By using this website, you acknowledge that you have read and understood these Terms and agree to be bound by them.
If you have any questions regarding our website, the Terms and Conditions or about products, please contact us as soon as possible.
These Terms and Conditions (“the Terms and Conditions”) govern your (“the User”, “Customer”, “You”) use of the ITs Nice (PTY) LTD (“Provider”, “we”, “the Company”, “us”, “our”) website located at the domain name www.itsnice.co.za (“the Website”).
“Products” shall mean all items in online catalogue including services presently being sold by ITs Nice (PTY) LTD Online platform.
In any event, these Terms and Conditions govern the supply of any product ordered by you on the website. By ordering a product, you agree to be legally bound by these Terms and Conditions.



USE OF THE WEBSITE

  • Your use of this site indicates your acceptance of these terms and your agreement to follow and be bound by them.
  • You may only use this website for lawful purposes and you warrant that you will not, other than for your personal and non-commercial use, store on your computer, or print copies of extracts from this website.
  • Use of the information in any manner which infringes any copyright or proprietary interests of ITs Nice (PTY) LTD is prohibited.
  • The User may not access, display, use, download, and/or otherwise copy or distribute the Content obtained on the website for marketing and other purposes without the consent of the Provider.
  • The unauthorised 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 are prohibited from posting or transmitting, by means of reviews, comments, suggestions, ideas, questions or other information through the Website, any content which is, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually-explicit, profane or hateful, or racially, ethnically or otherwise objectionable content of any kind. Should you place on or submit to the Website any such harmful content or should you breach any clause in these Terms and Conditions, ITs Nice (PTY) LTD may immediately terminate and/or suspend your access to all or parts of the Website, without any further notice to you.
You are responsible for maintaining the confidentiality and security of your User Name and Password for access to the Website and you accept full liability for all activities that occur on or related to the Website under your User Name. You may not:

  • impersonate another User or any third party; and
  • provide false information to gain access to the Website

CHANGES TO THESE TERMS AND CONDITIONS

We reserve the rights to change, modify, add or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
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.
The Company may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that the Company will not be liable to you in the event that it chooses to suspend, modify or terminate this Website.

COPYRIGHT NOTICE

All of the content you see on this website, including all of the page headers, images, illustrations, graphics and text, are subject to trademark, service mark, copyright and/or other intellectual property rights or licenses held by ITs Nice (PTY) LTD.

ITs Nice (PTY) LTD grants you permission to use and browse this site for your personal, lawful, non-commercial use only. Any other use of materials on the site, including a reproduction for purposes other than those noted above, modification, distribution or reproduction, without the prior written consent is strictly prohibited and constitutes an unlawful infringement of our intellectual property rights. You are not permitted to use the content of our website, our logos or any product or other images that appear on our website without our prior written consent.

DISCLAIMERS AND EXCLUSIONS OF LIABILITY

Use of our website is entirely at your own risk. We make no representations or warranties of any kind, whether express or implied. We do not warrant that the functions provided by the website will be uninterrupted or error free, or that the website or the server that makes it available are free from viruses or other harmful components. We accept no liability, to the extent permitted by law, for any direct, indirect, incidental, special or consequential loss or damage of any kind whatsoever or howsoever caused arising from the access or use of our website or the purchase of any of our products or services. You agree, to the extent permitted by law, to indemnify us against any loss or damage suffered or liability incurred by reason of any act or omission on your part or that of any third party acting on your behalf in connection with your use of our website and/or your purchase of any products or services. While we take all reasonable steps to safeguard the security of any information you input or send to us in connection with our service, by using secure services and encryption technology where we deem appropriate, we accept no responsibility or liability whatsoever for any damages that you may suffer as a result of the breach of confidentiality of such information.

PRIVACY POLICY

We respect your privacy and take privacy seriously.
The private information required for executing the orders placed through the e-commerce facility, namely the User’s personal information and credit card details, delivery address and telephone numbers will be kept in the strictest confidence by the Provider and not sold or made known to third parties. Only the necessary information, that is the delivery address and contact phone number will be made known to third parties delivering the product.  Credit card details are not kept by the Provider under any circumstances.

The Provider cannot be held responsible for security breaches occurring on the User’s electronic device (Personal Computer or other electronic device used to browse the Website), which may result due to the lack of adequate virus protection software or spyware that the User may inadvertently have installed on his/her device.

Information regarding the operating systems, browsers and IP origins of the users of this website is collected for statistical reporting purposes. No personal information regarding the users of this website is obtained aside from that which is freely given by the user. This information, namely email addresses and cellular phone numbers, will not be given or sold to any third parties and will be used solely for the purposes of sending communication / weekly specials via them. You have the option to opt out at any time by replying ‘STOP’ to the SMS’s or e-mails that we send you.

When subscribing to our newsletter or entering your phone number when creating an account, you consent to receive communications from us via email or SMS. You will be able to, at all times, opt out of either of these forms of communication.

All online credit card payments are processed by the PayFast Internet Payment Gateway.  Card Holders may go to www.payfast.co.za to view PayFast’s security policies.

GOVERNING LAW

This Website is controlled, operated and administered by Provider from its offices within the Republic of South Africa. Access to the Website from territories or countries where the Content or purchase of the products sold on the Website is illegal is prohibited. The User may not use this Website in violation of South African export laws and regulations. If the User accesses this Website from locations outside of South Africa, that User is responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the High Court of the Republic of South Africa (Gauteng Division) in the event of any dispute. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement between the Provider and the User with regard to the use of the Content and this Website.

PRICES

The prices displayed on this site are quoted in South African Rands inclusive of Value Added Taxation (‘VAT’) and are valid only in South Africa. Prices do not include delivery charges. We have made every effort to display as accurately as possible all products and prices however, products and prices displayed on this site may vary from time to time and are subject to availability. We reserve the right to discontinue or change the specifications of our products and services from time to time without notice. ITs Nice (PTY) LTD shall in no way be held responsible for any errors or misstatements emanating from this website.
If a price as displayed contains an inadvertent and obvious error, ITs Nice (PTY) LTD is not bound by it after- (a) correcting the error in the displayed price; and (b) taking reasonable steps in the circumstances to inform consumers to whom the erroneous price may have been displayed of the error and the correct price.

COLOURS

We have done our best to display as accurately as possible the colours of the products shown on this website. However, the colours of our products shown on this website may look different on your computer compared with the colour of the actual product. This is because different computers display colours differently depending on the type of computer screen (LCD, plasma, desktop, laptop etc.). We cannot guarantee that your monitor’s display of any colour will be accurate.

STOCK AVAILABILITY

Although all product items are displayed on the website, this is no guarantee that there is stock available. Please feel free to call to check availability. ITs Nice (PTY) LTD will not be held liable for products displayed on the website that are out of stock in the stores.

ACCURACY OF WEBSITE CONTENT

All reasonable steps are taken to ensure that the information on our website is accurate and up-to-date. We do not, however, warrant that the content or information displayed is always accurate, complete and/or current.
Errors:  We shall take all reasonable efforts to accurately indicate prices and delivery charges.  However, should products be erroneously offered at incorrect prices and/or delivery charges, We will not be obliged to sell products at such incorrect prices and/or delivery charges, but  shall  refund monies paid by you should you not wish to proceed with the purchase at the correct price and/or delivery charge.

CUSTOMER FEEDBACK

Visitors may post reviews and feedback, submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address or impersonate any person or entity.

TERMS AND CONDITIONS OF ONLINE SALE

Except as otherwise agreed in writing, all online purchases and transaction for the supply of the Products by ITs Nice (PTY) LTD shall be subject to these standard terms and conditions of sale.
On the Website, at checkout, once you tick “I accept the Terms and Conditions” a legally-binding agreement between you and the Company is formed. All orders with the Company will be sent to you via email.
We reserve the right at all times to reasonably decline any order and/or to suspend delivery and/or to decline to supply the Products to the Customer.

PAYMENT

Your payment for any products ordered online from www.itsnice.co.za must be made to us in any one of the following ways:

  • Credit Card / Debit cards / Cheque Cards – where payment is made by credit card, we may require additional information in order to verify the validity of payment. In such cases we reserve the right to withhold delivery until such time as this additional information is required.
  • Direct bank deposit or electronic funds transfer (EFT) – where payment is made by bank deposit or electronic funds transfer (EFT), you must: i) pay the exact amount as stated on the order receipt; ii) the payment must be identified by supplying the order number as a reference iii) proof of payment must be sent; iv) make payment within 5 days of placing your order, and the Company will not execute the order until receiving confirmation that payment has been received and the money is reflecting in our bank account; v) payment can take up to 3 working days to reflect in our bank account.

Once you accept these Terms and Conditions of Sale, you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods. All online credit card payments are processed by the PayFast Internet Payment Gateway.  Card Holders may go to www.payfast.co.za to view PayFast’s security policies.
We prescribe to high security and encryption standards meaning you can shop online with peace of mind. It is also to be noted we take all reasonable security measures to ensure that payment and card details, as well as related confidential information, cannot be accessed by anyone who is not authorized to do so. All personal information that you provide to us is subject to our Privacy Policy as stated above.

DELIVERY AND COLLECTIONS

For purposes of this clause, “ITs Nice (PTY) LTD” shall include any Affiliate, agent, courier service provider or independent contractor who may affect delivery on behalf of ITs Nice (PTY) LTD.
For purchases made online www.itsnice.co.za we aim to deliver to your door within 3 to 10 working days after full payment is received.
For those products that are made to order, or are not currently in stock, a longer order period / delivery period is required.
The following Terms apply:

  • Delivery charges apply and delivery will only be completed once the delivery charge has been paid and received in full. Our drivers or Delivery Company will not accept any cash on delivery.
  • Due to circumstances beyond our control there may be instances where the delivery time could be effected. The customer will be alerted to any changes. We will notify you if we are unable to meet our estimated delivery timeframe but, to the extent permitted by law, we shall not be liable for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery. Delivery may take longer during peak periods (November to December).
  • A delivery address cannot be changed after checkout so please double check the information you are entering. Should it be essential for the delivery address to be changed, this could attract additional charges at the discretion of ITs Nice (PTY) LTD.
  • When effecting delivery at the customer’s premises or such other premises as nominated by the Customer, the Customer shall be responsible for receiving, unloading and checking the Products in the presence of the ITs Nice (PTY) LTD representative making delivery. We require that a delivery document be signed by the customer to indicate that each item has been received in good order. ITs Nice (PTY) LTD cannot be held liable for any damages that aren’t marked clearly on the delivery note.
  • In the case of damaged / incorrect items being delivered, ITs Nice (PTY) LTD will replace the items at no charge. The damages must be indicated on the proof of receipt/delivery and the company/carrier representative and the person receiving the item must both sign the proof of receipt/delivery to this effect.
  • Delivery of the products at the shipping or delivery address nominated by the Customer shall constitute good delivery. Any acknowledgement of receipt by the Customer or any authorised representative or employee of the Customer, whether direct or indirect, in writing or otherwise shall serve to also confirm delivery.
  • ITs Nice (PTY) LTD or the elected carrier will contact the customer to arrange delivery at a time convenient for the customer on any weekday. Additional deliveries due to customers missing appointment times and/or inaccessible premises will be payable by the customer. Should you require delivery on a weekend, please contact us before you complete your order / check out.
  • We accept no responsibility whatsoever for incorrect delivery details or, if an unauthorised person at the delivery address, accepts delivery of the order and Products. Reasonable care and steps will be taken to avoid this from happening.
  • Delivery may take longer during peak periods (November to December) and sale periods.
  • All online orders are dispatched from the main warehouse in Cape Town and delivered to your door. ITs Nice (PTY) LTD will not be liable for a refund should you not be willing to wait for the specified delivery period. When you accept the Terms and Conditions upon placing an order, you accept that delivery can take up to 10 working days.

COLLECTIONS

There is no collection option for purchases made online at  www.itsnice.co.za.

CANCELLATION, CHANGE OF MIND AND REFUNDS

For online orders, if the order has not yet been processed, it can be cancelled. You will receive a full refund of the purchase price within 30 days of the date of cancelling the order.

RETURNS

ITs Nice (PTY) LTD agrees to returns of Products provided that the following provisions shall be applicable, as well as those set out in the Returns Policy. This Returns Policy forms part of and should be read together with the Terms and Conditions.

1.  RETURNING PRODUCTS THAT ARE DEFECTIVE OR DAMAGED:

When a product is delivered damaged:
You have the right to refuse delivery of any product that is visibly damaged upon delivery. You must stipulate clearly that you have not received the goods with a brief description of the damage on the delivery note. The driver / delivery company will take the product/s back with them and return them to ITs Nice (PTY) LTD. Please contact ITs Nice (PTY) LTD immediately to report this.
Damage after delivery:
If damage to a product/s only becomes apparent after delivery, you have 48 hours to report the damage to ITs Nice (PTY) LTD. In these instances the return / replacement of the product is at the discretion of ITs Nice (PTY) LTD. The following applies:

  • ITs Nice (PTY) LTD cannot be held liable for any damages visible at the time of acceptance of delivery that were not indicated on the proof of receipt/delivery by the customer.
  • If damage is reported after 48 hours, it is reasonable for ITs Nice (PTY) LTD to determine that damage was caused post-delivery.
  • Where defective items are replaced, ITs Nice (PTY) LTD is liable for the collection and delivery costs.
  • If upon inspection the product is found not to be defective, you (the customer) will be liable for all transport costs and a handling / administration fee of 5% with a minimum of R100 (Hundred Rand) will be charged. The product will be returned in packaging similar to how they were received by ITs Nice (PTY) LTD.
  • If the original packaging has been discarded it is your (the customer’s) responsibility to ensure that goods are reasonably packaged and protected before being returned. Damages that occur as a result of absent or insufficient packaging/protection will carry additional charges that the customer will be liable for at ITs Nice (PTY) LTD discretion.
  • Quality control inspection can take up to 3 working days.
  • Processed refunds can take between 3 working days (Electronic Funds Transfer – EFT) and 7 working days (credit card) to reflect in your (the customer’s) bank account.

2. REFUNDS

Should you be entitled to a refund for any reason as stated above, refunds will be done according to your original method of payment.

WARRANTY

Warranty period will be determined by product category and indicated on invoice.

BREACH

Should the Customer fail to make any payment to ITs Nice (PTY) LTD under any contract or should the Customer be in breach of any of the provisions of these Terms and Conditions and fail to remedy such breach within 7 (seven) days after receiving a written demand that it be remedied, ITs Nice (PTY) LTD shall be entitled, without prejudice to any alternative or additional right of action or remedy available to ITs Nice (PTY) LTD, to cancel any contract with the Customer with immediate effect.

SECURITY

Any person that delivers or attempts to deliver any damaging code to this Website or attempts to gain unauthorised access to any page on this Website shall be prosecuted and civil damages shall be claimed in the event that ITs Nice (PTY) LTD suffers any damage or loss.

You agree and warrant that your login name and password shall: i) be used for your personal use only; and ii) not be disclosed to any third party.
If you have any questions regarding our website, the Terms and Conditions or about products, please contact us as soon as possible.

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