Terms and Conditions of:
Sagacity Group (Pty) Ltd (including its subsidiaries, associates and officers)
Registration number: 2012/170934/07
15 Kanonberg Street,
De Bron, 7530,
Cape Town, South Africa,
trading as Percy Nobleman South Africa on the website percynobleman.co.za (“the webite”) and its related mobi-sites and software applications.
Information about us.
This website is managed by Sagacity Group (Pty) Ltd, distributor and agent of Percy Nobleman in Southern Africa as authorised by F&M Cosmetics LTD, a company registered in England and Wales with their registered office and main trading address at 74 Stanwell Road Penarth Vale of Glamorgan CF64 3LQ United Kingdom.
To contact us, please see our Contact via e-mail at: firstname.lastname@example.org
The images of the Products on our sites are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images. Although we have made every effort to be as accurate as possible, because our Products are mainly handmade, all sizes, weights, capacities, dimensions and measurements indicated on our site have a 3% tolerance. The packaging of the Products may vary from that shown on images on our sites. All Products shown on our sites are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.
Use of our sites.
Your use of our sites is governed by our Terms of Websites Use and Websites Acceptable Use Policy. Please take the time to read these, as they include important terms which apply to you.
How we use your personal information
Website Terms and Conditions
1.1. These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of the Website.
1.2. These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers (“registered user”) by using the “Register”/”Sign up” buttons on the Website. As may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
1.3. The Website enables you to shop online for an extensive range of goods and products including but not limited to apparel, appliances, accessories, grooming essentials, gadgetry and perishable products. (“Goods”).
1.3.1 These Goods are manufactured, imported, distributed and supplied by third party suppliers (“Suppliers”) and all guarantees, warrantees, exchanges, returns, refunds and repairs are subject to the Terms & Conditions of each of the respective suppliers and must be taken up with them directly. However, we will within reason liaise with such suppliers on your behalf to facilitate the return, refund, repair or exchange of your goods.
2. Important Notices
2.1. These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
2.2. These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –
2.2.1. may limit the risk or liability of Percy Nobleman South Africa; and/or
2.2.2. may create risk or liability for the user; and/or
2.2.3. may compel the user to indemnify Percy Nobleman South Africa; and/or
2.2.4. serves as an acknowledgement, by the user, of a fact.
2.3. Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
2.4. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Percy Nobleman South Africa to explain it to you before you accept the Terms and Conditions or continue using the Website.
2.5. Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Percy Nobleman South Africa in terms of the CPA.
2.6. Percy Nobleman South Africa permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.
3. Shipping & Returns and Privacy Policies
4. Registration and use of the Website
4.1. Only registered users may order Goods on the Website. To register as a user, you must provide a unique username or email address and password and provide relevant information as well as personal details to Percy Nobleman South Africa. You will need to use your unique username and password to access the Website in order to purchase Goods. You agree and warrant that your username and password shall be used for personal use only; and not be disclosed by you to any third party. For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.
4.2. You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.
4.3. You agree to notify Percy Nobleman South Africa immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
4.4. By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
4.5. You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Company representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
4.6. You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
4.7. You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised Company representative.
5. Conclusion of Sales and availability of stock
5.1. Registered users may place orders for Goods, which Percy Nobleman South Africa may accept or reject. Whether or not Percy Nobleman South Africa accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorisation by Percy Nobleman South Africa for the Goods.
5.2. NOTE: Percy Nobleman South Africa will indicate the acceptance of your order by delivering the Goods to you, and only at that point will an agreement of sale between you and Percy Nobleman South Africa come into effect (the “Sale”). This is regardless of any communication from Percy Nobleman South Africa stating that your order or payment has been confirmed. Percy Nobleman South Africa will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
5.3. Prior to delivery of the Goods, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery of the Goods, you may cancel the Sale only in accordance with the Returns Policy.
5.4. Placing Goods in a shopping basket without completing the purchase cycle does not constitute an order for such Goods, and as such, Goods may be removed from the shopping basket if stock is no longer available. You cannot hold Percy Nobleman South Africa liable if such Goods are not available when you complete or attempt to complete the purchase cycle at a later stage.
5.5. You acknowledge that stock of all Goods on offer is limited. In the case of Goods for sale by Percy Nobleman South Africa, Percy Nobleman South Africa will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Goods are no longer available after placing an order, Percy Nobleman South Africa will notify you and you will be entitled to a refund of the amount paid by you for such Goods.
6.1. All payments are processed via reliable third part payment gateways and no credit card, debit card or banking details are stored on the website. We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
6.2. Payment can be made for Goods via –
6.2.1. Credit card, Debit Card or Instant EFT via Payfast;
6.2.2. Snapscan via the Snapscan Mobile Application on your smartphone;
6.2.3. Store credit, valid coupons and discount vouchers issued by Percy Nobleman South Africa. Vouchers do not accrue interest and are not refundable for cash once purchased. If your Voucher of Coupon value is insufficient for the order you wish to place, you may make up the difference by paying via one of our other payment methods.
6.2.4. Unless otherwise stated, Vouchers & Coupons can only be used once, with promotional offers on the Website and only one Voucher or Coupon can be used per person.
6.3. The above payment options are explained in more detail in our Frequently Asked Questions (“FAQ”) page on the website.
6.4. You may contact us via email at email@example.com to for record of your payment. We will also send you email communications about your order and payment or contact you via telephone where necessary.
6.5. Once you have selected your payment method and you accept these Terms and Conditions, you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.
7. Errors & Omissions
We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors or omissions of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy.
IMPORTANT LEGAL NOTICE
ATTENTION: This legal notice applies to the entire contents of the Website www.percynobleman.co.za and to any correspondence by e-mail between us and you. Please read these terms carefully before using the Website. Using the Website indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms, do not use the Website. This notice is issued by Sagacity Group (Pty) Ltd (Company).
You may access most areas of the Website without registering your details with us. Certain areas of the Website are only open to you if you register. By accessing any part of the Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave the Website immediately. The Company may revise this legal notice at any time by updating this posting. You should check the Website from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at the Website.
You are permitted to print and download extracts from the Website for your own use on the following basis: no documents or related graphics on the Website are modified in any way; no graphics on the Website are used separately from the corresponding text; and the Company’s copyright and trade mark notices and this permission notice appear in all copies. Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation photographs and graphical images) are owned by the Company or its licensors. For the purposes of this legal notice, any use of extracts from the Website other than in accordance with clause 2.1 for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website. Subject to clause 2.1, no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company’s prior written permission. Any rights not expressly granted in these terms are reserved.
While the Company endeavours to ensure that the Website is normally available 24 hours a day, the Company shall not be liable if for any reason the Website is unavailable at any time or for any period. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company’s control.
Visitor material and conduct
Links to and from other websites
Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. The Company has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. The Company therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk. If you would like to link to the Website, you may only do so on the basis that you link to, but do not replicate, the home page of the Website, and subject to the following conditions: you do not remove, distort or otherwise alter the size or appearance of the Percy Nobleman logo or the logos of any of the other trading names of Sagacity Group (Pty) ltd or F&M Cosmetics Ltd; you do not create a frame or any other browser or border environment around the Website; you do not in any way imply that the Company is endorsing any products or services other than its own; you do not misrepresent your relationship with the Company nor present any other false information about the Company; you do not otherwise use any Percy Nobleman marks or the trade marks of any of the other trading names of F & M Cosmetics Limited displayed on the Website without express written permission from the Company; you do not link from a website that is not owned by you; and your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations. The Company expressly reserves the right to revoke the right granted in clause 5.2 for breach of these terms and to take any action it deems appropriate. You shall fully indemnify the Company for any loss or damage suffered by the Company or any of its group companies for breach of clause 5.2.
Each registration is for a single user only. The Company does not permit you to share your user name and password with any other person nor with multiple users on a network. Responsibility for the security of any passwords issued rests with you.
While the Company endeavours to ensure that the information on the Website is correct, the Company does not warrant the accuracy and completeness of the material on the Website. The Company may make changes to the material on the Website, or to the products and prices described in it, at any time without notice. The material on the Website may be out of date, and the Company makes no commitment to update such material. The material on the Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with the Website on the basis that the Company excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill).
The Company, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of the Company’s group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website. Nothing in this legal notice shall exclude or limit the Company’s liability for: death or personal injury caused by negligence as such term is defined by the Unfair Contract Terms Act 1977; or fraud; or misrepresentation as to a fundamental matter; or any liability which cannot be excluded or limited under applicable law. If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
Websites Acceptable Use Policy.
This acceptable use policy sets out the terms between you and us under which you may access our website www.percynobleman.co.za This acceptable use policy applies to all users of, and visitors to, our sites.
Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms of website.
You may use our site only for lawful purposes. You may not use our site: In any way that breaches any applicable local, national or international law or regulation. In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect. For the purpose of harming or attempting to harm minors in any way. To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards set out below. To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam). To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree: Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website. Not to access without authority, interfere with, damage or disrupt: any part of our site; any equipment or network on which our site is stored; any software used in the provision of our site; or any equipment or network or software owned or used by any third party.
We may from time to time provide interactive services on our site, including, without limitation: Chat rooms. Bulletin boards. (interactive services).
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
Contributions must: Be accurate (where they state facts). Be genuinely held (where they state opinions). Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not: Contain any material which is defamatory of any person. Contain any material which is obscene, offensive, hateful or inflammatory. Promote sexually explicit material. Promote violence. Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age. Infringe any copyright, database right or trade mark of any other person. Be likely to deceive any person. Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence. Promote any illegal activity. Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety. Be likely to harass, upset, embarrass, alarm or annoy any other person. Be used to impersonate any person, or to misrepresent your identity or affiliation with any person. Give the impression that they emanate from us, if this is not the case. Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Suspension and termination
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
Changes to the acceptable use policy
We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.
Our Privacy & Security Policy
Our pledge to you, our customer
Sagacity Group (Pty) Ltd respects your privacy. Our Internet site is designed to be of service to you. In order to provide you with the best products, timely information and quality customer service, we record a variety of information from your visit to our site. To better protect your privacy, we provide this notice explaining our on-line information practices and the choices you can make about the way your information is collected and used.
Your personal information: what we collect and how we use it
First, we use this information to fulfil your order and to communicate with you about your order. In fulfilling your order, we share your personal information with outside parties to the extent necessary to fulfil your order.
Your first purchase from Percy Nobleman South Africa – We use the information you provide to: Automatically place you on our e-mail newsletter list to receive e-mail newsletters of new products and sale items, unless you decide to unsubscribe at time of registration. Subsequent purchases: – If you have purchased products from Percy Nobleman South Africa before, unless you click the link to edit your subscription profile at the time your order is confirmed, your subscription status will remain unchanged. Whether you are making a first purchase or any subsequent purchase, if you later decide that you want to be removed from a list, simply follow the instructions in the section “Unsubscribing” below. When you subscribe to our e-mail newsletters, we collect your e-mail address so that we can send you our e-mail newsletters with, special offers and updates about products and services. You can unsubscribe from our e-mail newsletters at any time by clicking the unsubscribe link at the bottom of any electronic newsletter that you receive from us. Upon completing your purchase, we may present other offers via e-mail newsletters.
At any time you can unsubscribe to our newsletter/mailing list sending an email to firstname.lastname@example.org with the word REMOVE in the subject line.
Requests to be unsubscribed will be processed immediately. However you may receive additional newsletters for up to one week. Delays may occur if the e-mail address or postal address information you provide does not match the information in our database.
Links to/from Other Sites
To enhance your shopping experience, Percy Nobleman South Africa may have links to other sites on the Internet that are owned by third party vendors and other third parties (external sites), or you may come to Percy Nobleman South Africa from a link from an external site. These other web sites will have their own rules on privacy that you should review. Percy Nobleman South Africa is not responsible for the privacy policies of external sites.
Cookies are small text files by web servers to web browsers, and stored by the web browsers. The information is sent back to the server each time you view a page on the website and it allows a web site to identify and track its visitors.
Cookies on our website.
We uses the following cookies on this website, for the following purposes: oscSid – This cookie is used by this website to identify you as a user between page loads. This allows this website to remember certain settings, like the contents of your shopping cart. This cookie is destroyed each time you close your browser.
Other third party cookies
When you use this website, you may also be sent the following third party cookies, which may be used for the following purposes: utma, utmb, utmc, and utmz – Google Analytics gathers anonymous data regarding visitors to this website, how many pages you view and how long you stay on the website. We use this information to improve the service we can offer you.
You can opt out of this service on all websites using this Google tool by visitinghttps://tools.google.com/dlpage/gaoptout di, dt, loc, uid, psc, uvc, atuvc and uid – Addthis.com allows users to share pages easily with their social network. It also remembers your preferences of which services you like to share through (ie Twitter, Facebook etc). They do not allow access to any of your information stored on Social Networks.
You can opt out of this service on all websites using this AddThis too by visiting https://www.addthis.com/privacy/opt-out datr, lu, locale, x-src– These cookies are set by Facebook and allow you to comment on our site from your Facebook account. No personal information is gathered from your Facebook account.
You may disable cookies on our website but it may result in you not being able to complete your purchase.For Microsoft Internet Explorer: Choose the menu “tools” then “Internet Options” Click on the “privacy” tab Select the setting the appropriate setting.
For Mozilla firefox: Choose the menu “tools” then “Options” Click on the icon “privacy” Find the menu “cookie” and select the relevant options
For Opera 6.0 and further: Choose the menu “Files”> “Preferences” Privacy Our Commitment to Data Security
To prevent unauthorised access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic and managerial procedures to safeguard and secure the information we collect online.
Notice of Changes