Acceptance of Terms:
Your use of this site indicates your acceptance of these terms and your agreement to follow and be bound by them. By entering your personal details on this website, you are deemed to be bound by these Terms & Conditions. We may periodically change the terms, without notice, so kindly check them from time to time as your continued use of the site signifies your acceptance of any changed terms.
Orders:
Orders placed on the NONNA Site constitute your offer to purchase subject to this agreement. NONNA will be under no liability for any order received until the order is accepted in writing. An accepted order may only be cancelled or varied with Nonna’s consent; the giving of such consent shall not in any way prejudice Nonna’s right to recover from the Purchaser full compensation for any loss or expense arising from such cancellation or variation.
Security / Privacy
NONNA will endeavour to ensure that your personal information and/or credit card details are protected. However there is no 100% secure transmission of data on the Internet given the current state of Internet technology. Therefore NONNA cannot guarantee the absolute security of any information you transmit to us or which NONNA transmits to you. You agree to be responsible for your use of this website (as well as for use of your account by others, including without limitation any person under the age of eighteen years). NONNA only stores customer data for its own use and not for resale to third parties.
Pricing
Prices of Goods are inclusive of VAT and do not include Delivery Fees. Notwithstanding any price specified in the order acceptance, the price of any item of Goods shall be that ruling on the date of their despatch. Orders and offers are subject to being unsold and to being available at the time of despatch. Because we use a selection of fresh products that may be seasonably bound, we cannot always guarantee all products? availability. We do however undertake to replace the unavailable product with a similar product of the same value or a higher value.
Payment / Retention of Title
NONNA shall be authorised to debit the aggregate amount payable for the Goods ordered against the authorised Payment Card supplied by you when completing your order. NONNA shall be entitled to debit your Payment Card on acceptance of your order and prior to delivery. By submitting your order and Payment Card details, you warrant that you are over the age of eighteen, are authorised to make payment with the Payment Card and that there are sufficient funds available to pay for the order. Payment terms shall be as agreed between the parties in writing at the time of the Contract. Ownership in the Goods shall not pass until the full contract price has been paid in full.
Force Majeure/ Delivery
NONNA will exercise every reasonable effort to meet any quoted or agreed despatch date. Delivery will commence from date of deposit reflecting in NONNA account. NONNA shall not however be liable for any loss or damage due to delays or failure to ship resulting from any cause beyond its reasonable control, such as but not limited to securing necessary export licences, compliance with laws or regulations, acts of God, acts of omissions of the Purchaser, acts of civil or military authority, judicial action, defaults of sub-contractors or suppliers, availability of stock, labour disputes, failure or delays in transportation, embargoes, wars or riots. 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 conclusively presumed to be authorised to accept delivery on your behalf. It is a condition of this Agreement that the sale of liquor, being subject to statutory controls, will require proof of age on delivery. Failure to supply such proof will render the sale null and void. NONNA has outsourced all delivery and collection arrangements. Accordingly, NONNA shall not be liable for any damage suffered or loss incurred by reason of any acts or omissions of the deliverer, its directors, employees, sub-contractors, agents, representatives and/or affiliates.
External Links
External Hyperlinks may be provided on the site for your convenience and they are beyond the control of NONNA and no representation is made as to their content and you shall not interpret such hyper linking as constituting any relationship between NONNA and any linked third party and use of or reliance on any external links provided is at your own risk. No hypertext links may be created from any website whether controlled by you or otherwise to this Website without the express prior written permission of NONNA.
Indemnity
NONNA do not warrant that the functions provided by the site will be uninterrupted or error free, or that the site or the server that makes it available are free from viruses or other harmful components. You hereby indemnify NONNA, its officers, members, employees, successors and assigns from any liability, loss or damage whether direct, special, indirect, incidental or consequential resulting from any claim, complaint, dispute, proceeding or cause of action against any of them related to the items or any other Goods, including without limitation their purchase, delivery, late delivery, non-delivery, or use. Notwithstanding any other provisions contained herein, NONNA liability contract arising from any breach of any obligation in terms of this agreement, negligence or otherwise shall not exceed at any time more than double the monetary value of the order in respect of which any such dispute or claim arises.
Trademarks, Service Marks and Registered Design
The Purchaser shall not, without the written consent of NONNA: (a) Apply any trademark service mark or registered design to the Goods,(b) Make any use of the name or trademark service mark or registered design of NONNA. (c) Remove, alter or obscure any trademark applied to the Goods, their packaging or accompanying materials by NONNA.
Sole Record
This Agreement constitutes the whole agreement between the parties relating to the subject matter hereof . No variation or addition to these Conditions shall be effective unless contained on the face of the order acceptance or in a written instrument signed by a duly authorized representative of NONNA and a copy of such instrument is annexed to the order acceptance.
Governing Law
The Contract shall be construed and take effect according to the law of South Africa and by their entering into it NONNA and Purchaser submit to the exclusive jurisdiction of the South African law. |