Disclaimer

Any person who accesses this website or relies on this website or on the information contained therein or obtained from Saint Nic, it’s employee’s, agent’s or representative’s by any other means does so at his or her own risk.

While Saint Nic takes reasonable measures to ensure that the contents of this website are accurate and complete, Saint Nic makes no representations or warranties, whether express or implied, as to the quality, shipping time lines, operations, integrity, availability or functionality of this website or as to the accuracy, completeness or reliability of any information on this website or otherwise provided by Saint Nic via other channels including verbal, telephonic, email, fax or any other form of communication.

All information provided on this website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, suitability for a particular purpose, completeness, or non-infringement, as may be allowed in law.

While Saint Nic makes every effort to ensure that stock availability information is as accurate as possible at all times, we cannot and do not guarantee the accuracy thereof unless a physical stock check/count has been completed.

Saint Nic does not accept any responsibility for any errors and/or omissions on this Website or any other information provided via other channels mentioned above. 

In addition to the disclaimers contained elsewhere in these Terms and Conditions of Use (“Terms and Conditions“), Saint Nic also makes no warranty or representation, whether express or implied, that the information or files available on this Website or any other electronic correspondence are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise or jeopardise the operation, stability, security, functionality or content of your computer system, computer network, hardware or software in any way.

Acceptance of Terms 

Saint Nic permits the use of this Website subject to the Terms and Conditions. By using this Website and/or transacting with Saint Nic in any way, The User shall be deemed to have accepted all the Terms and Conditions unconditionally. The User must not use this Website or transact with Saint Nic in any way or form if he/she does not agree to the Terms and Conditions.

Use of the Website

The User agrees that he/she will not use any device, software or other instrument that will interfere or attempt to interfere with the proper working of this Website. In addition, he/she agrees that they will not use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Company representative. (Such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website.)

The User may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.

The User may not display, publish, copy, print, post or otherwise use the Website and/or the information contained therein for the benefit of any other website without the express prior written consent of an authorised Company representative.

Ownership and Copyright

The contents of this Website, including any information, software, icons, text, graphics, lay-outs, images, sound clips, trade names, logos, trademarks and service marks are protected by law, including but not limited to copyright and trademark law and are owned by or licensed to SAINT NIC and/or their respective owners.

No licence to or right in any of such contents is granted to or conferred upon the User. Any unauthorised use, distribution or reproduction of the said contents is prohibited. To obtain permissions for the commercial use of any content on this site contact us telephonically or email info@saintnic.co.za

Linked Third Party Websites

This Website may contain links or references to other websites (“Third Party Websites“) outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and Saint Nic is not responsible for the practices and/or privacy policies of those Third Party Websites or the cookies that those sites may use.

Notwithstanding the fact that this website may refer to or provide links to third party websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.

Privacy Policy

We respect your privacy. Should the User decide to make use of our Website, we require only such information as is required to complete registration on this Website.

It is the User’s responsibility to update any of his/her personal information that he/she provides to us as soon as it is no longer accurate and complete.

This Website makes use of “cookies” to automatically collect information and data through the standard operation of the Internet servers. “Cookies” are small text files a website can use to recognize repeat users, facilitate the user’s ongoing access to and use of a website and allow a website to track usage behaviour and compile aggregate data that will allow the website operator to improve the functionality of the website and its content. The type of information collected by cookies is not used to personally identify you. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature. Please note however that cookies may be necessary to provide you with certain features available on our Website, and thus if you disable the cookies on your browser you may not be able to use those features, and your access to our Website will therefore be limited.

The User may choose to provide additional personal information to us, in which event he/she agrees to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.

The purposes for which we will use the User’s personal information are as follows: To contact him/her regarding products and/or services as requested, to inform him/her of new features, special offers and promotional competitions and to improve his/her experience on our Website by, inter alia, monitoring statistical non-personal browsing habits, and to transact with us.

Saint Nic will not use the User’s personal information for any purpose (other than as stated above and for Saint Nic communication in its entirety) without his/her express consent. We will not use or disclose personal information to third parties without your consent, unless the use or disclosure is: 

1. Required in order to comply with applicable law, order of court or legal process served on Saint Nic, and/or 

2. Disclosure is necessary to protect and defend the rights or property of Saint Nic.

We will be entitled to disclose personal information to those of our employees and/or third-party service providers who assist us to interact with you via our Website or email, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently. We will ensure that all such employees and/or third-party service providers having access to personal information are bound by appropriate and legally binding confidentiality and non-use obligations in relation to personal information.

We will treat personal information as strictly confidential and only take appropriate technical and organisational measures to ensure that personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access.

We will promptly notify the User if we become aware of any unauthorised use, disclosure or processing of personal information; provide him/her with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request and upon his/her request, promptly return or destroy any and all of personal information in our possession or control.

We will not retain personal information longer than the period for which it was originally needed, unless we are required by law to do so, or the User consents to us retaining such information for a longer period.

If the User discloses personal information to a third party, such as an entity which operates a website linked to this Website or anyone other than Saint Nic, Saint Nic shall not be liable for any loss or damage, howsoever arising, suffered by the User as a result of the disclosure of such information to the third party. This is because we do not regulate or control how that third party uses personal information. The User should always ensure that he/she reads the privacy policy of any third party. 

Limitation of Liability

Saint Nic shall not be liable for any direct, indirect, incidental, special or consequential injury, loss or damages which might arise from your use of, or reliance upon, any material or content contained in, or inability to use, and/or unlawful activity on, the website and/or any linked third-party website.

The user hereby indemnifies Saint Nic against any loss, claim or damage which may be suffered by himself/herself or any third party arising in any way from your use of this website and/or any linked third-party website. 

The user hereby indemnifies Saint Nic against any loss, claim or damage which may be suffered by himself/herself or any third party arising in any way from your use of this website and/or any linked third-party website and/or dealing with and transacting with Saint Nic, it`s employee’s, agent’s or representative’s in any way or form. 

Changes to the Terms and Conditions

Saint Nic reserves the right to update and/or amend the Terms and Conditions from time to time and without any notice to the Customer, and the Customer is accordingly encouraged to check the Website regularly. Any such change will be applicable after the change is displayed on this Website. When the Customer transacts and/or interacts with Saint Nic after such updated or amended Terms and Conditions have been displayed on this Website, he/she will be deemed to have accepted such updates and/or amendments. 

Availability and Termination

We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and reserve the right to discontinue providing the Website or any part thereof with or without notice to the User.

Saint Nic may in its sole discretion terminate, suspend and modify this Website, with or without notice to the User. The User agrees that Saint Nic will not be liable to him/her in the event that it chooses to suspend, modify or terminate this Website. 

 Governing Law

These Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. The User’s continued use of the Website will constitute his/her consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.

Sale of Goods

These Terms and Conditions of Sale govern the sale of products and services (“Goods“) by Saint Nic to the customer via the Saint Nic Website and other channels.

General Terms and Conditions: (Applicable to all interactions with Saint Nic.)

1. All prices are subject to stock availability and prior sale.

2. All prices are subject to R/$ exchange rate. 

3. All prices are subject to change without prior notice.

4. All prices on the SAINT NIC website include VAT unless otherwise stated.

5. All prices exclude shipping unless otherwise stated.

6. While we will provide ETA`s on products and orders, due to the nature of our business we cannot and do not guarantee any lead times or delivery dates.

7. Due to the specialised nature of most of the products that Saint Nic offers as well as logistical and compliance requirements involved in importing certain products, lead times on backordered items can take from 2 weeks to 6 months in extreme circumstances. 

This is NOT the norm and we do our utmost to make sure that lead times are as short as possible, but it can happen in exceptional circumstances.

8. While we do everything in our power to ensure the accuracy thereof, Available and Stock on Hand information is an indication only and is subject to a final/physical check in our warehouse and/or with the relevant supplier(s).

9. As we work on a live inventory system, stock levels change constantly. Only confirmed orders allow us to reserve, order and allocate stock.

10. Images/photos are for illustration purposes only and may vary from the actual product(s).

11. Orders are only shipped/released once Saint Nic has received and verified payment in full.

12. Saint Nic accepts no responsibility at all whatsoever for any damages/injury caused directly or indirectly by any product(s) or service(s) that it supplies. – 

13. All goods remain the property of Saint Nic, until paid for in full.

14. All orders/invoices must be paid in full before goods will be released. 

15. All products purchased from SAINT NIC are to be used in the correct and lawful manner for which it was intended. It is the responsibility of the customer to ensure familiarity with the product and to adhere to all local and international laws. (Where applicable.)

16. E&OE

Orders, Backorders and Special Orders

While we endeavour to carry stock of popular products at all times, due to the wide range of brands and products that Saint Nic offers, it is logistically impossible to hold stock of every item all of the time. 

As a result, if a customer wishes to order a product(s) that we do not have on hand and available at that time, the customer needs to place a backorder to ensure that the relevant product(s) are ordered and reserved for them.

Upon confirmation of a backorder, the customer understands that the item(s) is not currently in stock/available and Saint Nic will order and reserve this item(s) for the customer and as a result, a waiting period applies for the backordered item(s).

Saint Nic will endeavour to order and secure backordered stock from the supplier(s) as quickly as logistically possible.

Due to the specialised nature of many of the products that Saint Nic offers as well as logistical and compliance requirements involved in importing certain products, lead times on certain backordered items can take from 2 weeks to 6 months in extreme, exceptional circumstances. This is NOT the norm and we do our utmost to avoid this from happening.

Full payment is required upon placement of backorders in order to confirm an order.

If a backorder is cancelled within 6 months of placement of order, a 20% admin/handling fee will be charged on the value of the goods cancelled. Similarly, a 25% admin/handling fee will be charged on cancelled wholesale orders.

No order cancellations will be accepted for available products on partially completed orders. If an order is or can only be partially completed for whatever reason(s) and the customer chooses to cancel the order, the customer is liable to accept and/or pay for (If applicable.) ordered items that are ready and available to be collected or shipped.

Payment

Payment for orders via the Saint Nic Website can be made via the following methods:

1. Electronic Funds Transfer. (EFT)

In this event Saint Nic will not action an order until a valid proof of payment has been received and verified.

2. Credit and Debit Card. 

Please note:

• Discounted/wholesale orders can only be paid for via Direct Bank Deposit, EFT (Not Credit Card or Debit Card.) 

• Saint Nic does not accept cheques or any other forms of payment other than the abovementioned.

Shipping 

Saint Nic makes use of the following shipping options within the Republic of South Africa:

Saint Nic cannot be held responsible for orders cancelled due to incorrect contact details being provided by the customer. Please ensure that your contact details are up to date with us at all times.

Courier/Postal Service: Customers may select to have the Goods shipped via door-to-door courier service or postal services. Once the order is complete and the Goods are shipped, the customer will receive a tracking number as well as relevant tracking information.

Special Arrangements: We are happy to make special shipping arrangements to meet customers’ specific needs and requirements. Please contact us to arrange this.

We thank you for your understanding and co-operation in this regard.