Terms & Conditions

This website is operated by NAIA Decor (Pty) Ltd. Throughout the site, the terms “company”, “we”, “us” and “our” refer to NAIA Decor (Pty) Ltd. NAIA Decor offers this website, including all information, tools and services available from this site to you, the user (from here on called “you” or “customer(s)”), conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you

 

Use of Site

You may only use this site to browse the content, make legitimate purchases and shall not use this site for any other purposes, including without limitation, to make any speculative, false, or fraudulent purchase. This site and the content provided in this site may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed. ‘Deep-linking’, ’embedding’or using analogous technology is strictly prohibited. Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws.

 

Disclaimer of Warranty

The contents of this site are provided “as is” without warranty of any kind, either expressed or implied, including but not limited to warranties of merchantability, fitness for a purpose and non-infringement.

The owner of this site, the authors of these contents and in general anybody connected to this site in any way, from now on collectively called “Providers, assume no responsibility for errors or omissions in these contents.

The Providers further do not warrant, guarantee, or make any representation regarding the safety, reliability, accuracy, correctness, or completeness of these contents. The Providers shall not be liable for any direct, indirect, general, special, incidental, or consequential damages (including -without limitation- data loss, lost revenues and lost profit) which may result from the inability to use or the correct or incorrect use, abuse, or misuse of these contents, even if the Providers have been informed of the possibilities of such damages. The Providers cannot assume any obligation or responsibility.

Notwithstanding any other provisions contained herein, the Company's liability whether in contract or delict arising from any breach of any obligation in terms of this Agreement, negligence or otherwise shall not exceed at any time the value of the Product(s) and/or Services in respect of which any such dispute or claim arises, any You expressly acknowledge and agree to this.

By accessing this Website you warrant and represent to the Company that you are legally entitled to purchase the Products and that all the details you have provided are true and complete.

Information, ideas and opinions expressed on this Website should not be regarded as professional advice or the official opinion of the Company. You should consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Website.

 

Our Rights

We reserve the right to:

modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or change these Conditions from time to time, and your continued use of the Website (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions, then you must immediately stop using the Website.

We will use our reasonable endeavours to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond our control.

 

Privacy Policy

We are committed to protecting your privacy. This privacy policy applies to all the web pages related to this website.

All the information gathered in the online forms on the website is used to personally identify users that subscribe to this service. The information will not be used for anything other than which is stated in the Terms & Conditions of use for this service. None of the information will be sold or made available to anyone.

The Site may collect certain information about your visit, such as the name of the Internet service provider and the Internet Protocol (IP) address through which you access the Internet; the date and time you access the Site; the pages that you access while at the Site and the Internet address of the Web site from which you linked directly to our site. This information is used to help improve the Site, analyse trends, and administer the Site.

 

We may need to change this policy from time to time to address new issues and reflect changes on our site. We will post those changes here so that you will always know what information we gather, how we might use that information, and whether we will disclose that information to anyone. Please refer back to this policy regularly. If you have any questions or concerns about our privacy policy, please send us an E-mail.

 

By using this website, you signify your acceptance of our Privacy Policy. If you do not agree to this policy, please do not use our site. Your continued use of the website following the posting of changes to these terms will mean that you accept those changes.

 

Third Party Links

In an attempt to provide increased value to our Users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.

 

Cookie/Tracking Technology

The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customize the Site for visitors. Personal information cannot be collected via cookies and other tracking technology; however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.

 

Product availability

The Products displayed on this Website are subject to availability and will be delivered only within the Republic of South Africa, within the defined areas as determined by the Company. We will try our utmost best to ensure that the products displayed on the website are correctly updated as either in-stock or out-of-stock, however, should we receive an order to which we do not have any stock we will gladly refund the customer or swap the item for something of the same value. If the Company is unable to supply each and every item ordered or in the quantities ordered and cannot contact the Customer, the Company reserves the right to cancel the order until such time as it is able to get hold of the Customer.

All prices displayed on the Website are quoted in South Africa Rand (ZAR) and include VAT at the rate of 15%. These are valid and effective only in the Republic of South Africa, and you acknowledge that VAT may increase from time to time, and You shall be bound by such increase. The Company reserves the right, without prior notice, to discontinue or change pricing or specifications on Products and Services offered on the Website without incurring any liability whatsoever. Every effort is made to shipment of your order timeously however unforeseen circumstances may cause delays. Should we be faced with such an occurrence, the company will contact you via email and provide a revised shipping schedule.

 

Payment Options and Pricing

All transactions will be processed in South African Rands (ZAR) and we accept Credit & Cheque cards.

 

Prior to delivery of the Product, the Company shall be entitled to debit the Credit/Cheque Card or bank account supplied by the Customer on acceptance of the order should the Customer be paying with a Credit/Cheque Card or instant EFT. All Credit/Cheque Card payments are made through PayFast and are subject to 3D Secure verification in order to protect Customers from fraudulent use of their bank cards by unauthorised individuals. If a Customer’s issuing bank supports 3D Secure but the Customer has not activated it, the Customer will be redirected during the payment process to set it up.

Should Customers pay for the Products via manual EFT, the order will only be processed once the Company has received successful confirmation of payment that has cleared in the Company’s bank account, and is reflected as a payment on the Company’s bank statement within 5 working days of date of the placement of the order.

By submitting an order to buy Products, the Customer:

represents and warrants that he/she is over the age of 18;

represents and warrants that he/she is authorised to make payment with a Credit/Cheque Card if paying via this mechanism;

represents and warrants that he/she is authorised to make payment using the specified bank account if paying via instant EFT;

represents and warrants that there are sufficient funds available to pay for the order; and

consents to the Company providing Personal Information to its third party payment provider, which is necessary to enable the Company to perform its obligations in terms of this Agreement.

 

In order to protect the Company’s and Customer’s interests, the Company may scrutinize transactions to prevent attempted fraud. A transaction may be refused if the Company is not satisfied that it is legitimate.
No other method of payment will be accepted by the Company in respect of the purchase of Products on the Company Website.

 

Monitoring

We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating, or attaching conditions to your access and/or removing any materials from the Website).

 

Law

The Conditions will be exclusively governed by and construed in accordance with the laws of South Africa whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.

 

Intellectual Property
All intellectual property rights, including copyright, in all materials, including trademarks, logos, photographs, images, text and other graphics which form part of the Website are owned by the company, (unless otherwise stated and credited to the rightful owner) alternatively the company is the lawful user thereof. Such rights are protected by both South African and international intellectual property laws. All data and information communicated to or from the Website and/or any Website information as well as the database is the sole property of the the company, and no rights in respect thereof shall accrue to You.

The company grants you permission to view, electronically copy and print portions of the Website for the sole purpose of placing an order with the company for any of the Products for personal use.

Any use of materials on the Website or Products sold on the Website other than for the purpose noted above including, without limitation, the unauthorised submission, removal, modification, dissemination, copying or distribution of Products or copyrighted or other proprietary content, without the prior written consent of the company and/or the lawful trademark and/or copyright owner (if applicable), is prohibited and constitutes an unlawful infringement of the intellectual property rights of the company and/or such trademark and/or copyright owner. Customers are prohibited from reselling or rebranding any Products or part therefore sold on this Website.

 

Trademarks
The NAIA Decor logo and all other marks, logos and trade names appearing on the Website are trademarks of NAIA Decor, its holding company or affiliates in the Republic of South Africa, or of third parties who have authorised the company to display such trademarks on the Website. Nothing contained on this Website should be construed as granting, by implication or otherwise, any license or right to use by you (whether directly or indirectly) any of the trademarks displayed on this website without the express prior written consent of company. Your use of any of the trademarks displayed on the Website or in any of its contents is strictly prohibited. You may not (whether directly or indirectly) copy, reproduce, publish, upload, post, transmit, distribute, or modify any of the trademarks appearing on this Website. You further undertake, in any form, not to infringe any right of the company or trademark owners in respect of such trademarks. The use of the trademarks on any other website or networked computer environment is prohibited.

 

Unlawful use
You shall not use this Website to send or post any message or material that is unlawful, harassing, defamatory, abusive, threatening, obscene, sexually orientated, racially offensive, profane or which violates any applicable law and you hereby indemnify Melle Studio against any loss, liability, damage or expense of whatever nature which the company or any third party may suffer and which is caused by or attributable to, whether directly or indirectly, your use of the Website.

 

Security
The Company will take reasonable precautions to ensure that your Personal Information and/or credit/cheque card (e.g. a MasterCard or Visa card), or other card details are protected from unauthorized use and disclosure. The Company cannot guarantee the absolute security of any information You transmit to Us or which the Company transmits to You. You agree that the Company shall be entitled, at all times, to take all reasonable steps to ensure the integrity and security of the Website, including associated applications.

The content contained on the Website may be used by You for your own personal shopping and information purposes only. In using the Website You warrant that You shall not infect it with any computer programming (such as a virus) that may damage, interfere with, delay or intercept any data or information on the Website and You hereby indemnify the Company for any damage caused by any act attributable to You. Any person that delivers or attempts to deliver any damaging code to this Website or attempts to gain unauthorised access to any page shall be prosecuted.

 

Placing an order online
When placing an order online for Products and to purchase Products online Customers will be required to provide the following personal information including but not limited to:

Name and Surname or Company name;

Email address;

Contact number;

Payment details;

Delivery address; and

Billing address.

Enquiries about the progress of your order can be made to info@melle-studio.co.za. Customers’delivery address and contact details are required to facilitate the delivery of an order.

 

Delivery of products
All Products purchased online through the Website will be delivered to the address provided by the Customer. All deliveries are outsourced and will be made through The Courier Guy. Delivery of Products by The Courier Guy will be subject to an extra delivery fee. The delivery fee will be added to the final bill which Customers are required to pay at checkout. Delivery fees are dependent on, among other things, the size and weight of the Product and the delivery address of the Customer. The Company shall provide the Customer with a Waybill number for the Customer to track the purchased Product's movement on The Courier Guy's website (http://www.thecourierguy.co.za/tracking_home.php). Please allow between 2 – 5 working days turnaround time to receive your order during business hours.

Customers are required to ensure that a responsible person (whether it be the Customer him/herself or an authorised representative of the Customer) is available to accept the purchased Product at the delivery address and that appropriate access will be made available to the courier. On delivery of the Product, Customers will be required to sign and print their name on a duplicate copy of the delivery note, to confirm receipt of the Product. It shall be presumed that any person other than the Customer him/herself who receives the Products at the delivery address is authorized to accept delivery on behalf of the Customer. Should no-one be available at the delivery address specified by the Customer at the time of delivery, the courier will return the Products to the Company. The Courier Guy will attempt to make contact with the Customer to make new arrangements for redelivery. Should the Customer remain unavailable, the Company reserves the right to charge an additional delivery fee for re-delivery of the Product on a subsequent day should it be required under the circumstances.
The Company shall in no way be liable for any damage or destruction caused to the Products while in the possession of The Courier Guy.

 

Obvious errors
Whilst all precautions are taken by the Company to provide the correct information on the Website, in the event that an inadvertent and obvious error in the price, Product or Service description, images and any other relevant content, is identified by the Company, the Company is not obliged to provide the Customer with the affected Product or Service.
The Company will make every effort to alert Customers of the error. In such circumstances, Customers are entitled to cancel the purchase and the Company will provide a full refund for the amount paid.

 

Colours and images
Every effort are made by the Company to display as accurately as possible the colours of the Products that appear on the Website. Colours displayed on the Website are subject to the monitor settings on computers, and the Company cannot guarantee that the monitor's display of any colour will be completely accurate. By accessing, browsing, and using the Website, the Customer understands and agrees that the Company cannot be held responsible for any errors that might be a result of incorrect images displayed. The Company will endeavour to remove and replace any images that are incorrect as quickly as possible.

 

Confirmation of orders
Orders placed on the Website constitute an offer to purchase the Products subject to this Agreement. An offer is deemed to have been received by the Company when payment is received from the issuing bank in the case of payment via Credit/Cheque Card or instant EFT, or when the payment reflects on the Company’s bank statement in the case of payment via manual EFT. On receipt of a Customer’s order, the Company will send an email to the Customer describing the Products and Services so ordered. These communications are merely a confirmation that the Company has received the Customer’s order, and do not represent any acceptance by the Company of the offer by the Customer to purchase the Products or Services from the Company. The Company is in no way legally obliged to provide the Products and Services to the Customer during the offer process. Failure by the Company to formally confirm or notify acceptance shall not affect the validity of the sale or the enforceability thereof.

 

Agreement of sale
An agreement of sale in respect of a Product between the Company and the Customer shall only come into effect when payment has been made and the Products have been delivered at the Customer’s chosen delivery address. In this regard, the word “payment” means a Credit/Cheque Card authorisation is received by the Company from the issuing bank or when the Company’s bank statement reflects the payment via EFT, and the order has been invoiced. The word “delivery” means the transportation and the handover of the Product to the Customer. The Company shall only be liable to refund monies already paid by the Customer. Unless otherwise stated, a delivery fee will be charged each time the Customer purchases a Product online for delivery.

 

Delivery confirmation
The contract between the Company and the Customer will only be completed upon delivery of the Products to the Customer. Any Products or Services on the same order which have not been dispatched/delivered to the Customer do not form part of that contract. Delivery dates are estimates only, and the Company will take all reasonable steps to inform the Customer if any Products or Services ordered are unavailable or delayed for any reason.

 

Risk and ownership
Risk in the Products shall pass to the Customer upon delivery of the Products at the delivery address chosen by the Customer. Until payment is received in full for any Products sold, ownership in the Products shall remain with the Company and such Products shall be returned and/or surrendered forthwith by the Customer to the Company following receipt of a default notice from the Company.

 

Cancellation and returns
Customers may cancel an order for any reason whatsoever within 24 hours from the time of purchase, unless the Company has already shipped the order to the Customer. Customers may cancel an order by contacting a Company representative on info@melle-studio.co.za. No penalty charges will be levied against cancelled orders prior to expiry of the aforementioned 24 hours cut-off time.

 

The Customers has the right to request a refund within 7 calendar days of delivery. Refunds are subject to the following conditions:

Customers must email admin@naiadecor.com should you want a refund within 7 calendar days.

The return of the Product will be at the Customer’s own expense, and collections of the Product from the Customer’s address will be subject to a collection fee;

Products must be returned undamaged in their original packaging.

Products with seals on them will not be accepted back if the seal is broken. This will be regarded as a used Product;

All returned Products are subject to inspection by the Company to ensure the Products are suitable for a refund; and

No Customer shall be entitled to cancel an order and request a refund on Products which are damaged as a result of the Customer’s own conduct.

Refunds shall only be processed onto the payment method that was used when the order was created, and into the account from which payment was made (e.g. Credit/Cheque Card or EFT).

A refund may take up to 14 business days to reflect in the account of the Customer, and EFT refunds are subject to verification of the Customer’s banking details. Customers requiring more information on cancellations may contact a Company representative on the email address admin@naiadecor.com

 

Damaged or incorrect products
Should the Company supply an incorrect, damaged or faulty Product (“Defective Product”), Customers are required to notify the Company within 24 hours of receipt of the Defective Product on admin@naiadecor.com

 

Customers who claim that the Products received are damaged will be required to provide the following information to the Company at admin@naiadecor.com in order for the Company to assess where in the delivery process the damage occurred:

a photograph of the outer box (including whether a “Fragile” sticker was placed thereon

photograph of the inside of the box, including the inner packaging; and

a photograph of the damaged Product.

The aforementioned information must be sent within the period 24-hour specified above.
Customers may request the Company to:

replace the Product (subject to availability thereof);

repair the Product; or

issue a refund to the bank account from which the Product was purchased.

The Company shall as soon as reasonably possible after notification by the Customer contemplated replace or repair the Product or issue a refund, provided the conditions set out in below are met. Replacement Products shall be delivered to the Customer at the address provided by the Customer, at the Company’s expense.
Replacements and refunds by the Company are subject to the following conditions:

Refunds will only be processed onto the payment method that was used when the order was created, and into the account it was paid from e.g. Credit/Cheque Card or EFT.

A refund can take up to 14 business days to reflect in the account of the Customer, and EFT refunds are subject to verification of the Customer’s banking details.

 

Consent

I understand that all the designs and trademarks are registered to the company and hereby accept the terms and conditions. I undertake not to copy/duplicate the trademarks and designs directly or indirectly in anyway and understand the legal implications thereof. Should I be found to be in violation of this agreement I understand that I will be held liable for all legal costs incurred by Naia Decor (Pty) Ltd. for any civil action or any legal action deemed necessary against me.

 

If you have any questions regarding our Website, the terms, Products or Services, please contact us on studio@naiadecor.com