TERMS OF SERVICE

www.ntombicoure.co.za  (hereinafter referred to as the ‘Website’) and its contents are owned, operated and administered by Mbaluya Pty Ltd T/A Ntombi Couture registered in the Republic of South Africa.

Website Terms

  • 1.1 Please read the below Terms and Conditions of Use (hereinafter referred to as the “Terms”) of our website. The Terms and Conditions govern the access to, and use of, the Website and the services available through the Website (hereinafter referred to as “Services”).
  • 1.2 Use of the Website and of the Services implies the full acceptance of these Terms and all guidelines and rules, and acknowledgement of their relevant mandatory nature.
  • 1.3 We reserve the right to change these Terms from time to time by posting the revised terms on our Website. Please consult these Terms regularly. The use of the Website and the Services after such modifications constitutes your full acceptance of the revised Terms.

Eligibility

  • 2.1 The Services we offer in our Website are generally not intended for persons under the age of eighteen (18) years.  If you are under this age, please do not register for, or subscribe to, the Services. If we learn that you are under eighteen (18) years of age or any other majority age in your country (or fraudulently misrepresented your age during the registration process, if applicable), we will promptly cancel your registration, or subscription, if any, and stop providing you with the Services.
  • 2.2 You must also be able to lawfully make payments through one of our accepted tender types, agree to these Terms, and enter into binding orders with us.

Registration and Subscription

  • 3.1 In order to take advantage of the features and services of this Website, you can either utilize the Website on a “guest check-out” basis or create an Account and register your details with us.
  • 3.2 When registering for, or subscribing to, our Services you must provide accurate and true information. In the event of any change in the information you provided upon your registration or subscription, you agree to promptly inform us to ensure that you will receive our messages and that we will not in error contact third parties.
  • 3.3 Please keep your account details and password confidential and secure. if you suspect any unauthorized use of your account or access to your password, you must notify us immediately. You are solely responsible for any and all use of your account.

Duration and Termination

  • 4.1 Your registration for, or subscription to, one or more Services will be effective upon successful completion of the registration or subscription process.
  • 4.2 These Terms, and any posted revision of these Terms, shall remain in full force and effect for the entire duration of your use of the Website or of the Services.
  • 4.3 You may terminate your registration for, or subscription to, the Website at any time at your sole discretion.
  • 4.4 [Ntombi Couture] may immediately terminate your registration or subscription, or suspend it, at any time and at its sole discretion, in the event of any material breach by you of these Terms, without prejudice to any other remedies provided by the applicable law. [Ntombi Couture] will notify you about the termination or suspension, as applicable, by e-mail or ordinary mail and your registration or subscription details will be deactivated.

Orders

  • 5.1 When you place an Order with us, then subject to your rights to cancel or return the items, you commit to buy the items described in that Order, at the price indicated including any delivery fees, taxes and duties where applicable.
  • 5.2 Orders are subject to our acceptance, which we may withhold in our sole discretion including for reasons such as ineligibility, inability to confirm payment authorization, suspected fraud, shipping restrictions and stock availability. Items in your Website basket are not reserved until your order is paid for.
  • 5.3 Receipt of your Order will be acknowledged by email. However the Order is only confirmed when you receive a notification from us confirming dispatch of the relevant item(s). No party other than us has the authority to confirm acceptance of the Order.

Electronic Services

  • 6.1 Certain parts of the Services may need to be provided through electronic communication channels (e.g. emails, SMS, phone call).
  • 6.2 You agree that we may contact you for Services-related issues by SMS, e-mail or other electronic technology and you acknowledge that, in some jurisdictions, use of the mobile services may result in charges imposed on you by your network provider and that you will be responsible for such charges.

Intellectual Property

  • 7.1 All materials on this Website, in whole and in part, including by way of example trademarks, domain names, designs and models, patents and copyright, are protected and in the sole ownership of Ntombi Fashion Designing.
  • 7.2 Use of all or part of the Site, including downloading, reproduction, transmission, representation or publication for purposes other than personal and private use, commercial or not, is strictly prohibited. Violation of these provisions exposes you to the penalties provided by the law in the United Arab Emirates.

No Warranty

  • 8.1 Except as otherwise provided in these Website Terms or required by applicable law, we make no representation, covenant or warranty and offer no other conditions, express or implied, regarding any matter, including, without limitation, the merchantability, suitability, fitness for a particular use or purpose, or non-infringement of Website membership, any Content, or any products purchased through the Website.
  • 8.2 Your use of the Website is at your sole risk and it is provided on an “as is” and “as available” basis. We reserve the right to restrict or terminate your access to the Website at any time. Save as required by law, we make no warranties that access to the Website will be uninterrupted or error-free; that the Website will be secure; that the Website or the server that makes the site available will be virus-free; or that information on the site will be correct, accurate, adequate, useful, timely, reliable or otherwise complete. If you download any content from the Website, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer or loss of data that results from the download of any such content. No advice or information obtained by you from the Website shall create any warranty of any kind.

Limitation of Liability

  • 9.1 Save for death or personal injury arising out of our negligence or as required by law, under no circumstances shall we, our affiliates, employees, directors, officers, agents or suppliers be liable to you or to any other person for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use of or inability to use the Website, including, without limitation, damages for loss of profits, loss of goodwill or loss of data. Without prejudice to the foregoing, in no event will we be liable for any amounts in excess of the amount paid by you for the product(s) in respect of which the claim arose.
  • 9.2 Nothing in this Agreement is intended to impact any rights you or we may have under applicable law. We are committed to respecting individual rights including but not limited to moral, cultural and religious rights as enshrined in applicable law.

Indemnity

You agree to indemnify and hold us, and each of our subsidiaries and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Website and the Services in violation of these Terms of Use and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth herein and/or if any Submitted Material that is transmitted through the Services causes our liability to a third party.

Severability

If any provision of these Website Terms is held to be illegal or unenforceable, the remaining Terms will not be affected and will remain in full force and effect.

Governing Law

These Terms are governed by the federal laws of the Republic of South Africa, and all disputes arising here under are subject to the exclusive jurisdiction of the courts of the Republic of South Africa.