Terms & Conditions

AGREEMENT BETWEEN THE USER AND NAPZ-Unlimited (Pty) Ltd

Note: We treat our customers as real people and this should be as far as our terms and conditions need to go. We expect our customers to respect this too and behave the same way towards us in return.

 

  1. Overview
    • NAPZ-Unlimiteds’ website is comprised of various web pages operated by NAPZ-Unlimited (Pty) Ltd.
    • NAPZ-Unlimiteds’ website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of our website constitutes your agreement to all such terms, conditions, and notices.
    • Our terms and conditions (‘Terms and Conditions’) govern the ordering, sale and delivery of goods, and the use of the website.
    • These terms and conditions are binding and enforceable against every person that accesses or uses our website (‘the user’, ‘you’, ‘your’), including without limitation each user who registers as contemplated below (‘registered user’). By using our website and by clicking on the ‘Register’ button on our website, as may be applicable, you acknowledge that you have read the terms and conditions and agree to be bound by these terms and conditions.
    • The website enables you to shop online for an extensive range of products which may include shirts, chinos, jeans, trousers, blazers, sports jackets, accessories, footwear and other (‘Products’). By agreeing to these terms and conditions, you represent that you are at least the age if majority in your state or province of residence, or that you are the age of maturity in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our product(s) for any illegal or unauthorised purpose nor may you, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright laws).

2. Modification of these terms and conditions

NAPZ-Unlimited reserves the right to change the terms, conditions, and notices under which the NAPZ-Unlimiteds’ website is offered.

 

3. Important notice

3.1. For the purposes of the Consumer Protection Act, 68 of 2008 (the ‘CPA’), these terms and conditions apply to users who are consumers.

3.2. These Terms and Conditions contain provisions that appear in similar text and style to this clause and which:

3.2.1. May create risk or liability for the user; and/or

3.2.2. May limit the risk or liability of NAPZ-Unlimited; and/or

3.2.3. May compel the user to indemnify NAPZ-Unlimited; and/or

3.2.4. Serves as an acknowledgement, by the user, of a fact.

3.3. Your attention is drawn to these terms and conditions because they are important and should be carefully noted.

3.4. It is your responsibility to ask NAPZ-Unlimited to explain the terms and conditions to you, if there is any provision in these terms and conditions that you do not understand, before you accept the terms and conditions or continue using the website.

3.5. 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 NAPZ-Unlimited in terms of the ‘CPA’.

3.6. NAPZ-Unlimited permits the use of this website subject to the terms and conditions. By using our 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.

 

  1. Returns

Please refer to our ‘Returns Policy’ for more information about cancelling orders after delivery, and about returns relating to refunds, replacements, defects or repairs. The returns policy is incorporated by reference (which means that it forms part of these terms and conditions). The provision of goods and services by NAPZ-Unlimited Pty Ltd is subject to availability. In cases of unavailability, NAPZ-Unlimited Pty Ltd will refund the client in full within 5 working days. Cancellation of orders by the client will attract a 3% administration fee.

 

  1. Registration and use of the website
    • . Only registered users may order/purchase goods on the website.
    • . To register as a user, you must provide NAPZ-Unlimited, your mobile number and other necessary information/personal details for example, the delivery address etc. Once registered, you will need to use your mobile number or email address and password to access the website in order to purchase goods.
    • . You agree and warrant that your contact number/email address and password shall:
      • be used for personal use only; and
      • not be disclosed by you to any third party.

5.4. For security purposes you agree to enter the correct mobile number/email address and password whenever ordering goods, failing which you will be denied access.

  • To verify that it is in fact your correct mobile number, an SMS will be sent to your mobile device with an OTP number. 
  • You agree that, once the correct mobile number/email address and password relating to your account have been entered, irrespective of whether the use of the mobile number/email address and password is 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.
  • You agree to notify NAPZ-Unlimited immediately upon becoming aware of or reasonably suspecting any unauthorised access to the use of your mobile number/email address 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 instruments 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 devices, or manual process to monitor, copy, distribute or modify the website or the information contained herein, without the prior written consent from an authorised company 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 that 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 company representative.

     

    1. Conclusion of sales and availability of stock

    6.1. Receipt of payment or payment authorisation by NAPZ-Unlimited for the goods   confirms a purchase. Orders are subject to availability and receipt of payment; requests will be processed within 5 working days for delivery confirmed by courier.

    6.2. Note: NAPZ-Unlimited will indicate the confirmation of your order by delivering the goods to you, and only at that point will an agreement of sale between you and NAPZ-Unlimited come into effect (the ‘Sale;). This is regardless of any communication from NAPZ-Unlimited stating that your order or payment has been confirmed. NAPZ-Unlimited will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.

    6.3. Orders may not be cancelled after receipt of payment of the goods by NAPZ-Unlimited. After dispatch of your goods, you may cancel the sale only in accordance with the returns policy.

    6.4. Placing products in a shopping basket without completing the purchase cycle does not constitute an order for such goods, and as such, products may be removed from the shopping basket if stock is no longer available. You cannot hold NAPZ-Unlimited liable if such products are not available when you complete or attempt to complete the purchase cycle at a later stage.

    6.5. You acknowledge that the stock of all products on offer is limited. In the case of products for sale by NAPZ-Unlimited, NAPZ-Unlimited 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, NAPZ-Unlimited will notify you and you will be entitled to a refund of the amount paid by you for such Goods.

     

    1. Payment

    7.1. We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology. All payments are processed by PayFast; card transactions will be acquired for NAPZ-Unlimited (Pty) Ltd via PayFast (Pty) Ltd who are the approved payment gateway for all South African acquiring banks. PayFast uses the strictest form of encryption, namely secure socket layer 3 (SSL3) and no card details are stored on the website. Users may go to www.payfast.co.za to view their security certificate and security policy.

    7.2. Payment can be made for goods via:

    7.2.1. Credit card – where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases, we reserve the right 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 credit card supplied for purposes of paying for the goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the website. Payment can be made with VISA or MasterCard.

    7.3. You may contact us via email at admin@napz-unlimited.co.za to obtain a full record of your payment. We will also send you email/SMS communications about your order and payment.

    7.4. Once you have selected your payment method and you accept these terms and conditions, you will be directed to a link to a secure site for payment of the applicable purchase price for the goods.

     

    1. Delivery of goods

    8.1. NAPZ-Unlimited offers one method of delivery of goods to you, which is via courier at a stipulate or free of charge fee.

    8.2. Some items (heavy or large, based on volumetric weight) may carry additional delivery fees. These additional fees are included in the delivery cost upon checkout. Additional delivery volumetric costs are broken down as follows:

    • Within South Africa – NAPZ-Unlimited provides free delivery for orders above R1000.00 and a delivery fee of R100 will be charged for orders below R1000.00
    • Outside South Africa – Delivery will be charged as per the shipping cost for every kilogram (Kg) of order weight.
    • Where it accepts your order, NAPZ-Unlimited 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 within 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. Customer details will be stored by NAPZ-Unlimited (Pty) Ltd separately from card details which are entered by the client on PayFasts’ secure site. For more details on PayFast, refer to payfast.co.za.

       

      1. Errors

      We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of products on the website. However, should there be any errors of whatsoever nature on the website (which are not due to our gross negligence), 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.

       

      1. Material provided to NAPZ-Unlimited (Pty) Ltd
        • NAPZ-Unlimited (Pty) Ltd does not claim ownership of the materials you provide to NAPZ-Unlimited (including feedback and suggestions) or post, upload, input or submit to any NAPZ-Unlimiteds’ website or its associated services (collectively ‘Submissions’). However, by posting, uploading, inputting, providing or submitting your submission you are granting NAPZ-Unlimited, its affiliated companies and necessary sub-licensees permission to use your submission in connection with the operation of their internet businesses including, without limitation, the rights to, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your submission and to publish your name in connection with your submission.
        • No compensation will be paid with respect to the use of your submission, as provided herein. NAPZ-Unlimited is under no obligation to post or use any submission you may provide and may remove any submission at any time in NAPZ-Unlimiteds’ sole discretion.
        • By posting, uploading, inputting, providing or submitting your submission you warrant and represent that you own or otherwise control all of the rights to your submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the submissions.

       

      1. Vouchers, Coupons, Promotions and Referral Bonuses

        11.1. NAPZ-Unlimited may from time to time make electronic gift vouchers (‘Vouchers’) and electronic promotional coupons (‘Coupons’) available for use on the website towards the purchase of NAPZ-Unlimited products. Vouchers, gift cards and referral bonuses can only be redeemed while they are valid and their expiry dates cannot be extended. More specifically: Vouchers. None of these vouchers, gift cards, coupons, promo-codes, referral bonuses can be exchanged for cash.11.2. Vouchers are valid for 6 months after the sale. If your voucher has not been used within that period, it will expire.

        11.3. Once a voucher is purchased, an email will be sent to your email address with a unique voucher code. To redeem your voucher, you must present the voucher with the unique code received via email to the salesman in the store. You can then choose from a selection of products applied to your voucher. Vouchers do not accrue interest and are not refundable for cash once purchased.

        11.4. If your Voucher value is insufficient for the order you wish to place, you may make up the difference by paying via one of our other payment methods.

        11.5. From time to time NAPZ-Unlimited will run promotions. These promotions will either be on selected products or site wide. For each promotion, there will be specific terms and conditions. Promotions may require the customer to apply the stated promo code to their cart during the check-out process.

            • Promo-code discounts, even if site-wide, will only apply to physical products. No promo-code discount will be applied to gift vouchers/cards.

         

        12. Electronic communications

        When you visit the website or send emails to us, you consent to receive communications from us or any of our divisions, affiliates or partners electronically in accordance with our privacy policy.

         

        13. Ownership and copyright

        13.1. The contents of the website, including any material, information, data, software, icons, text, graphics, layouts, 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 trademark law. The website content is the property of NAPZ-Unlimited, its advertisers and/or sponsors and/or is licensed to NAPZ-Unlimited.

        13.2. You will not acquire any right, title or interest in or to the website or the website content.

        13.3. 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 permission for the commercial use of any website content contact: admin@napz-unlimited.co.za.

        13.4. Where any of the website content has been licensed to NAPZ-Unlimited 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.

         

        14. Disclaimer

        14.1. The use of the website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from the use of the website or reliance on any information on the website.

        14.2. Whilst NAPZ-Unlimited takes reasonable measures to ensure that the content of the website is accurate and complete, NAPZ-Unlimited 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.

        14.3. NAPZ-Unlimited disclaims liability for any damage, loss or liability, 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. NAPZ-Unlimited claims no ownership of the content of this boilerplate document.

        14.4. 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.

        14.5. Any views or statements made or expressed on the website are not necessarily the views of NAPZ-Unlimited, its directors, employees and/or agents.

        14.6. In addition to the disclaimers contained elsewhere in these terms and conditions, NAPZ-Unlimited 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, jeopardize 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, jeopardize, 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 NAPZ-Unlimited, its employees, agents or authorised representatives. NAPZ-Unlimited thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with your access to or use of the website.

         

        15. Linked third party websites

        15.1. 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 NAPZ-Unlimited is not responsible for the practices and/or privacy policies of those third party websites or the ‘Cookies’ that those sites may use.

        15.2. 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 therein.

         

        16. Limitation of liability

        16.1. NAPZ-Unlimited 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 NAPZ-Unlimited, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of email to admin@napz-unlimited.co.za.

        16.2. NAPZ-Unlimited 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, the website or the content contained in the website; or your inability to use the website, and/or unlawful activity on the website and/or any linked third party website.

        16.3. You hereby indemnify NAPZ-Unlimited against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of this website and/or any linked third party website.

         

        17. Availability and termination

        17.1. 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.

        17.2. NAPZ-Unlimited may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that NAPZ-Unlimited 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.

        17.3. 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.

         

        18. Governing law and jurisdiction

        18.1. 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.

        18.2. In the event of any dispute arising between you and NAPZ-Unlimited, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (South Gauteng High Court, Johannesburg) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.

        18.3. You hereby select the address specified on the goods order form as your nominated address, but you may change it to any other physical address by giving NAPZ-Unlimited not less than 7 days’ notice in writing.

        18.4. 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;

        18.4.2. by prepaid registered post, will be deemed to have been received 5 days after the date of posting; and

        18.4.3. 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.

         

        1. NAPZ-Unlimited information

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

        19.1. Full name: NAPZ-Unlimited(Pty) Ltd t/a NAPZ-Unlimited.co.za, a company registered in South Africa with registration number 2021/988916/07

        19.2. Main business: Wholesale/Retail

         

        1. Merchant outlet country and transaction currency

        The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).

         

        1. Responsibility

        NAPZ-Unlimited Pty Ltd takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.

         

        1. General

        22.1. NAPZ-Unlimited 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 users’ right to use the website or any of its contents subject to us processing any orders then already made by you.

        22.2. You may not cede, assign or otherwise transfer your rights and obligations in terms of these terms and conditions to any third party.

        22.3. Any failure on the part of you or NAPZ-Unlimited to enforce any right in terms hereof shall not constitute a waiver of that right.

        22.4. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.

        22.5. 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.

        22.6. 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 grantors’ 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.

        22.7. These terms and conditions contain the whole agreement between you and NAPZ-Unlimited and no other warranty or undertaking is valid unless contained in this document between the parties.

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