Terms & Conditions
TERMS OF SERVICE
Nomsa & Amahle Durban
OVERVIEW
Welcome to Nomsa & Amahle Durban! The terms "we", "us" and "our" refer to Nomsa & Amahle Durban. Nomsa & Amahle Durban operates this shop and these websites, including all related information, content, features, tools, products and services, to provide you as a customer with a personalised shopping experience ("Services"). Nomsa & Amahle Durban uses the Shopify platform, which enables us to provide the Services.
The following terms and conditions, together with all policies referred to herein (these "Terms of Service" or "Terms"), describe your rights and obligations when using the Services.
Please read these Terms of Service carefully as they contain important information about your legal rights and cover matters such as disclaimers of warranties and limitations of liability.
By visiting, using or interacting with our Services you accept these Terms of Service and our Privacy Policy [LINK]. If you do not agree with these Terms of Service or the Privacy Policy, you should not use or access our Services.
SECTION 1 – ACCESS AND ACCOUNT
By accepting these Terms of Service, you confirm that you are of legal age in your country or province of residence and that you have given consent to use the Services to any minors in your care on devices that you own, acquire or manage.
In order to use the Services, including accessing, browsing or purchasing products or services offered in our online shops, we may require you to provide certain information such as an email address and billing, payment and delivery details. You represent and warrant that all information you provide to us in our shops is correct, current and complete and that you have all necessary rights to provide it.
You alone are responsible for maintaining the security of your account details and for all activities carried out on your account. You may not transfer, sell, assign or licence your account to any other person.
SECTION 2 – OUR PRODUCTS
We have made every effort to represent our products and services as accurately as possible in our online shops. However, please bear in mind that the colours or appearance of products may differ from how they are displayed on your screen depending on the type of device used to access the shop and the settings and configuration of that device.
We do not guarantee that the appearance or quality of any product or service purchased will meet your expectations or be the same as presented or offered in our online shops.
All product descriptions may be changed at any time without prior notice at our sole discretion. We reserve the right to discontinue the sale of any product at any time and to restrict the quantity of any product offered to any person, geographical area or jurisdiction.
SECTION 3 – ORDERS
By placing an order you are making an offer to purchase. Nomsa & Amahle Durban reserves the right to accept or refuse your order for any reason at its sole discretion. Your order is not accepted until Nomsa & Amahle Durban confirms its acceptance. We must receive and process your payment before the order is accepted. Please review your order carefully before submitting it, as Nomsa & Amahle Durban may not be able to accommodate cancellation requests once an order has been accepted. In the event of non-acceptance, modification or cancellation of an order, we will endeavour to inform you via the email address, billing address and/or telephone number provided when placing the order.
Your purchases are subject to return or exchange solely in accordance with our Returns Policy [LINK].
You represent and warrant that your purchases are intended for personal or domestic use, not for commercial resale or export.
SECTION 4 – PRICES AND BILLING
Prices, discounts and promotions may change without prior notice. The price charged for a product or service will be the price in effect at the time of placing the order and will be stated in the order confirmation email. Unless expressly stated otherwise, published prices do not include taxes, shipping costs, handling, customs duties or import charges.
Prices published in our online shops may differ from prices offered in physical stores or in online or other shops operated by third parties. From time to time we may offer promotions relating to the Services, which may affect prices and which are subject to terms different from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the terms of the promotion shall prevail.
You agree to provide current, complete and accurate purchase, payment and account details for all purchases made in our shops. You agree to promptly update your account and other details, including email address, credit card numbers and their expiry dates, so that we can complete your transactions and contact you if necessary.
You represent and warrant that: (i) the credit card details you have provided are true, accurate and complete; (ii) you are authorised to use that credit card to make the purchase; (iii) the charges will be honoured by your credit card issuer; and (iv) you will pay the amount at the published prices, including shipping and handling costs and any applicable taxes, if any.
SECTION 5 – SHIPPING AND DELIVERY
We are not responsible for delays in shipping and delivery. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by The Courier Guy, customs procedures or events beyond our control. Once the product has been handed over to The Courier Guy, ownership and risk of loss passes to you.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including without limitation all trademarks, marks, text, visual materials, images, graphics, product reviews, video and audio recordings and their design, selection and arrangement, are the property of Nomsa & Amahle Durban, its affiliates or licensors and are protected by domestic and international patent laws, copyright and other intellectual property rights.
These Terms permit you to use the Services solely for personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, download, store or transmit any materials available through the Services without our prior written consent. Unless this document expressly provides otherwise, nothing in these Terms grants or shall be construed as granting any licence or other rights arising from any patent, trademark, copyright or other intellectual property of Nomsa & Amahle Durban, the Shopify platform or any third party. Unauthorised use of the Services may constitute a breach of domestic and international intellectual property legislation. All rights not expressly granted herein are reserved for Nomsa & Amahle Durban.
The names, logos, product and service names, designs and slogans of Nomsa & Amahle Durban are trademarks of Nomsa & Amahle Durban, its affiliates or licensors. You may not use such trademarks without the prior written consent of Nomsa & Amahle Durban. The name, logo, product and service names, designs and slogans of the Shopify platform are trademarks of Shopify. All other names, logos, product and service names, designs and slogans appearing in the Services are trademarks of their respective owners.
SECTION 7 – OPTIONAL TOOLS
Through the Services you may gain access to tools provided by third parties, which we do not monitor and over which we have no control or influence.
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 support. We bear no responsibility arising from or related to your use of optional third-party tools.
All use of optional tools offered through the websites is entirely at your own risk and discretion and you should familiarise yourself with, and accept, the terms on which the relevant external providers make such tools available.
In the future we may also offer new features within the Services (including making new tools and resources available). Such new features will likewise be considered part of the Services and will be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party features). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services and access such third-party materials or websites, you do so at your own risk.
We are also not responsible for any damages or losses related to your access to third-party websites or to the purchase or use of any products, services, resources or content on such sites. Please carefully review the policies and procedures of third parties and make sure you understand them before carrying out any transaction. Complaints, claims, concerns or queries relating to third-party products and services must be directed to the relevant third party.
SECTION 9 – RELATIONSHIP WITH THE SHOPIFY PLATFORM
[NOTE FOR MERCHANT: this section accurately describes the relationship between the Shopify platform and your shop and must not be removed or altered.]
Nomsa & Amahle Durban uses the Shopify platform, which enables us to provide the Services. However, all sales and purchases made in our shop are conducted directly with Nomsa & Amahle Durban. By using the Services you acknowledge and agree that Shopify bears no responsibility for any aspect of the sale between you and Nomsa & Amahle Durban, including any injury, damage or loss arising from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages and liability arising from or related to your purchases and transactions with Nomsa & Amahle Durban.
SECTION 10 – PRIVACY POLICY
All personal data we collect through the Services is subject to our Privacy Policy, which you can view here [LINK], and certain personal data may also be subject to the Shopify platform Privacy Policy, which you can view here. By using the Services you confirm that you have read and understood these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal data relating to your access to and use of the Services in order to provide and improve the Services. Information you submit through the Services will be transferred to and shared with the Shopify platform, as well as with third parties who may be located in countries other than your country of residence, for the purpose of providing the Services. Please review our Privacy Policy [LINK] for more information on how we, Shopify and our partners use your personal data.
SECTION 11 – FEEDBACK
If you submit, publish, send by email or otherwise transmit any ideas, suggestions, comments, reviews, recommendations, plans or other content (collectively "Feedback"), you grant us a perpetual, worldwide, sub-licensable and royalty-free right to use, reproduce, modify, publish, distribute and display such Feedback in any media and for any purposes, including commercial ones. We may for example exercise the rights arising from this licence to operate, provide, evaluate, improve, develop and promote the Services and to fulfil our obligations and exercise our rights under the Terms of Service.
You further represent and warrant that: (i) you own all Feedback or have all necessary rights to it; (ii) you have disclosed all rewards or incentives received in connection with submitting the Feedback; and (iii) your Feedback will comply with these Terms. We are not and will not be obliged to: (1) maintain confidentiality of your Feedback; (2) pay any remuneration for your Feedback; or (3) respond to your Feedback.
We may, but are not obliged to, monitor, edit or remove Feedback that, in our sole discretion, is unlawful, offensive, threatening, defamatory, libellous, pornographic, obscene or otherwise inappropriate or infringes the intellectual property of any party or these Terms of Service.
You agree that your Feedback will not infringe any rights of third parties, including copyright, trademarks, right to privacy, personality rights or other personal or property rights. You further agree that your Feedback will not contain defamatory or otherwise unlawful, offensive or obscene content, nor will it contain computer viruses or other harmful software that could in any way affect the operation of the Services or any related websites. You may not use a false email address, impersonate any person or otherwise mislead us or third parties as to the origin of any Feedback. You bear sole responsibility for any Feedback you provide and for its accuracy. We bear no responsibility for any Feedback published by you or any third party.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
From time to time information containing typographical errors, inaccuracies or omissions may appear in the Services or in connection with them, which may relate to product descriptions, prices, promotions, offers, product shipping charges, transit times and availability. We reserve the right at any time and without prior notice to correct any errors, inaccuracies or omissions and to change or update information or cancel orders where any information proves to be incorrect (including after an order has been placed).
SECTION 13 – PROHIBITED USES
You may access and use the Services solely for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for any unlawful or harmful purpose; (b) in a manner that violates any international, federal, provincial, state or local laws, regulations or ordinances; (c) in a manner that infringes our intellectual property rights or those of others; (d) for the purpose of harassing, abusing, insulting, harming, defaming, slandering, intimidating or causing harm to any of our employees or any other person; (e) for the purpose of transmitting false or misleading information; (f) for the purpose of transmitting, knowingly receiving, transmitting, downloading, using or re-using any materials that are not in accordance with these Terms; (g) for the purpose of sending or ordering the sending of any advertising or promotional materials, including "spam", "chain letters", "junk mail" or any other similar form of unsolicited communication; (h) for the purpose of impersonating or attempting to impersonate any person or entity; or (i) for the purpose of engaging in any other activity that restricts or prevents anyone from using or enjoying the Services or that in our assessment could harm Nomsa & Amahle Durban, the Shopify platform or users of the Services or expose them to liability.
You further agree that you will not: (a) upload or distribute viruses or any other type of malicious code that will or may be used in a manner affecting the function or operation of the Services; (b) reproduce, duplicate, copy, mine, sell, resell or exploit any part of the Services; (c) collect or track the personal data of others; (d) send spam, phishing, pharming or pretexting in connection with the Services; (e) use any robots, crawlers, data extraction tools, automated devices or processes, artificial intelligence tools (such as agentic AI systems) or automated or manual means of access to the Services; or (f) disrupt, circumvent or evade security or authorisation features, robot-exclusion headers or other means we use to restrict access to the Services. We reserve the right at any time and without prior notice to suspend, deactivate or close your account if we believe you have violated any part of these Terms.
SECTION 14 – AGENTS
14.1. This section ("Agent Terms") applies if you use an agent, authorise its use, enable its deployment or cause its deployment for the purpose of accessing, using or interacting with any Shopify consumer service. "Agent" means any software or service that performs autonomous or semi-autonomous activities on behalf of or at the direction of any person or entity and that may act on behalf of a person or through their device without direct control.
14.2. No Agent may access, use or interact with the Services unless it is identified at all times and operates in strict compliance with the requirements set out in section 14.4 below. No Agent may furthermore access, use or interact with the Services if we have requested that it refrain from accessing, using or interacting with any Service.
14.3. We may restrict, including by technical means, whether and how any Agent accesses, uses and interacts with the Services.
14.4. Agents must: (i) indicate in all HTTP/HTTPS requests that the request originates from an agent and disclose the name of the agent by placing the following string in the user-agent field of the request: "agent/[agent name]"; (ii) not conceal or withhold the fact that any access, use or interaction originates from an agent, for example by (a) mimicking human behaviour and interaction patterns or (b) performing or circumventing CAPTCHA authentication or means of distinguishing computer activities from human ones; (iii) truthfully answer any questions or queries designed to ascertain whether interactions originate from a human or a computer; (iv) not circumvent or otherwise evade any measure designed to block, restrict, modify or control whether and how agents access, use or interact with the Services.
SECTION 15 – TERMINATION
We may terminate this agreement or end your access to the Services (or any part thereof) at our sole discretion at any time without prior notice and you will remain responsible for all amounts due up to and including the date of termination.
Upon termination the following sections will continue to apply: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy and any other provisions that by their nature should survive termination.
SECTION 16 – DISCLAIMER OF WARRANTIES
Information presented in or through the Services is made available solely for general information purposes. We do not guarantee the accuracy, completeness or usefulness of this information. Any reliance on such information is entirely at your own risk. We disclaim all responsibility arising from reliance on such materials by you, any other user of the Services or anyone who may be informed of their content.
UNLESS NOMSA & AMAHLE DURBAN EXPRESSLY STATES OTHERWISE, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THEM ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS RESTRICT OR DO NOT PERMIT THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, AS A RESULT OF WHICH THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
SECTION 17 – LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NOMSA & AMAHLE DURBAN, OUR PARTNERS, DIRECTORS, BOARD MEMBERS, EMPLOYEES, AFFILIATES, AGENTS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS, NOR SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSSES, CLAIMS OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR ANY SIMILAR DAMAGES, REGARDLESS OF WHETHER THEY ARISE FROM CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY SERVICE OR ANY PRODUCT PURCHASED THROUGH THE SERVICES, OR FROM ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING WITHOUT LIMITATION ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF USING THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SECTION 18 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Nomsa & Amahle Durban, the Shopify platform and our affiliates, partners, board members, directors, employees, agents, suppliers, licensors and service providers from all losses, damages, liabilities or claims, including reasonable legal costs, owed to third parties or arising from (1) your breach of these Terms of Service or documents incorporated herein by reference, (2) your violation of any law or the rights of third parties, or (3) your access to and use of the Services.
We will notify you of any indemnification claim, and your failure to provide immediate notification will not relieve you of your obligation unless it causes you material prejudice. We may control the defence and settlement of such a claim at your expense, including the choice of solicitor, but we will not conclude a settlement that imposes non-monetary obligations on you without your consent (which may not be unreasonably withheld). You undertake to cooperate in the defence of claims, including providing relevant documents.
SECTION 19 – SEVERABILITY
If any provision of these Terms is found to be unlawful, void or unenforceable, that provision will nonetheless be enforceable to the maximum extent permitted by applicable law and the unenforceable part will be deemed severed from these Terms, without affecting the validity and enforceability of the remaining provisions.
SECTION 20 – WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules we have published on this website or in connection with the Service constitute the entire agreement and understanding between you and us and govern use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, oral or written, between you and us (including without limitation any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms shall not be construed against the party who drafted them.
SECTION 21 – ASSIGNMENT
You may not delegate, transfer or assign this agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or notice.
SECTION 22 – GOVERNING LAW
These Terms of Service and any separate agreements pursuant to which we provide services to you shall be governed by and construed in accordance with the laws of South Africa. You and Nomsa & Amahle Durban agree to submit to the local and personal jurisdiction of the South African courts.
SECTION 23 – HEADINGS
The headings used in this agreement are for convenience only and do not limit or otherwise affect these Terms.
SECTION 24 – CHANGES TO THE TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this website.
We reserve the right at our sole discretion to update, change or replace any part of these Terms by posting updates and changes on our websites. It is your responsibility to check the website periodically for changes. We will notify you of any material changes in accordance with applicable law and those changes will take effect on the date stated in the notice. Continued use of or access to the Services following the posting of changes constitutes acceptance of those changes.
SECTION 25 – CONTACT DETAILS
If you have any queries regarding these Terms of Service, please contact us at: