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TERMS AND CONDITIONS

Except as otherwise agreed to in writing, all online purchases and transactions for the supply of the Products by Nia & Far (Proprietary) Limited (‘Nia & Far’), as well as all usage of the www.niaandfar.com Website (‘Site’), shall be subject to the following terms and conditions. All terms and conditions of sale shall be interpreted subject to South Africa’s CPA and the Credit Act.

Application of standard Terms and Conditions
All customers shall be bound by these standard terms and conditions of sale in all transactions relating to all purchases of the Products using the On-Line Portal, as well as any other activity or usage related to the website.

Registration, Guest Users and Account Security
Some of the services provided on this website require the customer to create an account by registering. Even when using the website and its services as a guest user, the customer is required to provide information about themselves that is true, accurate, current and complete in all respects. Should any of this information change; it is the customer’s responsibility to notify Nia & Far via info@niaandfar.com.

Nia & Far reserves the right to alter registration and guest user requirements as and when needed. It is the customers responsibility to keep their password safe and secure.

As a user of the website, in any way that engages with Nia & Far, the customer acknowledges and agrees that they are over 18 years of age, and are the account or card holder of any payment facilities provided. The customer also agrees to having a valid email address that they monitor regularly, and to being able to provide any information requested by Nia & Far in order to complete a function on the site.

By placing or requesting to place an order, the customer is giving Nia & Far permission to undertake any background or credit check required before we are able to authorize any payments and delivery. This may include obtaining information from third parties in order to confirm a customer’s identity, payment information provided, any given details and credit history.

Customer Privacy Policy
Nia & Far shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, “personal
information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569 .

Orders, Pricing and Foreign Currency Payments
All orders are subject to acceptance and availability. We do not hold your shopping basket, which means that other customers may purchase items in a customer’s shopping basket until final payment has been processed and a confirmation email has been received from Nia & Far.

Nia & Far may offer products that are out of stock, or that have recently become out of stock and have not yet been clearly displayed or updated on the website as so. Nia & Far may also offer products on a pre-order basis where an estimated delivery date will be provided. Therefore there is the possibility of making an advance payment for some items. Advance purchases will be subject to unique delivery lead times dependent on when stock becomes available, which will vary from product to product. A customer’s rights regarding advance purchase are the same as those for any other purchase at Nia & Far.

Nia & Far may, on occasion, be unable to deliver advance payment products. In these circumstances the customer will be notified by email and refunded the advance payment.

Prices on our site are charged in ZAR (R), this is our base price.
You can use the currency conversion tool (if available) provided which allows you to see the prices USD, GBP, AUD and EUR. Keep in mind that this conversion only provides an approximate conversion price in the currency selected. The currency of the transaction and billing will remain in ZAR. You will be billed in ZAR, if you do not bank in South Africa then your bank will convert the ZAR amount to your countries currency.

Acceptance of Order
Once a customer has placed an order, the customer will be sent an email acknowledging receipt of the order details. This email does not serve to confirm the customer’s order, it is merely an acknowledgement of receipt of the order you have placed.

Unless the customer cancels their order within the accepted five-day ‘Cooling Off’ period, acceptance of the customer’s order and completion of the contract between the customers and Nia & Far will be completed on receipt of payment in full and Nia & Far has emailed to confirm completion of payment. Neither Nia & Far’s third party payment processor nor our nominated courier has the authority to accept an order on behalf of Nia & Far.

Nia & Far reserves the right not to accept a customer’s order at Nia & Far’s sole discretion. Nia & Far will not be liable to a customer or any third party by reason of Nia & Far withdrawing any merchandise from the website for any reason whatsoever and howsoever.

Should Nia & Far may discover an error in the pricing, description or imagery of products, as well as delivery costings and lead times. Nia & Far will inform the Customer of an error directly via email, and Nia & Far shall be under no obligation to accept or fulfill an order for a product that was advertised at an incorrect price and reserve the right to cancel such an order that has been accepted or is in transit. In this case, the customer has the right to cancel their purchase, and will be refunded the full amount paid. In the event that products are recalled in transit, Nia & Far will process the customer refund once the product has arrived back at Nia & Far’s Headquarters safely.

Cancellation of Orders
According to the South African Consumer Act, the customer has the right to a five-day ‘Cooling Off’ period, during which the customer may cancel their purchase without giving an explanation or incurring loss. This ‘Cooling Off’ period begins from the time that the Customer receives an email from Nia & Far confirming receipt of an order. The five days in the ‘Cooling Off’ period are counted as business days.

Nia & Far reserves the right to monitor repeated cancellations from one customer and to refuse to service to a customer who cancels orders repeatedly, at Nia & Far’s discretion.

Refunds on legitimately cancelled orders will be made at the earliest convenience of Nia & Far, and never before any dispatched product has been returned and reviewed in order to ensure it is in good order. Any Product that is returned as a result of cancellation are subject to the same terms of being returned in perfect condition as per all returns laid out in these Terms and Conditions.

Payments
Nia & Far accepts Visa and MasterCard, and any other methods, which may be clearly advertised on the website. Cheques and EFTs are not accepted.

The customer confirms that they are specifically authorized to use the credit/debit card or any other form of payment or that they have been given authorization from the owner of such credit/debit card to use it. All credit/debit cardholders are subject to validation checks and authorization by the card issuer.

If the issuer of your payment card refuses to authorize payment to Nia & Far, Nia & Far will not be held liable or accountable for any delay or non-delivery of the product ordered.

Nia & Far takes reasonable care in ensuring that our website is secure. All payment transactions on this site are processed using PayFast, a secure online payment gateway that encrypts customers’ card details in a secure host environment.

If a customer has registered an account via the Nia & Far website, Nia & Far will securely store their credit/debit card details on our systems. These details will be fully encrypted and only be used to process transactions the customer has initiated ensuring your details are secure.

Nia & Far takes reasonable care, as far as it is in Nia & Far’s power and control to do so, to keep the customer’s order details and payment secure, but in the absence of negligence on Nia & Far’s part, Nia & Far cannot be held liable for any loss the customer may suffer if a third party procures unauthorized access to any data the customer provides when accessing or ordering from the website.

Promotional Codes
Promotional codes are non-transferable and there is no cash alternative for these codes. Furthermore, they cannot be used in conjunction with any other promotion code or offers, and must be used by the date advertised, if provided.

Card Acquiring and Security
Card transactions will be acquired for Nia & Far via PayFast who are the approved payment gateway for all South African Acquiring Banks. PayFast uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.payfast.co.za to view their security certificate and security policy.

Customer Details Separate from Card Details
Customer details will be stored by Nia & Far separately from card details which are entered by the client on PayFast’s secure site. For more detail on PayFast refer to www.payfast.co.za.

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

Delivery
Ordering your Nia & Far accessory is easy as we deliver straight to your doorstep! Depending on your location and product availability, we aim to deliver your product within 7-15 working days for international orders and 5-7 working days if you are based in South Africa. If the item is out of stock or on a pre-order basis you may wait a bit longer for your order as it can take up to 10 weeks to restock or manufacture the item ordered.

Please note that an additional 10 to 15 working days can be added to the delivery time on International orders (outside South Africa) for all exotic skins including, but not limited to, python, lizard and crocodile, as specific permits need to be obtained in order to ship accessories made from these skins. Please note that this additional time period does not apply to ostrich nor ostrich shin handbags.

Nia & Far ships online purchases nationally and internationally. Please note, delivery does not include customs charges. Since all Nia & Far international (non-South African) deliveries are DDUs (delivery Duty Unpaid) a customer may incur customs charges if they order from outside South Africa. This means that the product prices displayed exclude all taxes and duties. The recipient of these goods (the customer) agrees to accept liability for all import duties, customs and local taxes levied by the country to which the customer has requested to ship to. Payment of these amounts by the customer will be necessary in order to release the purchased goods from customs on arrival.

By confirming an order, the customer consents to the responsibility of paying any additional costs to release their delivery on arrival.
The customer is also consenting to the term that Nia & Far will not offer a refund nor a replacement product should the customer fail to pay any taxes or duties, and that the loss of any product as a result will be the customer’s responsibility. Nia & Far is not responsible for customs charges and additional taxes, and will not refund orders if the customer is unable to cover these charges.

Customs charges differ from country to country; it is the customer’s responsibility to check their country’s charges before ordering.

It is also important to note that every country and state has individual laws regarding the import of exotic-leather items. It is the customer’s responsibility to check the local laws governing the area of their chosen delivery address, and to ensure that they are able to legally import these products to their chosen delivery address. Nia & Far will take no responsibility nor offer any refunds for items destroyed or banned from being forwarded to the given delivery address due to laws governing the import of exotic-leather and/or animal goods. It is also the customer’s responsibility to contact customs for more information and clarification regarding this.

You can check the current status of your shipment by following the instructions on the dispatch email sent to you which will include a link to the courier service to confirm with them which page the client should go onto. You will be directed to the website where if you enter the tracking number of your shipment you will see its status.

Nia & Far will not take responsibility nor be held liable for failure to deliver products should the failure be the result of strike action involving either Nia & Far staff or any suppliers/companies involved in the delivery of any products or due to, but not limited to, Power Failures, Acts of God or Freak Weather.

It is the customer’s responsibility to check the products in the presence of the Nia & Far representative making delivery. Should the Customer nominate that a third party take the delivery, this responsibility falls onto the third party, for which Nia & Far takes no responsibility or liability.

Delivery of the products at the shipping or delivery address as nominated by the customer shall constitute good delivery.

Should, upon the customers request, the products be delivered to a carrier for delivery to the customer, delivery to the customer shall be deemed to have been duly effected on delivery to the carrier who shall at all times be and remain the customers nominated agent for purposes of these terms and conditions.

In the event of short delivery the Customer shall lodge a claim with Nia & Far within three (3) days of the delivery. Please lodge your claim by emailing info@niaandfar.com detailing the short delivery.

Customers are not able to change the delivery details once their order has been placed and confirmed.

Nia & Far takes no responsibility and accepts no liability for incorrect delivery details or, if an unauthorized person, at the delivery address, accepts delivery of the order and products.

Please note that Nia & Far sends out parcels from Monday to Friday excluding South African Public Holidays.

Ownership
Nia & Far hereby reserves its right to ownership of all products ordered, until the products have been fully paid for by the customer, regardless of whether the products have been delivered or not.

Risk
The risk in and to the products shall pass to the customer upon delivery of the products to the customer, albeit that ownership of the products may remain vested in Nia & Far.

Returns
Nia & Far agrees to the refund of products purchased and received by the customer, on condition that the following terms have been met:

Should you wish to return your Nia & Far accessory, you may do so within 14 days from receiving your order. Kindly send an email to info@niaandfar.com with your order number and the reason for returning the item.

Any items that are damaged or faulty must be returned within 7 days of receipt. Kindly send an email to info@niaandfar.com with your order number and the reason for returning the item.

The returned items must be returned in their original condition, including all their packaging and tags, in order to be accepted.

In instances where products are being returned via courier, the customer shall be responsible for payment of any fees levied for the relevant courier service.

We do not facilitate exchanges. Should you wish to exchange your purchased item for a different product you may return your original purchase by following our returns process and then by making a purchase of the item that you would prefer.

The customer will not be reimbursed any costs incurred for initial delivery of the products being returned.

Any refund to the customer will only take place once Nia & Far has received the return, reviewed it and is satisfied with the item being returned.

Nia & Far shall use its own discretion as to the means used to refund all customers including, but not limited to, cash, crediting the relevant customer’s account or applicable credit or debit card.

Nia & Far shall not be liable for any delivery costs incurred by customers returning any products. Cost of returns will be for the customer’s own account.

No returns or exchanges are offered on marked down or sale items, or on personalized items.

If you are based in South Africa, according to The Consumer Protection Act, you have the right to cancel your order within five business days after placing it, known as the ‘Cooling Off’ Period without providing a reason or incurring loss. This ‘Cooling Off’ Period will begin from the first business day after which you receive via email confirmation of your order. In order to cancel your order you must do so in writing by emailing Nia & Far at info@niaandfar.com, clearly stating your order information. The email must be sent within the ‘Cooling Off’ Period to be valid.

Items should be returned unused and with all the relevant Nia & Far tags still attached to it. Returns that have been damaged or soiled will not be accepted and will be sent back to the customer at the customer’s cost. Any belts, straps and or designer packaging such as authenticity cards, dust bags, and leather tags should be included with the customer’s return.

Nia & Far has the right to monitor repeated returns from the same customers. Nia & Far may exercise its right to refuse to service the customers with a repeat-return history.

Returns on any exotic-leather accessories: In order to return exotic-leather accessories, strict paperwork and permits must be applied for and received to transport these exotic-leather pieces across borders. If you wish to return an exotic-leather piece, you must first contact info@niaandfar.com in order for Nia & Far to offer the necessary assistance with certification for the item to be legally returned back to South Africa. Nia & Far will accept neither responsibility nor liability and will not refund any loss or damage incurred by yourself for goods destroyed, seized or confiscated by customs should you fail to follow this process. Please email info@niaandfar.com to arrange a return on all exotic leather goods.

Warranty
No claim shall lie against Nia & Far arising out of or in connection with any defects in, or unsuitability of the products. It is the customers responsibility to read and familiarize themselves with the Care Guides provided for on the Nia & Far website, as well as communicated via any form of correspondence, including but not limited to email, tags and labels on products or packaged with products, and to adhere to the Care Guide. Nia & Far will not be held liable or required to refund or replace any damaged or lost products due to failure to adhere to the Care Guide on the customer’s side.

Nia & Far will not be held liable for any damage or lost products where a customer involves a third party to clean, repair or make any other kind of adjustment or alteration to a product. Third party involvement immediately relieves Nia & Far from any kind of warranty or liability attached to the product, regardless of how long the customer has been in possession of the product since the initial purchase of the product.

Indemnity
You shall remain solely liable for the content of any messages or any other information you upload or transmit to Okapi. You agree to indemnify and hold harmless Okapi from any claim, action, demand, loss or damages (including attorneys’ fees) made or incurred by any third party arising out of or relating to your conduct, your violation of these terms and conditions, or your violation of any rights of a third party.

Nia & Far shall not be liable at any time for any claims of whatsoever nature and howsoever arising for the direct or consequential loss or damage which may be sustained by the customer or any other person in connection with the use of the products or the Nia & Far website and its contents and so the customer agrees to indemnify Nia & Far against all such claims.

Non- Variation
No agreement to supplement, change, add to or cancel the terms and conditions set out shall be of any force or effect unless reduced to writing and signed by or on behalf of the both parties subject to the terms and conditions set out on this website.

The terms and conditions of sale set out shall replace any conflicting clauses or conditions whether verbal or otherwise contained in any customer documents.

Confidentiality
Nia & Far and the customer agree to keep information that they receive from one another confidential by using the same degree of care that they would otherwise use to protect their own private information. Nia & Far will not disclose any customer’s confidential information to anyone else, unless the customer allows Nia & Far to do so. The customer agrees to do the same with any confidential information received about Nia & Far. Nia & Far can, however, disclose the customer’s confidential information to Nia & Far’s employees and contractors who require the information in order to perform their obligations in terms of this agreement. This includes disclosing a customer’s information to third parties for the purposes of background and credit checks prior to authorizing orders.

By visiting, browsing and using www.niaandfar.com, the customer consents to Nia & Far’s use of Cookies, and when a customer places an order, they are agreeing that they are over the age of 18 and have authorization to use the payment method they submit to Nia & Far.

Submission of any private details by a customer is confirming that the customer has done so with the understanding they have read, understood and consented to these Terms and Conditions in full.

The customer gives consent to Nia & Far to store any personal information provided by the customer. Should a customer wish to repeal this, the customer should do so by providing a written request and sending it to info@niaandfar.com.

Any card and/or payment details saved by the customer will never be shared with third parties unless for the purposes of a credit check.

Any telephone calls made to Nia & Far may be recorded for quality purposes, record keeping and training. By telephoning Nia & Far, the customer consents to the storing and use of this information by Nia & Far.

The Nia & Far website uses Cookies as a device to measure and analyze visits to the website and customer behavior. This is done to continually improve the customer’s shopping experience, to monitor the realization of sales and marketing tools and devices, to remember the customer’s preferences for when they return to the website, and for targeted advertising relevant to the customer. By using the website, the customer consents to the website’s use of Cookies. Any customer can control Cookies by visiting www.AboutCookies.org at their own discretion. When a customer alters or deletes Cookies, the customer is liable for any lost information.

All marketing and newsletter functions on the Nia & Far’s website offer opt-out or unsubscribe functions that the customer is free to utilize at their own discretion should they wish to do so.

Nia & Far reserves the right to share the customer’s private information, both within the Nia & Far company and to third parties, for the purposes of processing, managing and delivering an order, tracking an order, refunding or returning or exchanging an order, following up on an order, for fraud, background and credit checks, when there is a legal obligation to do so, to collect website traffic and sales information and forecast trends, and for marketing and demographic studies conducted all for internal purposes.

Nia & Far will never sell the customer’s personal information to any third party marketing agencies or companies.

Breach
Nia & Far reserves the right to cancel or terminate any contract concluded between itself and another party which contract is subject to these terms and conditions for any reason shall be without prejudice to any commitment by either party to the other which shall have accumulated and become owing at the time of the cancellation or termination

If the customer breaches the Terms and Conditions set out and Nia & Far chooses not to take action against the customer, Nia & Far is still entitled to use their rights and remedies in any other situation that may arise where the customer may breach the Terms and Conditions.

Legal Costs
In the event that Nia & Far takes legal action against any customer and Nia & Far is required to instruct a firm of attorneys to apply such legal action the customer shall be liable for the payment of all legal costs incurred by Nia & Far in starting such legal action.

Complaints
All complaints can be directed via email to info@niaandfar.com

Applicable Law
The terms and conditions pertaining to any products or services appearing on this website shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Ordering any of the products or services offered on this website or pages will constitute the users 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 the terms and conditions pertaining to this Site or such merchandises or service

Domicilium
The customer chooses his/her domicilium citandi et execut andi at the shipping or delivery address as reflected in any invoice, failing which any other physical address of the customer provided by the customer.

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