Terms & Conditions

Terms & Conditions

These Terms & Conditions (“the Terms & Conditions”) govern your (“the User’s”) use of the NeoVita, a subsidiary of Aurora Pharma  (“the Provider’s”) website located at the domain name https://neovita.co.za (“the Website”) and/or any of the products which the Provider sells and/or renders to the public (“the Products”). By accessing and using the Website and/or any of the Products which the Provider sells and/or renders to the public, the User agrees to be bound by the Terms & Conditions set out herein. The User may not access, display, use, download, and/or otherwise copy or distribute the content obtained on the website (the Content”) for marketing and/or other purposes, without written consent from the Provider. Users must be 18 (eighteen) years or older to visit the website and/or purchase any Products.

Communication and Notices

All notices required or permitted to be given under the Terms & Conditions will be in writing and delivered by email. If the User intends to give notice to the Provider, the User must email howsit@neovita.co.za. All email communication sent by the User to the Provider must make use of the “read receipt” function to serve as proof that an email has been received by the Provider. If the Provider gives notice to the User, the Provider will use the email address provided by the User when completing an order on the Website. All emails will be deemed to have been received on the first business day following the dispatch of such email, provided that no “system error” or other notice of non-delivery is generated. If applicable law requires that a given communication be “in writing,” the User agrees that email communication will satisfy this requirement.

E-Commerce & Privacy

The User consents to provide the Provider with the following private information: the User’s First name; last name; date of birth; gender; credit card details, billing address; delivery address; and telephone/mobile number(s). Save for the sharing of information that is necessary to execute orders, such private information will not be sold or made known to any third parties. The User’s Credit card details will not be stored by the Provider under any circumstances. The Provider will not be responsible for security breaches occurring on the User’s electronic device(s) (Personal Computer(s), internet network, external storage device(s)/platforms or any other electronic device(s) used to browse the Website).

Credit Card Acquiring – Payment Gateway

Credit Card Transactions are acquired by Payfast (“Payfast Payments”), a registered systems operator and payment gateway in South Africa. All payments are governed by Payfast’s terms of service and security policy which may be accessed on Payfast’s website: www.payfast.co.za

Delivery of Products

Delivery of any Products purchased on the Website will only take place after the Provider has received payment in full for such Products. The Provider will supply purchased Products to a third party courier of its choosing for the purposes of delivery of purchased Products, in good order and condition. The Provider’s obligation to deliver a product to a User is fulfilled when the Product is delivered to the physical address nominated by the User for delivery of an order. The Provider will not be responsible for any loss or unauthorised use of a Product after the product has been delivered to the physical address nominated by the User.

In certain instances, and should a User elect, Products will be available for collection. Once a collection order for Products has been processed, the User will be notified via email of a collection address and date. All collections must be made within 3 (three) business days from the email notification. Should a User fail to collect an order within (three) business days of receipt of such notification, the Provider reserves its rights to cancel such order and claim any damages it may have suffered from the User.

 

Refund and Return Policy

The provision of Products is subject to availability. In cases of unavailability, the Provider will refund the User in full within 30 (thirty) days of date of order. The Provider reserves the right to cancel an order for which payment has already been received. A cancellation may occur in instances of insufficient stock or if the Provider is not satisfied with the quality of goods ordered. Should the Provider exercise the right to cancel an order/delivery, the User will receive a full refund without any deductions.

In the case of returns of orders by the User, the User will be responsible for actual shipping costs which will be incurred by the Provider and will pay to the Provider such costs prior to the Provider authorising the return of such Products.

 

Updating of these Terms & Conditions

The Provider reserves its rights to change, modify, amend, novate, add or remove (“update”) the Terms & Conditions, or a portion thereof, from time to time. Changes to the Terms & Conditions will become effective upon such changes being posted to this Website. It is the User’s obligation to periodically view the Terms & Conditions at the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be deemed acceptance of the User to abide by and be bound by such change or update at the time of access of the Website.

Copyright and Intellectual Property Rights

The Provider provides the User with certain information on the Website. The Content which is  currently or which is anticipated to be displayed on the Website is provided by Provider, its affiliates and/or subsidiary/ies, or any other third party owners of such Content, and includes, but is not limited, to Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Sound and Television Broadcasts, Program-Carrying Signals, Published Editions and Computer Programs. All such proprietary works, and the compilation of the proprietary works, are copyright of the Provider, its affiliates and/or subsidiary/ies, or any other third-party owner of such rights (“the Owners”), and is protected by South African and international copyright laws. The owner/s of such content reserve the right to make any changes to the Website, Content, Products offered through the Website at any time and without notice to the User. All rights in and to the Content are reserved and retained by the Owners. Except as specified in the Terms & Conditions, the User is not granted a license or any other rights including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights, in or to the Content.

Limitation of liability

The Website is a platform to, inter alia, sell various Products online. The use, consumption and/or storage of any Product or service bought by you, the User, from the Provider, by means of this Website, is solely at the User’s risk and to the exclusion of risk and liability of the Provider. The User indemnifies and holds the Provider harmless against any loss, injury or damages which may be sustained as a result of using, consuming, storing and/or trading the Products. The User acknowledges and understands that the Provider does not warrant that any Products are legal for use, consumption, storage or trade-in the User’s country, province, state, city, town or village of residence. The User indemnifies the Provider against any action, whether legal or otherwise, taken against the User, as a result of the User’s use, consumption, storage, and/or trade of the Products on the Website.

The Website and all Content on the Website, including any current or future offer of Products or services, are provided on an “as is” basis and may include inaccuracies or typographical errors. The Provider makes no warranty or representations as to the availability, accuracy or completeness of the Content. Neither the Provider nor any holding company, affiliate(s) and/or subsidiary of Provider, shall be responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Content or the Website or any functionality thereof, or of any linked website, even if the Provider is expressly advised thereof.

Products and Availability

The stock of all Products is limited and subject to availability. The Provider will make all reasonable attempts to ensure that special offers are brought to an end timeously as stock runs out. Should the Provider not be able to fulfil any order at the advertised price due to stock being sold out, the Provider will inform the User email and the User will be entitled to a full refund for the Rand value paid for the Product.

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