TERMS AND CONDITIONS

Nicola West Pty Ltd. Online Terms & ConditionsLast modified: 4 June 2020Please take a moment to read these general terms and conditions (the “General Terms”) to understand how they apply to your installation, access and/or use of our website  (collectively “the Services”) for information or shopping purposes or if you wish to apply for any of our products and/or services.


If you have any questions regarding these General Terms please email us at info@nicolawest.com

Who Owns the Services?

The Services are owned and operated by Nicola West Proprietary Limited (“W35T”), a company registered in the Republic of South Africa (Reg.No.2019/110456/07), which has its registered office at 181A Blaauwberg Road, Table View, Cape Town, 7441, South Africa. All rights and/or defences afforded to us in these General Terms shall stand to the benefit of our NW group of companies.

Terms and Conditions Apply


These General Terms apply to your use of the Services and incorporate our privacy notice which may also apply to you, so please take a moment to read this. By using the Services, you acknowledge that you have read and understood these General Terms and agree to be bound by them.  

Amended or Updated Terms


We may periodically update or change the General Terms, without notice. You should check them from time to time as your continued use of our Services will mean you accept any updated or revised General Terms.

Product Sales and Availability

We reserve the right to discontinue or change the specifications of our products and services from time to time without notice. We will inform you as soon as possible if any products or services ordered by you are not available.

Colours

We have made every effort to display as accurately as possible the colours of the products that appear on our website. However, as the actual colours you see will depend on the device that you use to access our website, we cannot warrant that your device’s display of any colour will be accurate. We cannot guarantee the colours displayed on your monitor accurately reflects the colour of the product on delivery.

Hand Painted Items

Due to the uniqueness of every hand painted garment, it is not possible to guarantee that the finished item(s), will have exactly the same colour, pattern, weave and finish as the items viewed online. All garments are hand painted and thus there may be small blemishes or marks that are a part of the painting techniques and add to the character of the piece.

Content Errors

We regret that no order will be accepted if we identify a material error in the description of any of our goods or services or their prices on our website. Packaging may vary from that shown on our website.

Gift cards

Gift cards may be purchased online and are subject to their own terms and conditions. No refunds are permitted.

The use of this Gift card constitutes acceptance of the following terms and conditions.

• This card is only exchangeable for merchandise and may not be refunded or redeemed for cash.

• No cash change will be given.

• This card may not be redeemed against purchases made at any W35T by Nicola West Pty Ltd. retailers.

• This card is valid for 12 months from the date of purchase.

• This card may be used to make a payment towards a more expensive item (an amount higher than the voucher amount), the balance of that item can then be paid directly via any payment. 

Payment

When you place your order, funds equal to the total value of your order will be reserved against the card you are paying with during the checkout process. To allow for any possible product substitutions, payment will only be affected once your order is ready for delivery.By submitting your order, identity number and payment card details you warrant that you are authorised to make payment with the payment card and that there are sufficient funds available to pay for the order.Nicola West Pry Ltd gift cards may be used to make purchases online.

Pricing

You will be charged the prices that are reflected on our website, subject to availability and delivery address.Special promotions may be subject to certain conditions, including stock availability and limited offer stipulations. Special promotions apply only to items on your original order (i.e. not on items which are added after the order was placed).

Stock Availability

All orders are subject to availability. Products for sale are in stock and available for dispatch from our online store. W35T by Nicola West strives to fulfil all orders, however in the case where an order can not be fulfilled you will be notified within 24 hours. Please note that there is limited stock of all SALE items available. 

Confirmation of Orders

Your offer is deemed to be accepted when you receive an order confirmation.

Changes to an Order

Any changes to your order must be notified to us prior to their dispatch, and be in writing (via email).When an order is placed, you cannot make changes to your name or address once your order has been despatched. If you amend or change your order this could lead to changes to your delivery timetable.If you amend or change your order you may also find the item is no longer available, or that the price has changed for which you may be charged.

Local Courier Service for South Africa

Timescales and charges for delivery vary depending on the products ordered, weight of products, your delivery address and the delivery services available. Free delivery applies if you live in a central area within South Africa only, and will be sent from Postnet to Postnet. Please see more Shipping information on the SHIPPING button at the bottom of the online shop page.Your garments will be delivered directly to your door via courier within 2-3 working days excluding public holidays or weekends. The Delivery Address will be the address provided by you in the Contract unless an alternative address is agreed by us in writing.Your garments will be deemed to have been delivered when they are delivered to the Delivery Address by us or our courier, and Proof of Delivery has been signed for by a competent person (over 18).Tracking - please use your waybill number and track your order online directly with DHL

International Courier Service

There is no same day courier service for international orders. Timescales and charges for delivery vary depending on the products ordered, your delivery address, weight of parcel and the delivery services available. Your garments will be delivered directly to your door via courier within 4-7 working days excluding public holidays or weekends, subject to customs processing, and ever changing  rules relating to shipping with regards to the Covid 19 pandemic. The Delivery Address will be the address provided by you in the Contract unless an alternative address is agreed by us in writing.Due to customs, legal, regulatory and certain practical restrictions applicable to orders placed for international delivery, we reserve the right to define what products can and cannot be delivered to which destination.Nicola West Pty Ltd products are sold on the basis that delivery duty is unpaid. You, as the recipient, may have to pay import duty or a formal customs entry fee prior to or on delivery. Additional taxes, fees or levies may apply according to your local legislation and before placing an order for international delivery, you are required to check these details.Nicola West Pty Ltd can not calculate any customs fees before departure. It will be your sole responsibility, where applicable to comply with any export controls or sanctions rules applied to products supplied to you. Tracking - please use your waybill number and track your order online directly with DHL for international purchases and Postnet for local purchases.

Delivery both Locally and Internationally

When the products are delivered to the delivery address specified in your order, all risk including loss or damage to the product shall pass to you. We shall be under no liability for any failure to deliver products when specified if the delay or failure is wholly or partly caused by circumstances beyond our control.On delivery, you will receive our delivery note showing a summary of the items delivered.  You will receive by email a detailed tax invoice showing the product price details, the delivery fees, Value-Added Tax if applicable and the amount debited from your payment card. You or your authorised representative will be asked to sign a duplicate copy of the delivery note to confirm receipt. For verification purposes, the person accepting delivery at the delivery address may be required to produce a form of identification. Any person other than yourself who receives the products at the delivery address is presumed to be authorised to accept delivery on your behalf.Should no-one be in attendance at the time of delivery, the driver will keep the products and leave a notice. The driver will try to contact you to make new arrangements for delivery or collection. We reserve the right to charge an additional delivery fee internationally as well as charge a first delivery fee locally should it be required. 

Delivery Delays

We will make every effort to keep you informed should supply of your product(s) be prevented or delayed for reasons beyond our control.We shall be under no liability to you for such delay or failure of products being delivered when originally specified.Our liability for any delay in delivery is limited to re-delivery at a later agreed time at no additional charge.We have outsourced all delivery and collection arrangements to third party service providers. Accordingly, we cannot, to the extent permitted by law, be liable for any loss or damage caused by them.

Damaged or Incorrectly Supplied Products

You are responsible for checking if all products you ordered are received correctly against your order.You must note the details of any damage or errors in supply on the delivery documentation, upon delivery of your order. If you are unable to view the items upon receiving them, you must inform us in writing within 3 days.After informing us that the products are damaged or have been incorrectly supplied, you must return them to us within 7 days.We may offer you a replacement product and any refunds given by us will be made to the payment method used when you placed your order. Offered refunds will be subject to our right to withhold amounts for products which are damaged on return.

Products Lost or Damaged in Transit

We will not be responsible for any loss or damage to products in transit that you return to us and, we recommend that you use a recorded delivery service and obtain proof of postage.If products being returned are lost or damaged in transit, we reserve the right to charge you, or refuse/reject the return. 

Returns & Refunds

We want you to be happy with your items. If you are for any reason dissatisfied with any item purchased online, you may courier it to us at your expense to the below address within 7 days of purchase for a full refund, replacement or exchange, provided you have the original tax invoice, and it is in saleable condition. Please mail all return to 7 Penarth Road, 203 San Michelle, Three Anchor Bay, Cape Town, South Africa, 8005Should you not have an invoice, we will be happy to exchange your purchase at the current system price.  Our delivery agents are not authorised to accept goods for return on delivery. Please e-mail sales@nicolawest.com to inform them of your return within 3 days of receipt of delivery. Please note we cannot accept items that have been altered or changed or is damaged in any way. 

Clearance, Raffle or Sale Items

These garments will not be eligible for return. 

Quality issues

Any products we supply to you should be of satisfactory quality. If we deliver a product to you that is not of satisfactory quality, you can contact us for a repair or replacement or, where this is not possible, for a refund. 

How will I be refunded?

Your refund will be given against the original payment card as specified on your proof of purchase (your online dispatch note serves as your proof of purchase). For example, if you paid online with a credit card, we will process your refund to a credit card. In the event of a gift return, or no proof of payment being available, you will be refunded via a gift card only. Please note that you cannot receive a cash refund for items purchased as a gift or when there is no proof of purchase available. You will be able to choose another item to the value of your gift card. If the item exceeds the value of the gift card you will be required to to make the additional payment. If the item is less than the value of your gift card we do not return the cash difference. You will either forfeit the amount or we will issue you another gift card for your use at a later date.Please note no refunds will be given on W35T items purchased elsewhere.

Cancellation

If for any reason you would like to cancel an order this may be done by sending an email . You will only be able to cancel orders until midnight on the day prior to the date of delivery. We may debit your payment card for the delivery fees in respect of any late cancellations. If you cancel your payment for any reason or if your payment card should cease to be valid for whatever reason, you will remain liable for the full purchase price, including all related costs. We reserve the right to cancel any sale and/or your registration in the event of a breach of any of these or the General Terms.

Risk and Ownership

Risk in the products shall pass to you or your authorised representative on delivery. We will retain ownership of the products until payment is received in full.

Law and Arbitration


These General Terms are governed by the laws of the Republic of South Africa. Any dispute arising in relation to these General Terms shall, to the extent permitted by law, be referred to arbitration in Cape Town at a venue of our choice applying the Uniform Rules of the High Court of South Africa.

Our Services


You are welcome to browse or use our Services for your own personal, non-commercial, shopping and information purposes only. No other use is permitted without our prior written consent. The unauthorised use, copying, reproduction, variation, modification or distribution of the content of any of our websites, mobile sites or apps, the uploading of any unlawful or damaging information or viral software or the creation of any links to our websites, mobi sites or apps is strictly prohibited. You agree to indemnify us against any loss, damage, harm, claim or any other cost whatsoever that we may sustain as a result of your use of our Services and/or the contents of our websites, mobi sites or apps contrary to these General Terms.We reserve the right to suspend our Services or any part thereof or terminate your account at any time if we, in our sole discretion, determine that you are not using the Services in compliance with these General Terms or if we believe the information provided by you is untrue, inaccurate or incomplete.

Use of our Services Outside South Africa

Customers who are not a resident in South Africa are welcome to use our Services in accordance with these General Terms to make online purchases. 

Marketing


We send out various newsletters and other marketing material. You are free to unsubscribe from any marketing material at any stage. It may take up to 21 days for your profile to be updated. 

Personal Information and Privacy

Your privacy matters to us and we are committed to the protection of your personal information. We do not share or use your personal information for any other purpose other than shipping your purchases and sending you a newsletter if you submitted a request to receive information from us.

Accuracy of Content

All reasonable steps are taken to ensure that the information accessed via our Services is accurate and up-to-date.  We do not however warrant that the content or information displayed is always accurate, complete and/or current.Any comments uploaded by users or any authorised experts are their opinions alone and do not necessarily represent our views, opinions, beliefs or values..

Your Comments

We value your comments, ideas, suggestions and feedback. By sending us your comments you agree that we may use them for commercial purposes (including using them to endorse our products, stores or brands) without any compensation to you and you grant us a non-exclusive license to do this. We will not respond to or maintain your comments.You agree not to post comments which violate the right(s) of any third party, including copyright, trademark, privacy or any other personal or proprietary right. You agree not to disclose, submit or offer any comments that are or contain any defamatory, unlawful, abusive or obscene material. We disclaim any liability towards any third party regarding your comments.

Intellectual Property

All rights, including copyright, trademark and other intellectual property rights embodied in any logos, text, images, video, audio or other material on our websites are owned by or licensed to us. Unauthorised use, reproduction, modification and/or distribution of the content thereof is strictly prohibited and constitutes an unlawful infringement of our intellectual property rights.

Legal Compliance

You will not use, sell or supply any product(s) purchased from us in an unlawful manner, or for your own commercial gain. All images and content on our website is proprietary to Nicola West Pty Ltd  and cannot be used by you. 

Advertising and Hyperlinks

External hyperlinks may appear on our website. We do not necessarily have a relationship with any third party which is linked to our website, nor does a link signify our endorsement of the third party, its products and/or services. Your reliance on any information contained in such third party material is entirely at your own risk.

Disclaimers and Exclusions of Liability

Use of our Services 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 Services will be uninterrupted or error free, or that the Services or the servers that make them 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 Services 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 Services and/or your purchase of any products or services. Notwithstanding any other provisions contained herein, our liability arising from any breach of these Terms, negligence or otherwise shall not at any time exceed more than double the monetary value of any order placed via the Services Rendered. 

Complaints

If you have a complaint about our website, our products, our service or the customer service you received, you should put your complaint in writing and email it to info@nicolawest.com We will acknowledge all complaints received via the info@nicolawest.com email account and provide you with our feedback within 7 working days.

Website Use

By accessing, browsing, placing an order on, registering with, or using this website, you confirm that you have read, understood and agree to these conditions in their entirety. If you do not agree to these terms and conditions in their entirety, do not use this website.

Your use of this website, is governed by all legal notices on this website together with all applicable terms and conditions and our Privacy Policy and Cookie Policy.

Use of this website by you, should only be for lawful purposes and you may not use it in a way that infringes on the rights of anyone else or that restricts or inhibits anyone else's enjoyment of the website.

Without our prior written consent, you must not copy, reproduce, edit, communicate to the public, deep-link into, or distribute in any way the web pages or materials on the website or the computer codes or elements comprising the website other than solely for your own personal use.

Content of this website may not be used for any commercial purposes whatsoever.

Rights Ownership

All rights, including copyright and intellectual property rights used on, in and to this website are owned by or licensed to Nicola West Proprietary Limited.

Use of the website grants no rights to you in relation to our intellectual property rights, or that of third parties.

By submitting information (other than compulsory personal information when registering an account), text, photos, graphics or other content to the website, you confirm that you have the right to use the material and grant us a right to use such materials at our discretion, with or without accreditation in any media including, without limitation, to post and remove such materials from the website.

You further agree to execute all such submissions and do as we may reasonably require in order to assign any such rights to us and waive any moral rights you acquire in the website.