete.
Please note that in the case of limited edition or limited production Products extra restrictions such as a limit to the number of such Products per order may apply
2.3 HOW AND WHEN IS A CONTRACT CONCLUDED WITH YOU?
All information on the Website is an invitation to treat only and the information is not an offer or binding contract. You agree that your order is an offer to purchase the Products listed in your order.
NOVAGENICS is entitled to verify an order in advance at all times and/or to refuse to accept an order without providing reasons and with no liability to you or any third parties. If NOVAGENICS does not confirm acceptance of your order within ten working days, it is deemed to have been refused.
All orders submitted by you are subject to acceptance by NOVAGENICS. We may choose not to accept your order at our own discretion. Examples of when we may not accept your order are as follows:
_ If Products are shown on the Website but are not available;
_ If we are unable to obtain authorization of your payment;
_ If shipping restrictions may apply to a Product;
_ If Products shown on the Website contain a manifest error such as being incorrectly priced or otherwise incorrectly described.
After your order has been placed, we will send you an order acknowledgement email with your order number and details of the Products you have offered to purchase and details of any delivery services.
2.4 RETENTION OF TITLE
All Products will remain the property of NOVAGENICS until you have paid all amounts owing to us in full under any agreement, including the payment of costs, earlier or later deliveries or partial deliveries. You may not sell, dispose of or encumber any Product before full title thereof has passed to you.
2.5 QUALITY AND MAINTENANCE OF PRODUCTS
Minor differences in colour and other variations in Products are possible as a result of different image acquisition, display technologies or other technical reasons. NOVAGENICS is not liable for these variations and deviations.
NOVAGENICS draws your attention to the washing and maintenance instructions printed on the labels of the Products. NOVAGENICS is not liable for any damage resulting from incorrect handling of Products, including handling contrary to the instructions.
2.6 CANCELLING YOUR ORDER
You may cancel your order before the goods are dispatched via courier by contacting our Customer Service Team.
2.7 PRICE
The stated prices include VAT and are quoted in South African Rand.
NOVAGENICS reserves the right to change, limit or terminate any special offers or discounts at any time.
NOVAGENICS charges delivery costs and is defined under the Delivery section on our Website. These costs will, if applicable, be charged separately, itemized and added up with the total amount of the order.
2.8 METHODS OF PAYMENT
Please check the Website for information on available payment methods.
2.9 INVOICING
Where we elect, or are required by applicable law, to issue or make available an invoice, NOVAGENICS reserves the right to issue or make available electronic invoices and you agree to such form of invoicing.
2.10 DELIVERY
NOVAGENICS will deliver during business hours to the address indicated by you within South Africa. NOVAGENICS can only deliver to a home or office address. For detailed information about delivery periods, please check the specifications for the different types of delivery such as “3 hour delivery”, “Next Day”, “2 Day Express” and “Standard” by clicking here in the ‘Delivery‘ section of our Website.
Note that Delivery periods are indicative and are therefore not regarded as strict deadlines. The mere fact that a delivery period is exceeded does not entitle you to compensation.
NOVAGENICS is entitled, insofar as reasonably possible, to make split deliveries so that you receive your Products as soon as possible. There are no additional costs associated with such split deliveries. However, in the event that you request that NOVAGENICS delivers in parts, NOVAGENICS may charge you for extra delivery costs. Each split order shall constitute a separate sales contract. If NOVAGENICS is late delivering a part or one split order is faulty, that will not entitle you to cancel any other split order.
If NOVAGENICS discovers prior to entering into the sales contract that it can no longer deliver the Products ordered, NOVAGENICS may offer you an equivalent product in terms of quality, price and function. You are not obliged to accept the replacement Product. You may return it, if you so wish, within 14 days at NOVAGENICS’ reasonable expense (your right of return remains unaffected).
In the unlikely event that, after entering into the sales contract, NOVAGENICS can no longer deliver your Products and is not responsible for this situation, NOVAGENICS will be entitled to terminate the sales contract. NOVAGENICS will, of course, inform you as soon as reasonably practicable and reimburse any payments made.
2.11 RETURNS OF PRODUCTS
If you are not fully satisfied with your Products, you have the right to withdraw from the sales contract. In other words, you have the right to return the Products as indicated below, and we will ensure that you obtain a refund. Simply follow the guidelines explained in the returns section on the website. If you have any questions regarding merchandise returns purchased from the Website please contact us.
Subject to the provisions of these Purchase Terms, you may return the Products received without specifying any reasons within 14 calendar days from the day you receive the Product. If the return falls outside of this period, or the item is worn beyond normal use, damaged or not in its original packaging, NOVAGENICS cannot accept the returned items and cannot give a refund. Returns can only be accepted if the original label or hang tag has not been removed and the product is in its original packaging. The return of Products is at NOVAGENICS’ risk and reasonable expense where such return is made in accordance with this section. Returns not made in accordance with this section shall be at your risk and expense.
In the event of a valid return in accordance with these Purchase Terms, NOVAGENICS will reimburse the purchase price and the delivery costs (in case of completely returned orders) received from you, within thirty days after receipt by NOVAGENICS of a notification that you wish to exercise your right of return. This is provided however that NOVAGENICS only becomes obliged to reimburse you after we have taken physical receipt of the returned Products.
The length of time your return is in transit is beyond our control; although once we do receive your return we will process it as quickly as reasonably possible. We therefore need to allow at least fourteen days to receive and to process your return. Although NOVAGENICS will refund the money within approximately 30 days after processing your return, your bank or credit card company may require additional time to process your refund and for it to reach your account. We’ll notify you via e-mail once we’ve received and processed the returned Product(s). We’ll refund the value of the Product(s) total. Refunds will be given in the same form of payment as the original purchase, unless specified otherwise by you.
If a Product is returned and NOVAGENICS believes that it has been damaged because of an act or omission for which you are to blame, or which is otherwise for your expense and risk, NOVAGENICS will be entitled to deduct the decrease in value of the returned Product as a result of this damage from the amount to be repaid to you.
2.12 EXCHANGE POLICY
NOVAGENICS does not exchange Products. If you wish to exchange a Product, you will need to return your purchase for refund and place a new order. It is only possible to get a refund on returns when the return is in line with our return policy.
2.13 DAMAGED OR DEFECTIVE PRODUCTS
or NOVAGENICS, quality is paramount. We thoroughly test all our Products in real-life conditions to ensure they are fully capable of standing up to the uses for which they were designed. It is extremely rare for our Products to be damaged or defective. NOVAGENICS has a legal obligation to make sure that our Products conform to the sales contract.
Returned Products are inspected by the NOVAGENICS Quality Assurance Department and refunded if the damage is the result of a manufacturing defect or deviation from factory specifications. We undertake to fully refund the cost of any defective Products.
If the problem was caused by reasons other than materials quality or assembly process, the original product is returned to you. We do not refund Products:
_ Obtained from a source other than the Website
_ Damaged by abuse or negligence (exposure to chemicals, caustic substances, open flame, high heat, sharp object, etc.)
_ Damaged by misuse or activities other than the intended purpose (use of running shoes for court sports or hiking footwear as work boots, etc.)
Please note the life expectancy of any NOVAGENICS Product depends on the individual using the Product, the conditions of use, and the characteristic wear patterns of the user. Our Products damaged by normal wear and tear or that have exceeded the reasonable lifespan of the Product are not replaced.
USE OF THE WEBSITE:
Please read these Terms and Conditions for website use (“Use of the Website Terms and Conditions”) carefully before using the Website and any NOVAGENICS content on social media websites, including without limit Facebook and Twitter (together: the “Website”/Site”). These Use of the Website Terms and Conditions apply to all visits and uses of the Website, as well as to the Content (as defined in the Conditions), information, recommendations, products and services provided to you on or through the Website. By accessing and using the Website, you grant your consent to these Use of the Website Terms and Conditions in their entirety in addition to any other law or regulation that applies to the Website and the Internet. If you do not agree to these Use of the Website Terms and Conditions, please leave the Website immediately.
3.1 CONTENT ON THE SITE
All of the content featured or displayed on the Site, including, but not limited to, logos, icons, trade marks, text, graphics, photographs, images, moving images, sound, illustrations and software (Content), is owned by NOVAGENICS (Pty) Ltd, its affiliated companies, its licensors and/or its content providers. All elements of the Site including, but not limited to, the general design and the Content, can be protected by copyright, moral rights, database rights, trade mark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with NOVAGENICS, no portion or element of the Site or its Content may be copied or retransmitted via any means. The Site, its Content and all related rights shall remain the exclusive property of NOVAGENICS (Pty) Ltd, its affiliated companies or its licensors unless otherwise expressly agreed. All such rights are reserved.
3.2 OPERATOR OF THE SITE
The Site is operated by or on behalf of NOVAGENICS (Pty) Ltd with registered address at 20 Daniel Estate, Elsie Road, Radiokop, Gauteng, South Africa, 1724 and company registration number Company registration. NOVAGENICS (Pty) Ltd is a wholly owned subsidiary of NOVAGENICS (Pty) .
3.3 COPYRIGHT AND TRADEMARKS
The copyright in all Content is and remains owned by NOVAGENICS (Pty) Ltd, its affiliated companies or its licensors as appropriate. Except as may be otherwise indicated in specific documents within the Site, you are authorized to view, play, print and download Content found on the Site for personal, informational, and non-commercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content. You may not reuse any Content without first obtaining the consent of NOVAGENICS. For purposes of these terms, the use of any such Content on any other website or networked computer environment is prohibited. You will not remove any copyright, trademark or other proprietary notices from Content found on the Site.
In the event you download software (including but not limited to screensavers, smartphone applications, icons, videos and wallpapers) from the Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the Software) are licensed to you by NOVAGENICS. NOVAGENICS does not transfer title to the Software to you. You own the medium on which the Software is recorded, but NOVAGENICS retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.
All trademarks, service marks, logos and trade names which appear on products of NOVAGENICS Group, product packaging and/or on the Site, whether registered or not (including but not limited to: the word mark “NOVAGENICS”, [Our Trademarks] (the Trade Marks) remain the exclusive property of NOVAGENICS (Pty) Ltd, its affiliated companies or its licensors (as appropriate) and are protected by applicable trademark laws and treaties. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify any of the Trade Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Site, without NOVAGENICS’ prior written consent. The use of any of the Trade Marks on any other website or network computer environment, for example the storage or reproduction of (a part of) the Site in any external internet site or the creation of links, hypertext, links or deep links between the Site and any other internet site, is prohibited without the express written consent of NOVAGENICS.
3.4 DISCLAIMER OF WARRANTIES
The Site and the Content are free of charge and provided ‘as is’ and without any warranties of any kind. The information on the Site is for general information purposes only and does not constitute advice.
NOVAGENICS does not represent or warrant that the information and/or facilities contained in the Site are accurate, complete or current, or that the Site or the server that makes the Site available are free of viruses or any other harmful components. Further, NOVAGENICS will not provide for specific IT infrastructure or connectivity. Thus NOVAGENICS cannot represent or warrant the Site will be uninterrupted or error free. NOVAGENICS does not make any warranties or representations regarding the use of the Content on the Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise, in each case to the fullest extent permitted by applicable law.
3.5 LIMITATION OF LIABILITY
Your use of the Site is at your own risk. Neither NOVAGENICS, nor any of its employees, officers, directors nor any of its agents or any other party involved in creating, producing or delivering the Site will be liable for any direct, indirect, special, consequential or other damages that result from the use of, or the inability to use, the Content on the Site, including damages caused by viruses or any incorrectness or incompleteness of the information on the Site, or the performance of the products or otherwise arising out of or in connection with these Terms and Conditions, even if NOVAGENICS has been advised of the possibility of any such damages.
Please be aware that we are not familiar with your individual physical characteristics and health.
Before you begin an exercise program, you should get a medical checkup. It is important that you warm up and stretch before engaging in physical activity and that you use common sense while engaging in physical activity. If you experience any pain, feel weak, dizzy or exhausted or become short of breath, immediately stop your workout. When you engage in physical activity, you assume all inherent risks
3.6 LINKS TO THIRD PARTIES
For your convenience and to improve the usage of the Site, links to websites that are owned and controlled by third parties may be provided from time to time. These links take you outside NOVAGENICS’ service and off the Site and are beyond NOVAGENICS’ control. This includes links to partners that may use the Trade Marks as part of a co-branding agreement. The sites you can link to have their own separate terms and conditions as well as a privacy policy. NOVAGENICS is not responsible and cannot be held liable for the content and activities of these sites. You therefore visit/access these sites entirely at your own risk.
Please note that these other sites may send their own cookies to users, collect data or solicit personal information, and you are therefore advised to check the terms of use and/or privacy policies on those websites prior to using them.
3.7 MISUSE OF THE SITE
You are prohibited from using the Site to post or transmit any User Generated Content (as defined below) which infringes or may infringe third party intellectual property rights or which is threatening, false, misleading, inflammatory, defamatory, invasive of privacy, obscene, pornographic, abusive, discriminating, illegal or which could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or which may otherwise give rise to civil liability or violate any law. NOVAGENICS may deny you access to the Site at any time in its sole discretion, and which shall include situations where NOVAGENICS believes that your use of the Site is in breach of any of these Terms and Conditions and/or applicable laws.
You are also prohibited from using the Site to advertise or perform any commercial solicitation.
We reserve the right to suspend or close any account where the user places an excessive amount of items in their cart repeatedly and decides not to proceed with the purchase and does not delete the items from their cart thereby depriving other shoppers from the possibility to purchase those items which are reserved by being in their cart. We will not suspend or close any account where there has been payment means or other failures beyond the control of the user. Once a user account has been closed in terms of this clause NOVAGENICS may refuse to open another account for the user and to close any other account for the same user.
3.8 USER GENERATED CONTENT
All opinions, remarks, comments, artwork, graphics, photographs, links, questions, suggestions, information, videos and other materials that you or other users of the Site post to the Site or transmit using the Site (User Generated Content) will be deemed non-confidential and non-proprietary. Accordingly, NOVAGENICS shall have the non-exclusive, royalty-free, right to use, copy, distribute and disclose to third parties any User Generated Content for any purpose, in any medium and throughout the world (license grant). You acknowledge and agree that NOVAGENICS only acts as a passive conduit for the distribution of the User Generated Content and is not responsible or liable to you or to any third party for the content or accuracy of the User Generated Content. NOVAGENICS shall not be continuously monitoring User Generated Content published by you or moderating between users, nor shall NOVAGENICS be under an obligation to do so. Without limit to the generality of the foregoing, you acknowledge and agree that any remarks, opinions, comments, suggestions and other information expressed or included in the User Generated Content do not necessarily represent those of NOVAGENICS. Any use by you of the User Generated Content is entirely at your own risk. You represent and warrant that any User Generated Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or personality rights and does not contain any defamatory or disparaging statements. Furthermore, you represent and warrant that you have the capacity to grant the license as stipulated in this paragraph. You agree to indemnify and keep NOVAGENICS and its affiliated companies indemnified against all costs, expenses, damages, losses and liabilities incurred or suffered by NOVAGENICS or its affiliated companies related to any User Generated Content posted or transmitted by you or your other use of the Site.
NOVAGENICS reserves the right at its sole discretion to block or remove (in whole or part) any User Generated Content posted or transmitted by you and which NOVAGENICS believes is not in accordance with these Terms and Conditions (including materials which infringe or may infringe third party intellectual property rights, rights of privacy or personality rights), or is otherwise unacceptable to NOVAGENICS.
You agree to promptly notify NOVAGENICS in writing (see How to Contact Us below for contact details) of any User Generated Content (or other Content) which breaches these Terms and Conditions. You agree to provide to NOVAGENICS sufficient information to enable NOVAGENICS to investigate whether such User Generated Content (or other Content) breaches these Terms and Conditions. NOVAGENICS agrees to make good faith efforts to investigate such a complaint and shall take such action as NOVAGENICS in its sole discretion decides. However, NOVAGENICS does not warrant or represent that it will block or remove (in whole or part) such User Generated Content or other Content.
3.9 UNSOLICITED IDEAS
NOVAGENICS maintains the policy of not reviewing or accepting any unsolicited submissions of ideas, inventions, designs and/or other materials related to NOVAGENICS business (including without limit footwear, apparel, sporting goods and services) whether consisting of texts, images, sounds, software, information or otherwise (the Materials) from persons external to NOVAGENICS. You should therefore not post any Materials on the Site or send these to NOVAGENICS by e-mail or otherwise.
MISCELLANEOUS
4.1 HOW CAN YOU CONTACT US?
If you have any questions or comments about the Website or the NOVAGENICS Terms and Conditions or in the unlikely event that you wish to make a complaint please don’t hesitate to contact our Customer Service by emailing us at service@novagenics.co.za. Alternatively, if you prefer to call us, please do so at number +27 (0)82 885 3418 (Mondays – Thursdays between 8am – 6pm, Fridays between 8am – 4pm).
You can send an email to legal@novagenics.co.za or write to us at:
NOVAGENICS (Pty) Ltd
Legal Department
20 Daniel Estate, Elsie Road, Radiokop, Gauteng, South Africa, 1724
4.2 PRIORITIES
In case of contradiction between NOVAGENICS Terms and Conditions and any content contained in other parts of the Website or in links, NOVAGENICS Terms and Conditions contained in this document prevail.
4.3 AMENDMENTS TO THE NOVAGENICS TERMS AND CONDITIONS
We reserve the right to make changes to these Terms and Conditions at any time.
The use of this Website as well as any purchase agreement executed between you and us, will be subject to the version of the NOVAGENICS Terms and Conditions in force at the time you place the order through this Website or the day you browse this Website (as applicable).
Please check the NOVAGENICS Terms and Conditions periodically for changes.
4.4 DATA PROTECTION
NOVAGENICS fully respects the privacy of individuals who access and use the Website. For details on the manner in which we use cookies, the type of information we collect, how and for what purpose, we use your information and under what circumstances we disclose information please see our Privacy Policy, which are incorporated into and form part of these NOVAGENICS Terms and Conditions.
By placing a purchase order you agree and understand that we may collect, use, store and process your personal data in accordance with our Privacy Policy.
4.5 SEVERANCE
Each provision of the NOVAGENICS Terms and Conditions shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable from and shall not affect the enforceability of any of the other provisions of these NOVAGENICS Terms and Conditions.
4.6 SUBCONTRACTING AND ASSIGNMENT
NOVAGENICS reserves the right to sub-contract, transfer, assign or novate all or any of our rights and obligations under NOVAGENICS terms and conditions provided that your rights under NOVAGENICS terms and conditions are not affected. You may not sub-contract, assign or otherwise transfer any of your rights or obligations under the NOVAGENICS terms and conditions without our consent in writing.
4.7 EVENTS BEYOND REASONABLE CONTROL
NOVAGENICS will be not held responsible for any delay or failure to perform or comply with our obligations under the NOVAGENICS terms and conditions when the delay or failure arises from any cause which is beyond NOVAGENICS’ reasonable control.
4.8 APPLICABLE LAW AND JURISDICTION
The NOVAGENICS Terms and Conditions shall be governed by the laws of the Republic of South Africa.
You and NOVAGENICS hereby submit to the non-exclusive jurisdiction of the South African courts.
4.9 CAN I USE NOVAGENICS’ NAME, LOGO OR IMAGES?
As a general rule, you may not use NOVAGENICS’ name, logo or images for commercial purposes without authorization from NOVAGENICS. NOVAGENICS is not able to review each and every request for permission to use the NOVAGENICS name, logo or images. It is your responsibility to determine whether your proposed use is permissible in accordance with applicable laws. NOVAGENICS reserves the right to challenge any unfair uses or misuses of its name, logo and images.