TERMS AND CONDITIONS
Except as otherwise agreed in writing, all online purchases and transactions for the supply of the Products and/or services ("the Products") by Napsack, shall be subject to these standard terms and conditions of sale, including the supporting policies, as well as the Napsack Website Terms and Conditions. These terms and conditions will be subject to the CPA and the Credit Act.
"Affiliate" means any person, firm or corporation which is a subsidiary, parent or affiliate of Napsack or the successor to Napsack by a merger or by a transfer of a substantial amount of Napsack’s assets
"CPA" shall mean the Consumer Protection Act 68 of 2008;
"Credit Act" shall mean the National Credit Act 34 of 2005;
"Customer" shall mean the person, natural or otherwise, who purchases the Products from Napsack under these terms and conditions and shall include any ultimate end user of the Product;
"Products" shall mean all items including services presently being sold or supplied online by Napsack including but not limited to clothing, headwear, footwear, home ware, toys, kitchen appliances, furniture, sporting goods, outdoor equipment, books, DVDs ;
"On-Line Portal" means purchases made though the online sales platform currently available at www.napsack.co.za;
"Returns" means any return of any Product whether it be for an exchange or a refund, and irrespective of the reason for the return;
"Policies" means the various Napsack policies, which form part of this Agreement and which will be updated from time to time.
The Customer shall be bound by these standard terms and conditions of sale in all transactions relating to the purchase of the Products using Napsack's On-Line Portal.
Napsack reserves the right to reasonably decline any order and/or to suspend delivery and/or to decline to supply the Products to the Customer.
The payment terms are set out in the Payment Policy;
Subject to the CPA, and although Napsack will endeavour to deliver the Products according to the Customer's requirements, Napsack will not be bound to such delivery requirements of the Customer and accordingly Napsack shall not be liable in any manner whatsoever for failure or delay in delivery;
Napsack shall at its discretion be entitled to effect and invoice for part deliveries
This clause shall be read together with the standard Napsack Delivery Policy.
Irrespective of the type of transaction, Napsack hereby reserves its rights to ownership of the Products until fully paid for by the Customer;
On delivery of the Products to the Customer, the risk in and to the Products shall pass to the Customer notwithstanding that ownership in the Products remain vested in Napsack.
Napsack agrees to returns and exchanges provided that the following provisions shall be applicable, as well as those set out in the Delivery Policy and Returns Policy:
Return of Products to the Napsack physical address in Claremont, Cape Town will be free.
In instances where the services via the South African Postal Office (SAPO) or by courier are used to facilitate the return, the Customer shall be responsible for payment of any fees for such return;
The Customer shall not be refunded for any delivery cost under any circumstances;
Any refund or credit will only take place once Napsack has received and processed the return of the Products;
Napsack shall have a discretion to refund the Customer by any appropriate means including cash, a gift card (electronic or otherwise) or by crediting the relevant Customer account or applicable credit or debit card.
Subject to the CPA, Napsack makes no representations whatsoever and gives no guarantees against latent or patent defects in respect of the Products and all conditions and warranties whatsoever, whether implied or otherwise are hereby expressly excluded;
Subject to the CPA, Napsack shall not incur any liability of whatever nature arising in contract or delict from any injury, loss or damage to any person or property arising from the use of the Products;
The Products supplied by Napsack shall be suitable only for the purpose designed and intended and the Customer shall ensure the Products are handled, stored, installed, used, worn or otherwise dealt with in a normal and proper manner and where applicable, in a manner consistent with the instructions given by Napsack.
Subject to the CPA, no claim shall lie against Napsack arising out of or in connection with any defects in, or unsuitability of the products.
Without derogating from the generality of any of the provisions hereof, and subject to the CPA, Napsack shall not at any time be liable for any claims of whatsoever nature and howsoever arising for direct or consequential loss or damage which may be sustained by the Customer in connection with the use of the Products and the Customer hereby indemnifies Napsack against all such claims.
By accepting the terms and conditions when registering a shopping profile, the user also gives permission to be subscribed to Napsack's e-mail database. The user can change or manage his/her newsletter subscription settings or unsubscribe from a newsletter by clicking on the unsubscribe link that will be incorporated into the footer area of all promotional newsletters.
PROHIBITION OF SET OFF
The Customer, to the extent allowable in terms of the CPA, waives any right of set off the Customer might have against Napsack in respect of any amount which may now or in the future be or become owing by Napsack to the Customer. The Customer agrees and acknowledges that it shall not be entitled to advance the defence of set off or mutual extension of debts or counter claim in any proceedings which Napsack may bring against the Customer for the enforcement of its rights whether in respect of credit facilities extended by Napsack to the Customer or otherwise.
Any claim the Customer may at any time have arising wholly or partially out of or in connection with the disposal by it of the Products, or certain of them, shall be deemed to have been ceded to Napsack as security for the Customer's obligations hereunder.
Subject to the CPA, in all transactions with the Customer, any clauses or conditions contained in or forming part of the Customer's documents shall not amend or modify these terms and conditions of sale and Napsack shall not be bound thereby;
These standard terms and conditions of sale shall supersede any conflicting clauses or conditions whether verbal or contained in any of the Customer's documents.
No indulgence which Napsack may grant to the Customer shall in any way be deemed to affect, prejudice or derogate from the rights of Napsack nor shall such indulgence constitute a waiver or novation of any of the rights of Napsack who shall not thereby be precluded from exercising any rights against the Customer which may have arisen in the past or which may arise in the future.
Napsack and the Customer agree to keep any confidential information that they receive from one another confidential by using the same degree of care that they would use to protect their confidential information. Napsack will not disclose the Customers confidential information to anyone else, unless the customer allows Napsack to do so. The Customer must do the same with the confidential information about Napsack. Napsack can, however, disclose the Customers confidential information to Napsack's employees and contractors who need to know and use the information in order to perform their obligations in terms of this agreement
Napsack shall, further abide by its Privacy and Confidentiality Policy, as set out in the Napsack Terms and Conditions
Should the Customer fail to make any payment to Napsack under any contract or should the Customer be in breach of any of the provisions of these standard terms and conditions of sale and fail to remedy such breach within 7 (seven) days after receiving a written demand that it be remedied, Napsack shall be entitled without prejudice to any alternative or additional right of action or remedy available to Napsack to cancel any contract with the Customer with immediate effect.
In the event that any legal action is taken or any amount remains outstanding and Napsack instructs attorneys to recover such unpaid costs, the Customer shall be liable for all legal costs incurred by Napsack.
All transactions shall be governed in all respects by, and shall be construed and interpreted according to the laws of the Republic of South Africa.
Subject to the CPA, the Customer also agrees and consents in terms of Section 45 of the Magistrate's Court Act ("the MCA") to the jurisdiction of a Magistrate's Court having jurisdiction in respect of the Customer or the claim in terms of Section 28 of the MCA in respect of any proceedings or claims or action being instituted against the Customer by Napsack in terms hereof or otherwise, notwithstanding that the amount of such claim may exceed the jurisdiction of such Magistrate's Court, provided that Napsack may in its discretion be entitled to bring such proceedings in any other court of competent jurisdiction, the Customer agreeing and submitting itself to the jurisdiction of the Cape Town Division of the High Court of South Africa or any other division of the High Court of South Africa chosen by Napsack in the event of Napsack exercising its rights in terms hereof.
The Customer chooses domicilium citandi et execut andi at the shipping or delivery address as reflected in the invoice, failing which any other physical address of the Customer