Terms & Conditions
The NiceHair website at www.nicehair.co.za is a Sole Trader business in the Beauty and Hair Salon industry that markets hair extensions and accessories including unprocessed, 100% virgin human hair. Products sold include wigs and weaves – Brazilian hair, Indian hair, Peruvian hair, Malaysian hair, Mongolian hair and Cambodian hair. Our goal at NiceHair is to supply South African women with superior quality hair extensions and wigs at affordable prices. We are based in Johannesburg but deliver anywhere in South Africa.
SPECIFIC TERMS AND CONDITIONS
These Terms apply to your use of this website. By using this website, you acknowledge that you have read and understood these Terms and agree to be bound by them. They represent our entire agreement with you and supersede all prior terms, conditions, warranties and/or representations to the extent permitted by law. Please do not use our website if you do not agree to be bound by these Terms.
APPLICABLE LAW AND COUNTRY OF DOMICILE
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Republic of South Africa. NiceHair chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, to be 3 Crawford Drive, Douglasdale, SANDTON 2191, Johannesburg, South Africa.
USE OF OUR WEBSITE
Any indulgence of extension of time granted to you shall not be construed as a waiver or variation of any of our rights or remedies in these Terms or law.
Our website makes use of ‘cookies’ which collect data about the device that you use to access our website. The cookies minimize the possibility of unauthorized access to, and disclosure of, your personal information. We will not disclose, sell or rent your personal information to third parties without your consent unless we are compelled to do so by law.
Whilst all reasonable efforts are taken to ensure that your personal information and/or credit card details are protected as they travel over the internet, we cannot guarantee the absolute security of any information you exchange with us. You may visit the website without providing any personal information. The website server will in such instances collect the IP address of your computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the website, pages viewed, etc. NiceHair uses this information to determine the use of the website, and to improve the content thereon. All online payments will be authorized by our Payment Gateway. The transport of all data is transmitted by SSL with 256-bit encryption. Any credit card would be asked for 3D secure enrolment if not already enrolled with the issuer to process transactions with authentication from the cardholder issuing bank. No card entry would be possible on the NiceHair web shopping cart as all card traffic will be securely posted to the payment pages.
No credit card data will be stored. No unauthorized access to the payment pages site will be permitted. Only NiceHair as a known entity will be allowed to direct encrypted payloads to the Payment pages.
ACCURACY OF WEBSITE CONTENT
All reasonable steps are taken to ensure that the information on our website is accurate and up-to-date. We do not, however, warrant that the content or information displayed is always accurate, complete and/or current. Any comments uploaded by our users or any authorised experts invited as our guests are their opinions alone and do not in any way represent our views, opinions, beliefs or values.
The colour of the hair can look different from indoor to outdoor, and different cameras can also display colours differently. We recommend that you come through to view them.
Please note that although Super Hair endeavours to accurately describe and/or depict each product on the website, some descriptions or photographs may be of a generic nature.
YOUR COMMENTS AND REVIEWS
We value your comments, ideas, suggestions and feedback through our website. We will not compensate you in any way whatsoever for your Comments. Once received, your Comments will become our property and we will not be limited in any way in the use, commercial or otherwise, of any of your Comments. You warrant that your Comments do not and will not violate the right(s) of any third party, including copyright, trademark, privacy or any other personal or proprietary right. You agree not to disclose, submit or offer any Comments that are or contain any defamatory, unlawful, abusive or obscene material. We disclaim any liability towards any third party regarding your Comments and you shall remain accountable towards any third party regarding any harm caused by your Comments.
All rights, including copyright, trade mark and other intellectual property rights embodied in any logos, text, images, video, audio or other material on this website are owned by or licensed to us. All data and information communicated to or from the website including its database also belongs solely to us or our licensors. You agree to sign all documents as we may reasonably require in order to assign any rights that you may acquire in the content of our website. You agree also to waive any moral rights in such content. You are permitted to view, print or store electronically a copy of any information on our website, including these Terms, solely for your personal, lawful, non-commercial use. Unauthorised use, reproduction, modification and/or distribution is strictly prohibited and constitutes an unlawful infringement of our intellectual property rights.
USE OF OUR LOGOS, CONTENT AND IMAGES
You are not permitted to use the content of our website, our logos or any product or other images that appear on our website without our prior written consent. Unauthorised use, reproduction, modification and/or distribution is strictly prohibited and constitutes an infringement of our or our licensors’ intellectual property rights. All images with models diplayed on our website are for illustration purposes only.
Advertising and other promotional material of third parties may appear on our website from time to time. We do not endorse such third parties or their products and/or services. Your reliance on any information contained in such material is entirely at your own risk.
DISCLAIMERS AND EXCLUSIONS OF LIABILITY
Use of our website is entirely at your own risk. We make no representations or warranties of any kind, whether express or implied. We do not warrant that the functions provided by the website will be uninterrupted or error free, or that the website or the server that makes it available are free from viruses or other harmful components. We accept no liability, to the extent permitted by law, for any direct, indirect, incidental, special or consequential loss or damage of any kind whatsoever or howsoever caused arising from the access or use of our website or the purchase of any of our products or services. You agree, to the extent permitted by law, to indemnify us against any loss or damage suffered or liability incurred by reason of any act or omission on your part or that of any third party acting on your behalf in connection with your use of our website and/or your purchase of any products or services. In the event that any clause contained in these Terms is invalid or unenforceable, then such clause shall not affect the validity or enforceability insofar as the remaining clauses of these Terms are concerned. We shall not be regarded as having waived, or be precluded from exercising any right under these Terms by reason merely that we have provided any indulgence to you or we fail to exercise or delay exercising any right we may have, whether the same right or any other right.
ONLINE SHOPPING TERMS
These online shopping terms and conditions apply to all purchases ordered online at www.nicehair.co.za. Please read them carefully and print a copy for future reference.
You are required to register with us once you have placed your first order online. Please click on Register to complete the registration form. Registration and/or use of our online shopping website constitute your acceptance and agreement to be bound by the Terms of our website, including the additional online shopping terms below.
To register you will be required to provide certain information including personal details and your delivery address. When registering, you will be required to choose a UserID and a password. Please keep your password private. NiceHair accepts no liability for any damages suffered or losses incurred from the use or misuse of your password. You will be required to enter your user ID and password each time you visit our online shopping site.
All products displayed on our website are subject to availability and will be delivered only within the Republic of South Africa. All prices shown on our website are quoted in South African Rands and are valid and effective only in the Republic of South Africa. We reserve the right to discontinue or change the specifications of our products and services from time to time without notice. We will inform you as soon as possible if any products or services ordered by you are not available. NiceHair reserves the right to limit the quantity of any item offered for sale.
Lead time is dependent on stock availability. Should we have stock available, orders will be dispatched the same day provided payment is validated/received before 1400 hours.
Should the product not be in stock please allow 2 to 5 weeks including freight transit time. This will allow for manufacturing and delivery to our warehouse. Every effort is made to effect shipment of your order timeously however unforeseen circumstances may cause delays. Should we be faced with such an noccurrence Super Hair will contact you via email and provide a revised shipping schedule.
The offering on this website is available to South African clients only.
We regret that no order will be accepted if we identify a material error in the description of any of our goods or services or their prices on our website. Packaging may vary from that shown on our website.
Special promotions may be subject to certain conditions, including stock availability and limited offer stipulations.
PAYMENT OPTIONS ACCEPTED
Payment may be made via Visa or Master Card credit cards or by bank transfer into the NiceHair bank account, the details of which will be provided on request. We also accept ETF payments. Payment will be effected on acceptance of your order and prior to delivery. By submitting your order, Identity Number and payment card details you warrant that you are over the age of 18 (eighteen), are authorised to make payment with the payment card and that there are sufficient funds available to pay for the order.
CARD ACQUIRING AND SECURITY
(a). Card transactions will be acquired for NiceHair via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. PayGate 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.paygate.co.za to view their security certificate and security policy.
(b). Customer details separate from card details
Customer details will be stored by NiceHair separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za.
(c). 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).
We cannot always guarantee availability of stock.
If we are unable to supply each and every item ordered or in the quantities ordered, you nevertheless agree to accept delivery and make payment for the items that are correctly delivered.
CONFIRMATION OF ORDERS
Orders placed online constitute your offer to purchase subject to these Terms. Your offer is deemed to have been accepted by us when you receive our confirmation of your order. Failure by us to formally confirm or notify acceptance shall not affect the validity of the sale or the enforceability thereof.
NiceHair takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer services and support, dispute resolution and delivery of goods.
Subject to availability and receipt of payment, requests will be processed within 2-5 days and delivery confirmed via email with details of your parcel tracking information (name of courier company, tracking number, online tracking link, etc).
Our courier service has branches nationally, and regards the following, and their immediate surroundings as Main City Centres.
Johannesburg, Polokwane, Rustenburg, Bloemfontein, Kimberley, Stellenbosch, East London, Pietermaritzburg,
Cape Town (Paarl, Strand, Firgrove, Melkbostrand, Somerset West, Wellington, Gordonsbay, Velddrift),
George (Sedgefield, Knysna, Plettenberg Bay, Great Brak River, Klein Brak River, Mosselbay, Oudsthoorn, Danabay, Buffels Bay, Rheebokstrand, Hartenbos, Wilderness, Keurboomstrand, Tergniet, Brenton on Sea, Kranshoek, Victoria Bay, Gentana),
Port Elizabeth (Motherwell, Kwanobuhle, Bethelsdorp, Kwadwesi, Arcadia, Booysens Park, Cleary Estate, St Albans, Colleen Glen, Seaview, Elands River, Uitenhage, Perseverance, Despatch),
Durban (Isithebe, Mandeni),
Vaal Triangle (Kragbron, De Deur, Randvaal, Klipriver, Walkerville),
Nelspruit (Witbank, Malelane, Kaap Muiden, Hectorspruit).
Our door to door courier service delivers from Monday to Friday, between 07:30 and 17:30. On delivery please ensure that all is in order with your parcel before signing for receipt. Any damage that occurs during transport is covered by insurance.
For any orders based in Main City Centers (South Africa only) delivery of your order will take approximately 1-2 days. For all areas where our courier company does not have a branch, a door to door delivery can not be serviced. In this case you will be notified and a counter to counter delivery will be activated through The South African Postal Services. Delivery time approximately 2-5 days.
No deliveries will be made on weekends and public holidays.
For verification purposes, the person accepting delivery at the delivery address may be required to produce a form of identification. Any person other than yourself who receives the products at the delivery address is presumed to be authorized to accept delivery on your behalf. Should no-one be in attendance at the time of delivery, the driver will keep the products and leave a notice at the delivery address to this effect. The delivery service will attempt to contact you in order to arrange for an alternate delivery time. After 3 failed attempts to deliver we reserve the right to charge an additional delivery fee should it be required. We are not responsible for late shipments due to inclement weather, holidays, natural disasters, or carrier delays. Please arrange that you or your authorized representative is available to accept your purchases at the delivery address and that appropriate access will be made available. On delivery, we will require you or your authorised representative to sign and print your or their name on a duplicate copy of the delivery note, to confirm receipt.
We have outsourced all delivery and collection arrangements. Accordingly, we cannot, to the extent permitted by law, be liable for any damage suffered or loss incurred by reason of any acts or omissions of the deliverer, its directors, employees, sub-contractors, agents, representatives and/or affiliates.
RETURNS AND EXCHANGE POLICY
If for any reason you are not 100% satisfied with any of our range of products, you are entitled for a monetary refund or exchange of product. We do not guarantee that your product will be automatically replaced or exchanged. The decision is solely at the discretion of NiceHair having investigated and inspected the condition of the item returned.
Please note that a delivery fee of R100 will be deducted from the purchase price for all refunds. When exchanging your purchase all additional shipping costs will be on your expense, unless product is damaged.
We will not accept any returns/exchanges of any products which have been tampered and hair care products due to hygiene and sanitary considerations. See Exchange & Refunds.
If for any reason you would like to cancel an order you may contact our Customer Services Team on email@example.com. While any cancellation of orders will be accepted at our sole and absolute discretion and we provide no warranty that any cancellation of any order will be accepted, any cancellation which we do accept will only be accepted in the event that you notify us of your intention to cancel prior to dispatch of the order in question. We reserve the right to debit your payment card for the delivery fees in respect of any cancellations. If you cancel your payment for any reason or if your payment card should cease to be valid for whatever reason, you will nevertheless be bound to pay to the full purchase price, including all costs incurred by us relating to the recovery thereof. Without prejudice to any other rights or remedies in law, we reserve the right to cancel forthwith any sale and/or your registration in the event of your breach any of the Terms.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall NiceHair, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or 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, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless NiceHair and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
CHANGE IN TERMS
We may periodically update or change the Terms of this website without giving you prior notice. You should check them regularly, as your continued use of our website means that you accept any updated or revised Terms.
NICEHAIR CONTACT DETAILS
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org. For telephonic support, please call: 011-465-3622.
NiceHair reserves the right to amend any information, including but not limited to prices, technical specifications, terms of purchase and product offerings without prior notice. At the event of when a product is sold out, NiceHair has the right to cancel the order and refund any amount paid in the best way. NiceHair shall also notify the customer of equivalent replacement products if available.
These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.