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Disclaimer/lLegal

OVERVIEW
This website is operated by NDANAKA. Throughout the site, the terms “we”, “us” and “our” refer to NDANAKA. NDANAKA offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
MODIFICATIONS TO THE PRODUCTS AND PRICES
  • Prices for our products are subject to change without notice.
  • We reserve the right at any time to modify or discontinue the Products (or any part or content thereof) without notice at any time.
  • We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Products.

 

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party

 

DELIVERY

NDANAKA makes use of a third party courier service and therefore does not accept nor take any responsibility for the following:

  • Delays in delivery once an order has been dispatched to the third party courier service;
  • Delays owing to incomplete information provided by customers
  • Orders delivered to incorrect or incomplete shipping addresses provided by customers;
  • Deliveries received at the shipping address by persons other than the purchaser.

 

IMPORTANT MEDICAL DISCLAIMER

It is important to note that NDANAKA products should not be used as a substitute for medical care, as self-medication nor to treat any form of health condition. You should always consult with a professional  doctor or medical provider before changing any health or beauty practices, particularly if you suffer from any pre-existing health conditions.

Special precaution must be taken in the case of women who are pregnant or breastfeeding, as certain NDANAKA products contain essential herbs and oils whose safety for use has not been established in these individuals.

NDANAKA Skincare is not responsible for any individual adverse reaction due to the use of its products. The use of our products is solely at the end user's risk.

We trust that you will use our products safely and responsibly.

 

LEGAL

LEGAL DISCLAIMER

PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY before using the NDANAKA E-STORE (the “E-Store”). The following are the terms of the agreement between Nakai Ashton (Pty) Ltd (“NDANAKA”) and the Buyer (“Buyer”) of any products through NDANAKA’ website (the “Site”). Buyer is requested to review these terms carefully before ordering:

INTRODUCTION

Buyer agrees to the terms and conditions outlined in this Online Contract (“Contract”) with respect to the goods and information provided by or through the E-Store. This Contract constitutes the entire and only agreement between NDANAKA and Buyer, and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the goods and information provided by or through the E-Store, and the subject matter of this Contract. Buyer agrees to review this Contract prior to purchasing anything and purchase of a good shall be deemed acceptance of this Contract.

SETUP AND PAYMENT

Buyer represents and warrants that (i) the credit card information supplied is true, correct and complete and (ii) charges incurred by the Buyer will be honoured by the Buyer’s credit card company and (iii) Buyer shall pay charges incurred by Buyer at the amounts in effect at the time incurred, including all applicable taxes. Buyer shall be responsible for all charges incurred through use of Buyer’s password. Buyer agrees to keep his or her password confidential and to notify NDANAKA within 24 hours of any breach of this Contract or unauthorized use of the password. NDANAKA does not protect Buyer from unauthorized use of Buyer’s password.

COPYRIGHT

The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to the E-Store are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights, and, the copying, redistribution, use or publication by a Buyer of any such content or any part of the E-Store is prohibited.

EDITING, DELETING, AND MODIFICATION

NDANAKA reserves the right in its sole discretion to remove any goods for sale from the E-Store. Upon notice published over the E-Store, NDANAKA may modify this Contract, or prices, and may discontinue or revise any or all aspects of the E-Store in its sole discretion and without prior notice. Modification of this Contract will be deemed effective upon publication on the E-Store with respect to transactions occurring after said date.

RIGHT TO REFUSE

NDANAKA reserves the right in its sole discretion to refuse service at any time. Sale of any goods is subject to availability.

INDEMNIFICATION

Buyer agrees to indemnify, defend and hold NDANAKA and its affiliates, licensors and suppliers harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to a Buyer’s violation of this Contract or use of the E-Store.

 

NON-TRANSFERABLE

Buyer’s right to use the E-Store is not transferable and is subject to any limits established by NDANAKA or by Buyer’s credit card company.

 

DISCLAIMER

The goods offered through the e-store are provided “as available,” and all warranties, express or implied, are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose). The sole and entire maximum liability of NDANAKA, for any reason, and buyer’s sole and exclusive remedy for any cause whatsoever, shall be limited to the amount paid by the buyer for the particular items purchased. NDANAKA and any of its affiliates, dealers or suppliers are not liable for any indirect, special, incidental, or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. The limitations of damages set forth above are fundamental elements of the basis of the bargain between NDANAKA and buyer. This e-store and goods would not be provided without such limitations.

 

ORDER CONFIRMATION & SHIPPING

After Buyer’s order has been submitted, a page will be displayed confirming that the order was received. An email confirming receipt of the order will also be sent to Buyer shortly after the order is submitted. If an order confirmation does not arrive within 24 hours after submission, Buyer shall contact NDANAKA Online Customer Service via email at sales@ndanaka.com for assistance.

NDANAKA orders are shipped on business days (Monday through Friday 8:30-17:30, excluding major holidays). All orders are subject to authorization. Only authorized orders will be processed and shipped.

If an order was not shipped, was incorrectly shipped, is missing a product or contains a damaged or defective item, Buyer shall contact NDANAKA Online Customer Service via email at sales@ndanaka.com.

 

DEFECTIVE PRODUCTS

If a product purchased is defective, Buyer shall contact NDANAKA Online Customer via email at sales@ndanaka.com, within 14 days of receipt. In order to process its request, Buyer shall provide a detailed description of the defect and a proof of purchase.

 

IMPORTANT: Unfortunately, NDANAKA does not accept any returns. If deemed appropriate at NDANAKA's own discretion, an online credit in the amount of the total purchase will be issued for defective products.

Please note: This section only applies to products purchased on the E-Store. Products purchased on the E-Store cannot be returned to a NDANAKA distributor.

 

GOVERNING LAWS

This Agreement is governed by the substantive laws of the Republic of South Africa and the Consumer Protection Act No 68 of 2008, Electronic Communications and Transactions Act No. 25 of 2002, The Counterfeit Goods Act No. 37 of 1997, The Merchandise Marks Act, Intellectual Property Law Amendment Act no. 38 of 1997 and the Intellectual Property Laws Rationalisation Act No. 96 of 1996.

Any cause of action of Buyer with respect to the E-Store must be instituted within 3 months after any purchase or be forever waived and barred. All actions shall be subject to the limitations set forth in the above Disclaimer. The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against any party.

 

LITIGATION

All legal proceedings arising out of or in connection with this Contract shall be brought solely in the Republic of South Africa and Buyer and Buyer consents to extra-territorial service of process. Should any part of this Contract be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the E-Store or NDANAKA is in conflict or inconsistent with this Contract, this Contract shall take precedence. Failure of NDANAKA to enforce any provision of this Contract shall not be deemed a waiver of such provision nor of the right to enforce such provision.

 

ACKNOWLEDGMENT

This Agreement represents the entire understanding between Buyer and NDANAKA regarding its use of the E-Store and supersedes any prior statements or representations.

ORDER LIMITS

Products ordered online are not for resale. As such, NDANAKA reserves the right to limit order quantities per item and the total value of products ordered per day and per month.

 

SECURITY ONLINE

Credit card information entered on the E-Store is secure and safe using a VeriSign SSL Certificate. All orders placed on the E-Store are encrypted, thereby protecting any credit card information that is submitted at the time of the order. By using the most advanced consumer online security technique to date, NDANAKA can insure that all orders are placed safely and securely. As such, NDANAKA is not liable for any direct or indirect damages related to credit card fraud or theft.

 

INTERNATIONAL ORDERS

All orders will be processed in the United Kingdom. However, orders from South Africa will be completed by Beauty on Tapp.

 

CUSTOMER SERVICE

For any questions on how to order or the status of an order, please contact NDANAKA Online Customer Service via email at sales@ndanaka for assistance.