Terms and conditions

1. Introduction

1.1.  This Website can be accessed at www.nyoc.co.za related mobi-sites and software applications (the “Website”) and is owned and operated by NYOC Organic Foods (Pty) Ltd t/a NYOC.

1.2.   These Website Terms and Conditions govern the ordering, sale and delivery of Goods, and the use of the Website.

1.3.   The Website enables you to browse and shop online for an extensive range of ‘Goods’ which may include raw honey, skincare products, beeswax-based products and related goods.


2. Important Notice

2.1.   These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”) as well as the Electronic Communications and Transactions Act ( the “ETA”) No. 25 of 2002.

2.4.   If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to  ask NYOC to explain it to you before you accept the Terms and Conditions or continue using the Website.

2.5.   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 NYOC in terms of the CPA and ETA.

2.6.   NYOC 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 are entitled to refrain from using this Website if you do not agree to the Terms and Conditions.

2.7.   These Terms and Conditions are divided into three sections, as follows:

  • Section A – Orders, Sales and Returns;

  • Section B – Privacy Policy; and

  • Section C – General Legal Terms.


SECTION A – ORDERS AND SALES and RETURNS


3.   Registration and use of the Website

3.1.   Only once customers input the correct details for payment and shipping purposes will orders be authorised.

3.2.   Customers are obliged to provide certain information and personal details to allow orders to be fulfilled.

3.3.   You agree that, once your details have been entered, irrespective of whether the inputs were unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.

3.4.   You agree to notify NYOC immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your details and to take steps to mitigate any resultant loss or harm.

3.5.   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.

3.6.   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.

3.7.   You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.

3.8.  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 representative from NYOC.


4. Conclusion of Sales and availability of stock

4.1.   Users may place orders for Goods, which NYOC may accept or reject. Whether or not NYOC 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 NYOC for the Goods.

4.2.   Placing Goods in a 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. You cannot hold NYOC liable if such Goods are not available when you complete or attempt to complete the purchase cycle at a later stage.

4.3.   You acknowledge that stock of all Goods on offer is limited. NYOC 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 placing an order, NYOC will notify you and you will be entitled to a refund of the amount paid by you for such Goods.


5. Payment

5.1.   We are committed to providing secure online payment facilities.

5.2.   Payment can be made for Goods via -

5.2.1.       Instant EFT - Directly to NYOC’s bank account

5.2.2.       PayFast - Our enlisted Third Party payment gateway platform

5.2.2.1.   It is the responsibility of the customer to familiarise themselves with the Terms and Conditions associated with using Payfast to facilitate payment. For further information, feel free to contact PayFast directly.

5.3.   You may contact us via email at orders@nyoc.co.za to obtain a full record of your payment. We will also send you communication via email about your order and payment.

5.4.   Once you have selected your payment method and you accept these Terms and Conditions, you will be directed to the payment gateway applicable on the purchase price for the Goods.


6. Delivery of goods

6.1.   NYOC offers delivery of Goods to you via courier.

6.2.   Where it accepts your order, NYOC will deliver 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.

7. Returns

We want you to be happy with your purchase. If you are not completely satisfied, you can return the Goods to us and we will either replace it or refund you, subject to the terms below.

7.1.  In general, customers can return any product to us within 7 days of purchasing the item in accordance with the ETA (Electronic Communications and Transactions Act) No. 25 of 2002, provided:

7.1.1  its contents is unused, unconsumed or untampered with;

7.1.1  it is undamaged and unused, with the original labels and stickers still attached;

7.1.2. it is in the original packaging, which must be undamaged and in its original condition with all seals still intact (if applicable).

7.2.  Goods to be returned in the condition/s stated above at the expense of the user.

7.3.  Once we have inspected the product and validated your return, we will refund you with the purchase price of the product within 5-10 working days.

7.4.  In general, refunds are dealt with on a case-by-case basis.

7.4.1.  In the event of a parcel arriving to a customer either damaged or broken, and satisfactory proof thereof has been submitted (by way of a photograph upon discovery of defect), NYOC will replace the product or issue a refund at no additional cost to the customer.

7.4.2.  Photographic proof of damaged or broken goods can be submitted via e-mail to: orders@nyoc.co.za.


Section B – Privacy Policy

8. Privacy policy

8.1.   We respect your privacy and will take all reasonable measures to protect it, as detailed below.

8.2.   Should you decide to engage us a customer on the Website, we may require you to provide us with personal information which includes but is not limited to -

8.2.1.       your name and surname;

8.2.2.       your email address;

8.2.3.       your physical address;

8.2.4.       your mobile number, and/or;

8.2.5.       your date of birth.

8.3.   We will not, without your express consent:

8.3.1.       use your personal information for any purpose other than as set out below:

8.3.1.1.           in relation to the ordering, sale and delivery of Goods;

8.3.1.2.           to contact you regarding current or new Goods or services or any other goods offered by us;;

8.3.1.3.           to inform you of new features, special offers and promotional competitions offered by us

8.3.1.4.           to improve your experience on our Website by, inter alia, monitoring statistical non-personal browsing habits, and to transact with us; or

8.3.2.       disclose your personal information to any third party other than as set out below:

8.3.2.1.           to our employees and/or third party service providers who assist us to interact with you via our Website, email or any other method, for the ordering of Goods or when delivering Goods to you, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently.

8.4.   We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, order of court or legal process served on us, or to protect and defend our rights or property.

8.5.   We will ensure that all of our employees, third party service providers, affiliates and partners (including their employees and third party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality and non-use obligations (save as permitted herein) in relation to your personal information.

8.6.   We will -

8.6.1.       treat your personal information as strictly confidential;

8.6.2.       take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;

8.6.3.       provide you with access to your personal information to view and/or update personal details;

8.6.4.       promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;

8.6.5.       provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request;

8.6.6.       upon your request, promptly return or destroy any and all of your personal information in our possession or control; and

8.6.7.       not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.

8.7.   NYOC undertakes to never to sell or make your personal information available to any third party other than as provided for in this policy, UNLESS we are compelled to do so by law. In particular, in the event of a fraudulent online payment, NYOC reserves the right to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.

8.8. Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.



Section C – General Legal Terms

9. Changes to these terms and conditions

9.1.   NYOC 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.

9.2.   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.


10. Ownership and copyright

10.1.   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 NYOC, its partners and/or is licensed to NYOC.

10.2.   You will not acquire any right, title or interest in or to the Website or the Website Content.

10.3.   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. To obtain permissions for the use (commercial or otherwise) of any Website Content, contact NYOC at info@nyoc.co.za.


11. Disclaimer

11.1.   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.

11.2.   In addition to the disclaimers contained elsewhere in these Terms and Conditions, NYOC 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 NYOC, its employees, or authorised representatives. NYOC 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.

12. Limitation of liability

12.1.   NYOC 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 NYOC, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of email to info@nyoc.co.za.


13. Availability and termination

13.1   We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and reserve the right to discontinue providing the Website or any part thereof with or without notice to you.

13.2.   NYOC may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that NYOC 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 and to the extent possible.

13.3.   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, and you fail to remedy such failure within 7 (seven) days of notice to you by us, this may (in our sole discretion) lead to a suspension of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.


14. Governing law and jurisdiction

14.1.   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.

14.2.   Nothing in these Terms and Conditions limit your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.

 

15. NYOC information

For the purposes of the ECT Act, NYOC’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:

15.1.   Full name: NYOC Organic Foods (Pty) Ltd t/a NYOC, a private company registered in South Africa with registration number 2017/285200/07

15.2.   Main business: Retailer of agricultural goods and organic skincare products

15.3.   Physical address for receipt of legal service (also postal and street address): 8 St Peter Road, 106 Limore Building, Bellevue Johannesburg, 2198 (marked for attention: Directors and Legal)

15.4.   Office bearers: Mulalo Tshikalange, Thembalezwe Mntambo

15.5.   Phone number: 083 586 1138