Terms & Conditions

PLEASE READ THE TRADE TERMS AND CONDITIONS CAREFULLY BEFORE ENGAGING ANY FURTHER WITH NURTURE VISION OR USE OF THE NURTURE VISION WEBSITE, OR ANY RELATED LINKS OR WEBSITES. USE OF AND/OR REGISTRATION ON THE WEBSITE WILL CONSTITUTE YOUR AGREEMENT TO COMPLY WITH THESE TRADE TERMS AND CONDITIONS. ACCORDINGLY, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS & CONDITIONS. YOU MUST NOT TRADE WITH NURTURE VISION OR USE THE WEBSITE IF YOU DO NOT AGREE TO THESE TRADE TERMS & CONDITIONS OR ANY ASPECT THEREOF.

The terms “Customer”, “User”, “You” or “Your” applies to any individual or party trading with Nurture Vision and/or using the Nurture Vision website in any capacity.

Website Registration

Information we collect includes both information you knowingly and actively provide us when using or participating in any of our services and promotions, and any information automatically sent by your devices in the course of accessing our products and services.

  1. Registration for an Account is free and does not oblige the Customer to purchase anything, however, you must have successfully registered for an Account to be a Customer, have a username and password before you will be able to transact on the website.
  2. To register for an Account, you will be required to provide Nurture Vision with your information which is protected by our privacy policy.
  3. In registering for an Account you undertake to provide Nurture Vision with complete and accurate information and by so doing, you warrant that the information provided is true and correct.
  4. Transacting on the website includes online transacting and the Customer agrees that transacting on Nurture Vision’s website is entirely at the Customer’s own risk and responsibility.
  5. The Customer agrees that transacting with Nurture Vision on the website is subject to the provisions of paragraph 13 (Electronic Instructions) and all other provisions, waivers and indemnities as set out herein, and all other related policies such as the Refunds Policy, Privacy Policy and the Terms of Use Policy, and the Customer fully understands and accepts that the Customer is bound by the provisions as set out in the Terms and Conditions.

Use of the Website

  1. You agree and warrant to Nurture Vision that;
  2. All information provided by you,
  3. is accurate and not false, misleading, deceptive, or fraudulent;
  4. is given in compliance with all applicable laws, government regulations or guidelines;
  5. is not forged, threatening, offensive or constituting harassment;
  6. does not contain any viruses, worms, Trojan horses or other invidious programs or data whether or not attached to or embedded in other programs or data;
  7. will not defame (libel or slander) another person or transmit misleading or inaccurate information of any kind, whether of a personal or commercial nature.
  8. That you will not bid for or purchase any items from Nurture Vision unless you are able to pay for the purchases;
  9. The purchase of any items from Nurture Vision is absolutely at your own risk;
  10. You will comply to the Terms and Conditions, as well as any and all other relevant Agreements and Policies where applicable.
  11. The Customer agrees that once the correct username and password have been entered to access the Customer’s Account, irrespective of whether the activity is unauthorised or fraudulent, the Customer bears all responsibility and is fully liable for all transactions and activities on the website.
  12. The Customer agrees to notify Nurture Vision immediately upon becoming aware of or reasonably suspect any unauthorised use of the Customer’s Account and to take steps to mitigate any resultant loss or harm.
  13. You may not in any way use any device, software or other instruments 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 devices, or manual process to monitor, copy, distribute or modify the website or the information contained therein.
  14. You may not use the website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
  15. 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 Nurture Vision.
  16. You clearly understand and agree that you bear the full responsibility and carry all risks in respect of the use of whatsoever nature conducted on the website.
  17. You agree that Nurture Vision bears no responsibility and accepts no liability under any circumstances for any damages suffered or losses incurred from the use or misuse of the website.
  18. You are required to report any possible adverse situation, malfunctions or errors on the website, by informing Nurture Vision by email provided on the website.

User & Customer’s Obligations

  1. You agree and warrant to Nurture Vision that;
  2. All information provided by you,
  3. is accurate and not false, misleading, deceptive, or fraudulent;
  4. is given in compliance with all applicable laws, government regulations or guidelines;
  5. is not forged, threatening, offensive or constituting harassment;
  6. does not contain any viruses, worms, Trojan horses or other invidious programs or data whether or not attached to or embedded in other programs or data;
  7. will not defame (libel or slander) another person or transmit misleading or inaccurate information of any kind, whether of a personal or commercial nature.
  8. That you will not bid for or purchase any items from Nurture Vision unless you are able to pay for the purchases;
  9. The purchase of any items from Nurture Vision is absolutely at your own risk;
  10. You will comply to the Terms and Conditions, as well as any and all other relevant Agreements and Policies where applicable.

Orders & Products

  1. You may order items, which Order, Nurture Vision in its sole discretion may accept, reject or amend. Whether or not Nurture Vision accepts an Order depends on;
  2. the availability of items;
  3. the correctness of the information relating to the items (including, without limitation price matters);
  4. receipt of payment or payment authorisation by Nurture Vision for the Order; or
  5. breach of the Terms and Conditions in any way.
  6. Nurture Vision will indicate the rejection of an Order by cancelling it and, where applicable, refunding any amounts paid.
  7. Nurture Vision does not guarantee the availability of stock.
  8. Nurture Vision reserves the right to amend the Order relating to the availability of items and shipping schedules, depending on the prevailing circumstances.
  9. Nurture Vision reserves the right to despatch Orders from any of its locations, and the Customer accepts that the estimated delivery days are subject to change depending on the location chosen for the despatch of the Order.
  10. A saved Order on the website which is not submitted is open and does not constitute a confirmation for an Order, and as such, Nurture Vision will not be held liable if such items become unavailable or price changes are affected when you submit or attempt to confirm the Order at a later time.
  11. An Order which has been submitted cannot be edited and constitutes an order confirmation from you and is binding in accordance with the Terms and Conditions.
  12. You agree that once an Order has been submitted, it cannot be cancelled.
  13. Order confirmation by you will be deemed to be an unconditional acceptance by you of the Terms and Conditions notwithstanding anything to the contrary which may be stated on your Order.

Returns Policy

  1. All sales are final. Items cannot be returned or exchanged under any circumstances.
  2. Nurture Vision does not accept returns or exchanges, except where the items are assessed to be defective and on the condition that the items are unopened from its packaging and are still in original condition.
  3. Where Nurture Vision accepts a return by written confirmation to accept the return, the following will apply;
  4. No refunds are available.
  5. Returns accepted are for online store credit or replacement item and exclude shipping costs and surcharges.
  6. The items must be new or in an unused condition with original packing/box and tags intact.
  7. Only upon Nurture Vision’s satisfaction with the evaluation of the return will the store credit or replacement item be processed.
  8. To accept returns or an exchange in any situation even if deemed to be defective items is at the sole discretion of Nurture Vision.
  9. The Returns Policy forms part of the Terms & Conditions and the Customer must refer to the Returns Policy for details and guidelines applicable for returns of a defective item.

Price Policy

  1. The prices listed on the website or published through any other medium are subject to change without any prior notice.
  2. The Prices listed are net of all discounts and no further discounts will apply unless otherwise arranged and agreed by Nurture Vision in writing.
  3. All Orders will be billed at the prices prevailing at the time of Order confirmation and are net of all discounts, including but not limited to trade discounts, settlement discounts, etc.
  4. Prices are based on the Unit of Measure (UOM) as indicated and exclude all related accessories or packaging options unless otherwise specified.
  5. The prices listed are inclusive of Value Added Tax (“VAT”) or other Sales Taxes, and if other charges are payable on Orders supplied by Nurture Vision, the Customer shall pay such charges accordingly.
  6. All prices are exclusive of freight and transport costs, insurance charges, installation and maintenance costs, which must be paid by the Customer unless stated otherwise by Nurture Vision in writing.

Delivery Address

  1. The Customer may request delivery to any delivery address.
  2. Delivery address is the point of delivery to which the Customer requests delivery for Orders.
  3. The items displayed on the website are subject to availability and will be delivered within the areas as determined by Nurture Vision.
  4. Nurture Vision reserves the right to refuse delivery to any delivery address which is not feasible, which falls outside Nurture Vision’s delivery network, or which constitutes an unacceptable risk.
  5. The Customer takes full responsibility for adding delivery addresses or editing an existing delivery address on the website.
  6. The Customer will manage all delivery addresses linked to their Account and may add new delivery addresses or may edit details of delivery addresses in the Customer’s Account profile.
  7. The Customer acknowledges full responsibility for all matters relating to delivery addresses and will ensure that all information therein is correct and accurate at all times.
  8. The Customer cannot place an order without selecting a delivery address and acknowledges that selection of a delivery address is done so at their own choice and risk.

Delivery of Orders

  1. Orders are delivered to the address the Customer determines when placing an Order.
  2. Notwithstanding any trade terms, legal and beneficial ownership of all items remains with Nurture Vision until full payment is made.
  3. Until payment is made in full, the Customer will hold the items as a fiduciary bailee for Nurture Vision and must store them so they are clearly identifiable as Nurture Vision's property.
  4. If the items are sold or otherwise disposed of by the Customer before full payment, the Customer is deemed to have done so as an agent for Nurture Vision, and the proceeds of such sale will be Nurture Vision's property. The Customer will hold the proceeds in trust for and payable to Nurture Vision on demand.
  5. The risk in and to the items passes to the Customer upon delivery, but the items become the Customer’s property only after the Customer has paid for them in full.
  6. Nurture Vision is not bound to deliver any Orders if circumstances prevent, hinder, or delay delivery, and shall not be held liable for any failure or delay.
  7. Where Nurture Vision accepts Orders, a nominated transporter will deliver them to the Customer's provided address within a reasonable time.
  8. Estimated delivery dates are good faith estimates and are not a condition of the Orders, nor do they bind Nurture Vision to deliver within the stipulated time.
  9. Delays in delivery will not diminish Nurture Vision's rights or the Customer's obligations, and Nurture Vision is not responsible or liable for any loss due to such delay.
  10. The Customer must accept delivery when it is tendered and is not entitled to revoke the Order, withhold payment, reduce the price, or seek any other remedy due to delivery delays.
  11. No claims for missing, damaged, or discrepancies of Orders or items are valid unless the Customer notifies Nurture Vision immediately and endorses the delivery note with such a claim.
  12. Where Nurture Vision is satisfied with the discrepancy, it will, at its discretion, either remedy the discrepancy or arrange for the return of the relevant items.
  13. Unless a notification is received from the Customer, the Order and items are deemed accepted as correct, and Nurture Vision will not incur any subsequent liability.
  14. All deliveries will incur transport charges for which the Customer is liable unless indicated differently by Nurture Vision.
  15. Nurture Vision may, at its sole discretion, levy a charge and recover any additional costs involved in delivering Orders.
  16. Nurture Vision delivers during normal working hours, and the Customer must ensure an authorized representative is available to receive the Orders and that appropriate access has been pre-arranged.
  17. The Customer will be liable for all costs resulting from their failure or refusal to take timely delivery of the Orders.
  18. If the Customer does not take delivery by the specified or agreed-upon date, the Customer must pay reasonable storage costs, determined by Nurture Vision, until they accept the Orders.
  19. The signature of any employee, relative, or representative of the Customer on an official delivery note, invoice, waybill, or similar document of Nurture Vision's nominated transporter constitutes sufficient proof of delivery.

Warranty of Goods

  1. In so far as any warranties or guarantees are concerned, Nurture Vision stipulates that it makes no representation whatsoever and gives no guarantee against latent or patent defects in any manner whatsoever in respect of any of the items sold by Nurture Vision.
  2. Nurture Vision may, however, in its sole discretion, extend the manufacturer’s warranty to you, subject to the terms and conditions of the manufacturer’s warranty.
  3. Without prejudice to the provisions of paragraph 1, Nurture Vision’s liability on account of defective materials and workmanship on the items shall be limited exclusively to the replacement thereof and strictly in accordance with the manufacturer’s warranty and Nurture Vision’s Returns Policy. Nurture Vision reserves its rights in every instance.
  4. The Customer agrees to abide by the claim process for defective items as stipulated in the Refunds Policy with specific attention to the following:
    1. claims for defective items may only be submitted by email notice; no other means of notification will be recognised;
    2. the email notice must encompass photos of the defective item.
    3. failure to provide all the relevant information may lead to dismissal of the claim;
    4. all claims for defective items are subject to Nurture Vision’s internal evaluation and administrative routines;
    5. Nurture Vision makes no undertaking that a claim for defective items will be compensated;
    6. all evaluation findings are final, and no correspondence will be entered into.
  5. If claims for defective items are not received in accordance with the Refunds Policy, the Customer agrees that Nurture Vision is not obliged to process the claim.
  6. Providing that Nurture Vision confirms acceptance of a return in respect of defective items, and the claim qualifies as a valid claim after evaluation, the delivery costs of the defective item to Nurture Vision’s location will be borne by Nurture Vision.
  7. Should the claim be rejected after evaluation for whatever reason, the delivery costs of the defective item to Nurture Vision’s location will be borne by the Customer.
  8. Nurture Vision’s obligations in terms of warranty on items shall be limited to the extent provided by the manufacturer of the items.

Default by the Customer

  1. If the Customer breaches any of the Terms and Conditions, Nurture Vision may, without affecting its other rights:
    1. Demand immediate payment of all outstanding monies, whether or not they are due.
    2. Suspend or terminate any trade terms offered to you.
    3. Cancel any Orders and retake possession of all items.
    4. Cancel any and all supply contracts and seek damages.
    5. Require security to its full satisfaction before making any further supplies.
    6. Suspend or cancel deliveries of confirmed Orders without notice.
  2. The Customer agrees that in the event of any default, Nurture Vision reserves the right to reverse all discounts, including but not limited to trade discounts, rebates, and/or settlement discounts.
  3. In the event of a default, all outstanding amounts, including the value of reversed discounts, will immediately become due and payable. If the Customer fails to pay, Nurture Vision may take legal steps to recover all amounts, including collection and legal costs on the attorney and own client scale.

Errors & Omissions

  1. Nurture Vision will take all reasonable care to accurately reflect item descriptions, availability, price, delivery charges, and other relevant information on the website.
  2. Nurture Vision will not be held liable for any loss, claim, or expense resulting from any errors or omissions.
  3. If Nurture Vision identifies an inadvertent and obvious error, it reserves the right to refuse or cancel any Orders related to the error. Nurture Vision will indicate the rejection by cancelling the Order and, where applicable, refunding any amounts paid.

Availability and Termination

  1. Nurture Vision will use reasonable efforts to maintain website availability, except during scheduled maintenance, and reserves the right to discontinue the website, or any part of it, with or without notice to the Customer.
  2. Nurture Vision may, at its sole discretion, terminate, suspend, and modify the website, with or without notice. The Customer agrees that Nurture Vision will not be liable for any such suspension, modification, or termination.
  3. If the Customer fails to comply with its obligations, Nurture Vision may, at its sole discretion, suspend the Customer’s trading relationship and access to the website without prejudice to any claims for damages it may have against the Customer.

Amendments to the Terms and Conditions

  1. Nurture Vision may, at its sole discretion, amend any of the Terms and Conditions at any time.
  2. It is the Customer’s responsibility to regularly check the Terms and Conditions for amendments. If the Customer is unable to comply, they may not transact, use the website, or trade with Nurture Vision.
  3. Any amendments will only apply after they are published on the website. By transacting with Nurture Vision or using the website after the amended Terms and Conditions have been published, the Customer will be deemed to have accepted the changes.

Electronic Instructions (Waiver & Indemnity)

  1. The Customer will use electronic means, such as email and the website, to send instructions to Nurture Vision, which will act on them upon receipt.
  2. The Customer is fully aware that electronic signatures and instructions can be forged, making it difficult to verify their validity, and unequivocally accepts all risks involved.
  3. With full knowledge of these risks, the Customer requires Nurture Vision to act on these messages and waives any claim it may have against Nurture Vision. The Customer also indemnifies Nurture Vision from any loss resulting from the use of such electronic means.
  4. The Customer waives any claim it may have against Nurture Vision and holds Nurture Vision harmless for any loss or damage that may result from Nurture Vision acting upon instructions that are deemed to have been sent or authorized by the Customer.
  5. All liability for errors, omissions, or delays in transmission, or for any other loss or damage connected with such instructions, shall be borne by the Customer, who will hold Nurture Vision harmless.

Electronic Communications

  1. When the Customer visits the website or sends emails to Nurture Vision, the Customer consents to receive communications from Nurture Vision electronically. .

Disclaimer

  1. The use of the website is entirely at the Customer’s own risk, and the Customer assumes full responsibility for any risk or loss resulting from the use of the website or reliance on any information on the website.
  2. Whilst Nurture Vision takes reasonable measures to ensure that the content of the website is accurate and complete, Nurture Vision makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability, or functionality of the website or as to the accuracy, completeness, or reliability of any information on the website.
  3. Nurture Vision disclaims liability for any damage, loss, or liability, whether direct, indirect, or consequential in nature, arising out of or in connection with the Customer’s access to or use of the website and/or any content therein unless otherwise provided by law.
  4. Although items sold on the website may, under certain specifically defined circumstances, be under warranty, the website itself and all information provided on the website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
  5. Any views or statements made or expressed on the website are not necessarily the views of Nurture Vision, its directors, employees, agents, and/or authorised representatives.
  6. In addition to the disclaimers contained elsewhere in the Terms and Conditions, Nurture Vision also makes no warranty or representation, whether express or implied, that the information or files available on the website are free of viruses, spyware, malware, Trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of the Customers computer system, computer network, hardware or software in any way. The Customer accepts all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or willful misconduct of Nurture Vision. Nurture Vision thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with the Customers access to or use of the website.

Limitation of Liability

  1. Nurture Vision, its directors, servants, employees, distributors, agents and representatives (herein collectively referred to as the “indemnified parties”) shall under no circumstances (even if negligence or gross negligence is proven) become liable to the Customer or a third party for any damages or losses, liability, injury, cost, expense, claim, fine, penalty or interest that may be incurred, imposed or sustained by the Customer, of whatsoever nature and kind, whether direct or indirect, consequential, incidental, special or otherwise, as a result of but not limited to:
    1. trading and transacting with Nurture Vision;
    2. use in any way of the website or linked third party websites;
    3. use of or reliance upon the website or the content contained therein;
    4. the inability to use the website, and/or unlawful activity on the website;
    5. inaccurate information and/or incorrect product information published on the website;
    6. any delay or failure to deliver the items;
    7. loss or damage to the items during transportation;
    8. incorrect supply of items;
    9. defective or unsatisfactory items for any reason or cause whatsoever;
    10. any losses due to fire, theft or any other cause whatsoever;
    11. the failure by the Customer to comply with its obligations as stipulated in the Terms & Conditions;
    12. any negligent act or omission of the Customer pertaining to the items or the handling of the items;
    13. other acts of the Customer;
    14. the use of the items by the Customer or any other party;
    15. claims for damage and/or loss by any other party.

General

  1. If any of the terms in these Terms and Conditions is declared invalid or held to be ineffective by virtue of non-registration, illegality or otherwise, then such condition, or part of it, shall be severed from all other conditions without affecting the validity or enforceability of all other conditions or part of them.
  2. The Terms and Conditions contain the whole agreement between the Customer and Nurture Vision and no other warranty or undertaking is valid unless contained in this document between the parties.
  3. Customer Privacy Policy: Nurture Vision 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
  4. Payment options accepted: Payment may be made via Visa and MasterCard.
  5. Card acquiring and security: Card transactions will be acquired for Nurture Vision 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.
  6. Customer details separate from card details: Customer details will be stored by Nurture Vision 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.
  7. 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).
  8. Responsibility:Nurture Vision takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.
  9. Country of domicile:This website is governed by the laws of South Africa and Nurture Vision 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.
  10. Variation:Nurture Vision may, in its sole discretion, change this agreement or any part thereof at any time without notice.