Terms and conditions of website
1.1 By accepting and/or using this website, you agree to be bound by these terms and conditions.
1.2 We may at any time modify any of the terms and conditions, and such modification will supersede and replace any previous terms and conditions.
1.3 The amended terms and conditions will be made available on this website.
2. CONTENT OF THIS WEBSITE
2.1 Whilst every effort is made to update the information provided on this website on a regular basis, we make no representations or warranties (whether express or implied) as to the accuracy, completeness or reliability of any information, data and/or content contained on this website.
2.2 We reserve the right to change or discontinue any aspect, feature, information, data and/or content of this website at any time, and without any prior notice.
3. ACCESS CODES
3.1 Before purchasing any products via this website, you will be obligated to enter your user name, or personal identification number (“ID”), personal password (“password”) or other unique identification information.
3.2 We jointly refer to the ID, password and other unique identification information as your “access codes”.
3.3 You undertake to ensure that your access codes are not disclosed to any third party, and to immediately report to us any actual or potential unauthorized access to, or use of your access codes.
3.4 On receipt of such communication, we reserve the right to reject any communication received from you, suspend the processing of any
communications and orders not yet executed, and to immediately deactivate your access codes.
3.5 You undertake to refrain from ordering any products from us until such time as new access codes have been authorized by us.
3.6 We may from time to time require you to change your access codes for security purposes, and you undertake to immediately comply with such request.
4.1 You agree that all instructions, consents, orders and other communications which purport to originate from you, or a person who had authority to act on your behalf, to operate automatically (unless it is proven that such information system did not properly execute such programming) (collectively “the
originator”) and which are sent to us electronically and which may (as a result of interception, equipment malfunction, distortion of communication links, or any other reason whatsoever) be different from the instructions actually sent or given, or may not have been given at all, shall be deemed to have been given by the originator in the form actually received by us, and will you be bound by such instruction with no liability of whatsoever nature attaching to us in regard thereto.
4.2 You waive any rights that you may have, or obtained against us (arising directly or indirectly) from any loss or damage of whatsoever nature which you may suffer as a result of the fact that we act on your instructions/orders, or instructions/orders purported to emanate from you, and do you indemnify us
against any and/or all claims, liabilities, losses, costs, fines, damages and expenses incurred (whether directly or indirectly) by you, arising as a result of
the fact that we acted on your instructions/orders, or instructions/orders which purported to emanate from you.
5. ORDERS, CONFIRMATION & DELIVERY
5.1 The advertising of products via this website merely constitutes an invitation for you to make an offer to purchase our products, and do we remain entitled to reject any order/s without giving reasons therefore.
5.2 As erroneous or outdated prices may be displayed on this website from time to time, you agree that we will not be obligated to sell a product at such
5.3 Once you have selected the product you wish to purchase, and submitted your order to us, you will be given the opportunity to review the entire transaction and correct any mistakes, before electing whether to withdraw from the transaction, or proceed with the transaction.
5.4 By clicking on the “purchase” or similar “final submit” button, you are deemed to have submitted an offer to purchase the product/s selected by you,
and can the order not be withdrawn by you, unless we expressly agree thereto.
5.5 We reserve the right to cancel the order for any reason on notice to you.
5.6 Receipt of confirmation of the order (which constitutes acceptance by us to process the order) will be sent to you once we receive the order. Although the website is setup to confirm receipt of orders, technical or other problems may delay or prevent such confirmations. DO NOT resent your instruction if you do not receive a confirmation from us, as this may lead to a duplicate transaction for which you will be held liable.
5.7 Please note that a transaction will only be deemed to have been concluded once the product/service in question has been delivered/collected in accordance with the selected delivery option or agreed process. Delivery times are estimates only, and are we not liable for any late deliveries.
5.8 A pre-order is not a completed or confirmed order. Although every effort will be made to source the requested product, we cannot guarantee the availability of any product. We reserve the right to decline any pre-order without having to give any reason. Once in receipt of a pre-order, we will reserve the product for purchase by you, subject to stock availability. Final pricing of pre-ordered products may vary from the price displayed at the time the pre-order was placed. All pre-orders will be confirmed with you telephonically or via email.
5.9 A product request is not an order. Although every effort will be made to source the requested product, we cannot guarantee the availability or existence of any product. We reserve the right to decline any product request. Once in receipt of a product request, we will contact you telephonically or via email in order to confirm stock availability and pricing.
6.1 All orders shall be executed within the time period notified therefore by us. We will immediately notify you in the event of any product/s not being available for any reason whatsoever.
6.2 You accept that the display of product/s us not necessarily a guarantee that the product/s is available.
7.1 For details on payment options, please refer to payment options.
8. DISCLOSURES IN TERMS OF SECTION 43 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT, 25 OF 2002
8.1 Full name : Louis Nel Designs CC t/a GoodNel.com
8.2 Registration number :
8.3 Physical address :
8.4 Telephone number :
8.5 Telefax number :
8.6 Email address :
8.7 Website address :
8.8 VAT registration number :
9. COOLING-OFF PERIOD & RETURNS
9.1 In the event of you qualifying as a consumer in terms of the Electronic Communications and Transactions Act, you may enjoy certain cooling-off rights
in terms of which you can cancel any transaction for the supply of goods within seven (7) days after the date of receipt of the goods or services, or within
seven (7) days after the date of conclusion of the agreement, without reason or penalty.
9.2 If you have effected payment prior to exercising your right to return the product/s, we will refund you the full purchase price thereof, less any direct
costs incurred by us in returning such goods.
10. PRIVACY AND SECURITY
10.1 All personal information obtained by us by virtue of your use of this website is protected as set out in our privacy and security policy.
10.2 Further, the security processes and procedures used by us to protect information transmitted via this website are also set out in our privacy and
11. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
11.1 Copyright and intellectual property rights in all materials, texts, drawings and data made available on this website (collectively “the materials”) are owned by us, or lawfully used by us, and are same protected by both South African and
International intellectual property laws.
11.2 Accordingly, any unauthorized copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcasting or other circulation
or exploitation of such material, or any component thereof, will constitute an infringement of such copyright and other intellectual property rights; save that you may use the materials, or any component thereof, for your own internal purposes and for purposes of ordering products from us.
11.3 The trademarks, names, logos and service marks (collectively “trademarks”) displayed on this website are registered and unregistered trademarks of us.
11.4 Nothing on this website should be construed as granting any licence or right to use any trademark without our prior written permission.
12. EXTERNAL LINKS
12.1 External links may be provided for your convenience, but they are beyond our control, and is no representation made as to their content.
12.2 Use or reliance on any external links is solely at your own risk.
12.3 You may not link to this website, in any manner, or frame any content of this website in any other manner, or otherwise use any trademark without our prior written permission.
13. UNLAWFULL USE
13.1 You shall not use this website to sent or to post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law, and do you hereby indemnify us against any loss, liability, damage or expense of whatsoever nature which we, or any third party, may suffer and which is caused by or attributable to, whether directly or indirectly, your use of this website to send or post any message or material as set out herein above.
14. WARRANTIES, DISCLAIMERS & LIMITATION OF LIABILITY
14.1 Save as set out in these terms and conditions, we make no warranties, representations, statements or guarantees (whether express, residual or
implied in law) regarding this website and the products and/or services displayed thereon.
14.2 Products made available via this website are provided “as is”.
14.3 We, our members, representatives, agents and/or employees shall not be responsible for any loss, liability, damage (whether direct, indirect or
consequential) and/or expense of any nature whatsoever which may be suffered by you, or any third party, as a result of, or which may be attributable
(directly or indirectly) to your access and use of this website and/or an information contained on or via this website and/or your use of our products.
14.4 Without limiting the generality of the aforesaid, we, our members, representatives, agents and/or employees shall not be liable for any loss and/or
damage (whether direct, indirect or consequential) and/or expense of any nature whatsoever, which you may suffer as a result of any failure and/or
unavailability of this website for any reason whatsoever, and/or the failure/delay by any third party service provider to render any service which are
necessary to ensure the availability of this website, and do you hereby indemnify us in the event of any such loss, damage and/or expense materializing.
14.5 Notwithstanding anything to the contrary contained herein, we, our members, representatives, agents and/or employees shall not be liable for any direct, indirect or consequential loss (including, but not limited to loss of business, data and/or profit) incurred or sustained by you, or any third party, arising out of the use of, or reliance on any information offered on or via this website, or the use and/or unavailability of our products.
14.6 Without limiting the generality of the aforesaid, we shall not be liable to you, or any third party, for any loss or damage of whatsoever nature in the event that you request that an order be stopped and/or cancelled.
14.7 By accessing our website, you warrant and represent to us that you do so in order to purchase any of our products offered for sale via this website. You further warrant that all the details provided by you are true and complete and that you are legally capable of concluding this transaction. If you are younger than 18 (eighteen) years of age, you warrant that you have the consent of your legal guardian to enter into this agreement with us, or that you have obtained the necessary legal capacity to act in another manner.
14.8 We may in our sole discretion, and at any time, suspend or terminate the operation of this website without prior notice to you, and without the need to give you reasons for doing so.
15. USE OF THIS WEBSITE
15.1 We do not make any warranty or representation that information and products advertised on this website are immediately available for purchase, or that we have sufficient quantity in stock in the event of you placing an order.
16. ADDRESS FOR SERVICE
16.2 We shall be entitled from time to time, and by giving notice to you, to vary our physical address for service to any other physical address within the Republic of South Africa, and to vary our facsimile address for service to any other facsimile number.
17.1 Without detracting from the provisions of your account terms and conditions with us, the terms on this website constitute the sole record of the agreement between you and Louis Nel Designs CC t/a GoodNel.com in relation to your use of this website.
17.2 No indulgence or extension of time, either granted by you or us, will constitute a waiver of or, whether by estoppel or otherwise, will limit any of the existing or future rights of the grantor in terms thereof, save in the event that the grantor has signed a written document in which he/she/it has expressly waived or limited such rights.
17.3 We shall be entitled to cede, assign and delegate all or any of our rights and obligations in terms of these terms.
17.4 All provisions of these terms and conditions are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other.
17.5 Any provision of these terms and conditions, which is or becomes enforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatsoever, shall, in such jurisdiction only, and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of these fulfilling them, and shall your corresponding obligations also be suspended as a
result of the corresponding event.
17.7 In the event that force majeure continues for more that 14 (fourteen) days after it has first occurred, then we shall be entitled (but not obligated) to
terminate all of our rights and obligations in terms of, and arising out of, these terms and by giving notice to you of such termination.
17.8 An “event of force majeure” shall mean any event or circumstance whatsoever which is not within our reasonable control, including (but not limited to) vis major, casus fortuitous, any act of God, strike, theft, riots, explosion, insurrection or other similar disorder, war (whether declared or not) or military
operations, the downtime of any external communications line, power failure, international restrictions, any requirement of any international authority, any requirement of any government or other competent local authority, any court order, export control or shortage of transport facilities.
17.9 These terms and conditions shall be governed by, and construed in accordance with the laws of the Republic of South Africa, without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of the Magistrates’ Court in respect of any disputes arising in connection with the services referred to herein, or the terms related to, or in connection therewith.
17.10 For all purposes of calculating time periods GMT +2 shall be used.
17.11 These terms and conditions shall apply to all transactions you conclude via this website.
17.12 A certificate issued by an administrator of this website shall constitute prima facie proof of any fact related to this website, including (but not limited to) which version of the terms and conditions govern a particular dispute and what content was published or functionality was available on this website at a specific point in time.
17.13 The deeming provisions of the Electronic Communications and Transactions Act are excluded to the extent that no message shall be deemed to have been received by us, unless we acknowledge receipt thereof in writing. This does not detract from the fact that if you submit an order more than once, you may have concluded a double transaction for which you will be held liable, and that a transaction will only be deemed to have been concluded between you and us on delivery/collection of the product or service.