Thank you for choosing to be part of our community at Nova moon (“Company“, “we“, “us“, “our“). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about the Nova moon Terms and Conditions or our practices with regard to your personal information, please contact us at info@novamoon.co.za .

DEFINITIONS AND INTERPRETATION

1.1.       “The Nova Moon Website” means the website at https://www.novamoon.co.za, and includes any page, part or element thereof;

1.2.       “Services” means the services and goods offered on the Nova Moon Website and any other service offered by Nova Moon through electronic means, including but not limited to electronic billing platforms, online portals, and interactive customer tools, and shall include the content and information provided or exchanged as part of such services;

1.3.       “Terms” means these terms and conditions relating to your use of the Nova Moon Website and the Services, read together with our Privacy Policy and Returns Policy;

1.4.       “User” / “you” or “your” means any person who enters or uses the Nova Moon Website or Services, notwithstanding whether you only visit the home page of the Nova Moon Website or online service portals.

2.       APPLICATION AND BINDING EFFECT OF THESE TERMS

2.1.       This document, together with our Returns Policy and Privacy Policy, contains the terms and conditions for your use of Nova Moon’s website and the services and products offered by us. By accessing or using the Nova Moon Website, accepting these Terms where indicated, creating an account or purchasing from our store, you agree that these Terms govern the relationship between you and Nova Moon.

2.2.       These Terms are binding and enforceable against all persons that make use of the Nova Moon Website and/or Services, as updated or amended from time to time. Each new or amended version of the Terms become binding on you each time you visit the Website and you accept the responsibility to reconsider these Terms each time.

2.3.       These Terms may be applicable together with further specific terms or policies applicable to particular Services or products that Nova Moon may provide to you. If there is a conflict between these Terms and specific terms or policies, the specific terms or policies will apply.

3.       PRODUCTS OR SERVICES AND DELIVERY

3.1.       The Website enables you to shop online for an extensive range of products.

3.2.       Certain products or Services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. 

3.3.       We have made every effort to display as accurately as possible the products on our Website, however some variation may exist between the images on the Website and the final product. Nova Moon cannot be held liable for any reasonable variance.

3.4.       We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

3.5.       We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. 

3.6.       Any specific turnaround time published on this Website is indicative only, and more accurate deadlines will be confirmed with the customer upon quotation and/or order. 

3.7.       It is the responsibility of the customer to inspect the condition of cartons/parcels delivered as well as verify the number of parcels delivered with the number indicated on the waybill. In the event of parcels delivered in damaged condition, the customer should either refuse to accept delivery, or make a clear note in pen stating ‘Parcel damaged – contents not checked’ and notify Nova Moon of such damages within 24 hours. Nova Moon shall not take responsibility for parcel shortages or damages not indicated by the customer.

3.8.       Whilst courier services contracted by Nova Moon do boast a good track record for timeous delivery services, allowance must be made for unforeseen circumstances (hijacking of vehicles, breakdowns, weather conditions etc.,). Any delayed delivery by a third party courier shall not be considered non-delivery by Nova Moon, and shall not constitute grounds for cancellation of orders.

3.9.       For more detail regarding returns, please review our Returns Policy.

4.       BILLING AND ACCOUNT INFORMATION 

4.1.       You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. 

4.2.       Credit card transactions will be acquired for Nova Moon via an approved third payment gateway for all South African Acquiring Banks, which uses the strictest form of encryption and no credit card details are stored on the website.

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

4.4.       You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. 

5.       OPTIONAL TOOLS 

5.1.       We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. 

5.2.       We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

5.3.       You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. 

5.4.       Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). 

6.       THIRD-PARTY LINKS 

6.1.       Certain content, products and services available via our Service may include materials from third-parties. 

6.2.       Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. 

6.3.       We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

7.       ERRORS, INACCURACIES AND OMISSIONS 

7.1.       Occasionally there may be information on our site or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). 

7.2.       We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

8.       PERSONAL INFORMATION 

8.1.       Your submission of personal information through the store is governed by our Privacy Policy.

9.       REGISTRATION AND LOGIN DETAILS

9.1.       You have to register to use the Nova Moon Website and by doing so you agree to and accept these Terms, by completing an online registration form and creating a username and password.

9.2.       Your right to access and use the Services is personal to you and is not transferable by you to any other person or entity.

9.3.       Nova Moon will require you to submit your personal information upon registration for the Services offered. By submitting your personal information and other content to Nova Moon through the Nova Moon Website, you are licensing that content to Nova Moon for the sole purpose of providing the Services.

9.4.       All information you give must be truthful, accurate and complete.

9.5.       It is your responsibility to keep your personal information up to date and your username and password details secret so that the Services provided by Nova Moon are not affected.

9.6.       You accept complete responsibility for the safekeeping of your personal information, username and password insofar as security is concerned (excluding breaches of security that may originate from within Nova Moon). You must notify Nova Moon immediately if there has been any breach of or if you suspect any breach of security or confidentiality. By entering your personal information on the Website, Nova Moon is entitled to assume that the person using the Website is you.

9.7.       You must familiarise yourself with and follow the security procedures communicated by Nova Moon from time to time as well as such other procedures that may apply to the Nova Moon Website. You understand that any failure on your part to follow the recommended security procedures may result in a breach of the confidentiality of your personal information and may lead to unauthorised access to your account and information. You will not be able to hold Nova Moon liable if anyone uses your password to access your account without your permission.

10.    INTELLECTUAL PROPERTY RIGHTS

10.1.    You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. 

10.2.    You acknowledge and agree that all right, title and interest in, and to, any intellectual property of Nova Moon  including, but not limited to, any copyright, trademark, design, logo, process, practice, methodology which forms part of, or is displayed or used on the Website or the services including, without limitation, any graphics, logos, designs text, button icons, images, audio clips, digital downloads, data compilations, page headers and software, is proprietary to Nova Moon  and will remain vested in Nova Moon  under all circumstances. This includes intellectual property displayed on the Nova Moon Website but excludes the intellectual property that are proprietary to the respective retailers and/or Nova Moon Third Parties.

10.3.    You agree that you will not at any time or under any circumstances acquire any rights of any nature in and to the intellectual property of Nova Moon.

11.    INDEMNITY

11.1.    You hereby agree that subject to any applicable law, Nova Moon will not be liable for:

11.1.1.  any interruption, malfunction, downtime, off-line situation or other failure of the Website, Services, the Nova Moon system, databases or any of its components, beyond the reasonable control of Nova Moon;

11.1.2.  any loss or damage with regard to your data or other data directly or indirectly caused by malfunction of the Nova Moon system, third party systems, power failures, unlawful access to or theft of data, computer viruses or destructive codes on the Nova Moon system or third party systems or programming defects; and

11.1.3.  any interruption, malfunction, downtime or other failure of goods or Services provided by third parties, including, without limitation, third party systems such as the public switched telecommunication service providers; internet service providers, electricity suppliers, local authorities and certification authorities; or any event over which Nova Moon has no direct control.

11.2.    Neither you nor Nova Moon, nor the employees of Nova Moon, will be held liable for any failure to perform any obligation to the other due to causes beyond their respective reasonable control, including lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes, acts or omissions of persons for whom you, Nova Moon, and their employees are not responsible (including telecommunications and internet service providers) or acts of government or other competent authorities.

11.3.    You indemnify and hold Nova Moon harmless against all and any loss, liability, actions, suites, proceedings, costs, demands and damages of all and every kind, (including direct, indirect, special or consequential damages), and whether in an action based on contract, negligence or any other action, arising out of or in connection with the failure or delay in the performance of the Nova Moon Website or Services, or the use of information and/or images available on the Nova Moon Website, whether due to the negligence of Nova Moon or not.

11.4.    You are responsible for all internet data usage charges required to use the Website or any Services. You are responsible to check with your internet service provider for information on internet data usage charges.

11.5.    You agree that, subject to applicable law, your sole and exclusive remedy for any dispute of any nature with Nova Moon in relation to your use of the Website, is to stop using the Website.

12.    WARRANTIES

12.1.    You warrant to and in favour of Nova Moon that:

12.1.1.  you are 18 years or older; or

12.1.2.  you have the legal capacity to agree to and be bound by these Terms; and

12.1.3.  the Terms constitute a contract valid and binding on you and is enforceable against you.

12.2.    Each of the warranties given by you will:

12.2.1.  be a separate warranty and will in no way be limited or restricted by inference from the Terms of any other warranty or by any other words in the Terms;

12.2.2.  continue and remain in force irrespective of whether your Account is active, suspended or cancelled;

12.2.3.  be deemed to be material.

12.3.    Whilst every reasonable effort has been made by Nova Moon to ensure the proper performance and accuracy of the Services and content on the Website, Nova Moon gives no guarantee and does not warrant that the Nova Moon Website or Services will meet your requirements, will be uninterrupted, accessible at any time or location, complete, timely, up to date, fit for a particular purpose, secure or error free.

12.4.    Nova Moon makes no representations or warranties, whether express or implied, and assumes no liability or responsibility for the proper performance of the Services, which are used at your own risk.

12.5.    Nova Moon will however take reasonable steps to ensure the quality and accuracy of content available from the Website.

12.6.    Nova Moon will take reasonable steps to exclude viruses from the Website but cannot guarantee or warrant that any material available for downloading from the Nova Moon Website will be free from infection, viruses and/or other code that has contaminating or destructive properties and no liability is accordingly accepted for viruses. You are responsible for and we recommended that you take your own precautions and implement sufficient procedures and virus checks (including running anti-virus software and other security checks) to satisfy your particular requirements. Nova Moon reserves the right to hold you liable for any losses suffered by Nova Moon due to any form of so-called cybercrime committed by you on the Website.

12.7.    Security measures have been implemented to ensure the safety and integrity of the Nova Moon Website. However, despite this, information that is transmitted over the Internet may be susceptible to unlawful access and monitoring.

12.8.    Nova Moon is not responsible for the proper and/or complete transmission of the information contained in the electronic communication or of the electronic communication itself nor for any delay in its receipt.

13.    SEVERABILITY

Any provision of these Terms which is or may become illegal, invalid or unenforceable in any jurisdiction affected by these Terms will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability and will be severed from the balance of these Terms, without invalidating the remaining provisions of these Terms or affecting the validity or enforceability of such provision in any other jurisdiction.

14.    JURISDICTION

14.1.    This Website is intended to be accessed only by persons located in South Africa and Nova Moon makes no representation that any information, materials or functions included in this Website are appropriate for use in any other jurisdiction. If you are unsure whether the products and Services referred to on this Website are available to you, please email us on info@novamoon.co.za.

14.2.    In the event of any dispute arising between you and Nove Moon for the sale of goods, you agree that the sale occurs in Gauteng and you hereby consent to the non-exclusive jurisdiction of the Johannesburg Magistrates’ Court notwithstanding that the quantum in the action or proceedings may otherwise fall above the monetary jurisdiction of that court.

15.    AMENDMENTS

Nova Moon may modify these Terms from time to time. Notification of any changes will be posted on the Website. The Terms will always indicate the date it was last revised. You will be deemed to have accepted and agreed to be bound by any changes to the Terms when you use the Website or the service after the changes were posted.

16.    TERMINATION

16.1.    These Terms constitute an agreement between you and Nova Moon and each new or amended version of the Terms become binding on you each time you visit the Website. If you wish to terminate this agreement with Nova Moon, you may do so by deregistering your account for the service and discontinue use of the Website.

16.2.    Nova Moon may at any time, terminate this agreement and deactivate your account.

16.3.    Notification of termination will be sent to the email address provided by you.

17.    GOVERNING LAWS

17.1.    These Terms and any matter arising from these Terms, shall be governed by and interpreted in accordance with the substantive laws of South Africa.

18.    WAIVER

Failure or neglect by Nova Moon to enforce any of these Terms, will not be construed as a waiver of its rights, nor will such failure or neglect in any way affect the validity of the whole or any part of these Terms, nor prejudice the rights of Nova Moon to take subsequent action.

19.    NOTICES

For all purposes of these Terms, any notice required to be in writing shall include delivery by email to the address utilized when registering your account.

20.    WHOLE AGREEMENT

20.1.    The Terms (as defined) constitute the whole agreement between you and Nova Moon relating to your use of the website and the Services.

21.    CONTACT INFORMATION AND ENQUIRIES

       Any questions or concerns arising from these Terms or the Website should be addressed to info@novamoon.co.za