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Last updated: 17/02/2023
These Terms and Conditions constitute the entire agreement between you, the customer, and The Nuttery (“thenuttery.co.za”, “us”, “we”, “our”). If you visit or shop at thenuttery.co.za, or if you create hyperlinks to thenuttery.co.za, you accept and agree to comply with the most recent version of this agreement in its entirety. When placing an order, the agreement in force at the time of your placing the order will apply to that order and its related transactions. Any hypertext links from this agreement to text elsewhere on this site shall be deemed to form part of this agreement.
We reserve the right to amend this agreement or any parts thereof at any time and without notice. Amendments to this agreement take effect 24 hours after the agreement has been amended on our website, and your continued use of the site implies your acceptance of the agreement as amended.
There are no fees for registering, or for having an account, with thenuttery.co.za. There are no buying obligations – you order what you want, when you want to.
You do not have to agree to sign up for our mailing list. You can opt-out of our mailing list, at any stage, on the website or by contacting us directly. You can choose whether or not you want to receive availability notifications for wishlist items.
This is the privacy policy for The Nuttery Online (Pty) Ltd. We invite you to contact us if you have any questions about this policy. Please email us on [email protected].
We respect your privacy. Callouts like this are a summary of our privacy policy and contain the most important and relevant points for you. Please read the full privacy policy because it applies to you.
Most items purchased on thenuttery.co.za can be returned to us for a full refund. This may not be applicable to unboxed deals. Non-returnable items are clearly shown as “Non-Returnable” on the “Delivery” page displayed during the checkout process. Please contact us at [email protected] if you are unsure if an item is returnable.
We will not be able to accept the return of an item under our general returns policy in the following situations:
Section 44 of the Electronic Communications and Transactions Act may apply to your order. Section 44 is only applicable if you are a natural person – in other words, a human being. You must also be the end user of the goods or service. If you qualify as a consumer under the ECT Act, you may be entitled to cancel some electronic transactions within seven days, without reason or penalty.
You must return any goods in new condition with all packaging and materials. We will refund the purchase price of the goods (minus the direct costs of returning the goods) within 30 days of the date of cancellation. This may not be applicable to unboxed deals.
The original delivery charge will not be refunded and the cost for returning the parcel is at your expense. Please include your order or invoice number in the box of the return so that your refund can be processed.
The following goods cannot be returned in terms of the ECT Act:
Section 56 of the Consumer Protection Act may also apply to your order. Section 56 will only apply if:
If you qualify as a consumer in terms of the CPA then all of our goods sold to you are sold with an implied warranty of quality against any defects for six months of normal household or business use, from the time we supplied the goods.
Defective goods are those that had a defect or were unsafe when we supplied them. A defect usually means that the goods were manufactured using materials, components or workmanship below an acceptable standard. You must prove that goods are defective.
We will replace, repair, or refund the price of any defective goods that you return to us during the six-month statutory warranty.
We will refund the reasonable shipping and insurance costs of returning defective goods. We may inspect the goods to confirm that they are defective before we do so.
Our customer services department may tell you that they do not believe you have a claim, for example because the warranty period of the goods has expired. In this case we may refuse to replace goods, or refuse to pay a refund
Deliver the defective physical goods under warranty to us or post them by normal prepaid registered post, insured against loss, damage and theft. The street and postal addresses for all returns are the same as for our customer services department, details of which are below.
Once we have received the package, we will notify you that we have received the physical goods. Please allow 10 working days from the date on which you sent the envelope or package for it to reach us. If we have not notified you within 10 working days, please contact the postal service that you sent the package through and try and establish whether it has been delivered to the correct address.
If you claim that our goods are defective, our technicians will examine the goods for defects. In the case of physical goods, our technicians will examine the actual goods. They will report to us whether the goods were defective, were misused or are of good quality. If our technician reports that the goods were misused, were of good quality, were not provided to you for a specific purpose or were suitable for that purpose, then we will not replace or refund the goods.
If you choose for us to replace or repair the goods, we will contact you as soon as reasonably possible to organise the necessary steps to repair or replace the goods. For unboxed deals, only a refund will be applicable.
If you choose for us to make a refund, we will contact you and arrange payment of the refunded amount into a bank account of your choice within 30 days of cancellation.
If we do not accept that we supplied defective or unsuitable goods, and our customer services department has not been able to help, any customer may still take the matter up with the consumer goods and services ombuds ${insert link} or other dispute resolution body, or take legal action. The dispute resolution procedures under the CPA do not necessarily apply to all transactions with us. This policy does not exclude any other rights customers may have.
We aim for complete customer satisfaction. We respect our customers’ rights and always try to comply with best practices and all relevant laws. If you are not satisfied with any of our goods or have any questions, please contact our customer services department and have your invoice ready. We will try our best to solve your problem.
We will either replace the item or refund you for any item that you receive that does not match the description advertised on the website. We will usually need you to return the item to us at no additional cost to yourself. This may not be applicable to unboxed deals.
Please contact us at [email protected] within 24 hours if the item is not what you ordered.
The prices displayed are inclusive of 15% VAT. Delivery costs are charged separately on check out and do not form part of the product price displayed.
Though we endeavour to ensure that the prices displayed on the website are accurate, we offer hundreds of products for sale at any time and it is impossible for us to monitor the prices of all individual products manually. While we go to lengths to ensure that the prices we display are accurate, we are reliant on our suppliers for providing accurate pricing information and as a result it is possible that erroneous prices may be displayed from time to time. In such cases, we shall not be obliged to sell the product at the erroneous price and will correct erroneous prices as soon as we become aware of them.
As part of our service, we source products from all over the world and the prices we display for products on our website will fluctuate with exchange rates, and as our suppliers change their stock holdings and pricing. Displaying a price on the website does not constitute any undertaking by us to maintain that price for any length of time. We will always endeavour to complete your order at the price quoted at the time that the order was placed, but in cases of erroneous pricing or where our suppliers deplete their reserves of specially priced stock, we may cancel all or a portion of your order and fully refund any advance payments that you have made toward the affected products.
If you pay by credit card, we will authorise (reserve) the amount of the order at the time of the order being placed and we will debit the card as soon as we actually start processing the order. Any subsequent cancellations will be refunded to the card.
We do not store your credit card details, however, our Payment Gateway Providers may offer to store your card details. This will be subject to the privacy policy and terms of use guidelines outlined on the respective platforms of these 3rd parties. Our acquiring bank allows us to transact on cards that we’ve used in the previous 6 month period by using partial card details and referring to the previous successful transaction on that card. If applicable, you can choose to pay on your previously used card during the checkout process.
We may require further authentication on credit card payments, which we will request from you after you have submitted your payment.
If you pay directly into our bank account and need to be refunded, we will refund the amount to your thenuttery.co.za customer account.
All refunds will be credited to your customer account.
There is no interest payable on the balance in your customer account.
For deliveries we use The Courier Guy (door-to-door deliveries). We reserve the right to use any other service providers as needed.
You need to ensure that you provide us with a valid delivery address and contact number and choose the correct delivery address and delivery method during the checkout process.
Please contact us if you do not receive your parcel within the estimated delivery time provided and we will happily assist in locating it.
You accept that in order for us to prove delivery of an order, or part there of, we do not have to prove that you personally received the goods, but that any person at the delivery address specified on your order signed for the delivery.
In the case of post office or depot collections, we need to prove that somebody, not necessarily you, collected the delivery from the depot or post office. Unfortunately, proof-of-delivery records cannot be retained indefinitely and if a delivery has been dispatched by us and not reported missing by you within six months of us having dispatched it, the package will be deemed to have been delivered without us having to provide proof of delivery.
Should a delivery be returned to us as undeliverable, we will let you know and request that you to make arrangements to either have the parcel collected from us or re-delivered to you. You authorise us to dispose of, donate, or resell the contents of parcels not collected within six months of such request being made.
Should you choose to collect your order or parts thereof from us, we will let you know once each parcel is ready for collection. You authorise us to dispose of, donate, or resell the contents of parcels not collected within six months of such notification being sent.
Should you receive a delivery where the contents of the package do not match the items listed on the dispatch note included in the package, you agree to notify us without delay and we will not be liable for shortages not reported within seven days of you having received the package.
Delivery made to areas outside of the delivery areas of our service provider will be charged at higher rates and must be paid by the customer in addition to the price of the product purchased.
The onus is on you to ensure that you and/or the person for whom you may be buying a product on the Website, meet any age restrictions applicable to such products ordered by you on the Website, that these restrictions are observed, that you are over 18 and that any product bought is age-appropriate. Accordingly, you indemnify thenuttery.co.za from any and all liability in this regard, including any liability arising as a result of your failure to provide accurate information in this regard when completing the thenuttery.co.za Website registration process.
Most orders are dispatched on time but unfortunately, unexpected delays can occur and we may not be able to dispatch items within the schedule provided. Items can run out of stock or be discontinued without warning, and we may not be able to fulfil orders for that item. We will do our best to keep you informed of any unexpected delays, stock shortages or discontinued items.
If we are not able to dispatch or deliver an item to you within the schedule provided, you may refuse a delivery, cancel your order or return the parcel to us, and we shall refund you in full.
An order is placed with us only after you have clicked on the [Place order] button. Your order is an offer to purchase the goods from us. We only accept your offer once we have dispatched the goods or you have collected them from us. We do not need to communicate our acceptance to you.
Placing an item in your cart does not constitute an order and we cannot be held liable if the item is no longer available, or if the price has changed by the time the checkout process is completed.
We reserve the right to cancel an order at any point in time without giving any reasons. In this case, we shall be liable to refund any money already paid in respect of that order.
Please note that our website will show an item as being available even if only one unit is available to purchase. If you order multiple units of the same item, we may not be able to supply additional units at the same price, within the same time frame, or in some cases, at all. Please contact us to check the availability of multiple units prior to placing an order.
Should you wish to cancel all or part of an order, please send your cancellation request to [email protected]. Please note, however, that we may not be able to cancel items from an order if they have already been dispatched by our suppliers.
Competitions will be subject to terms and conditions and these are provided during the time the competition runs.
Promotional Vouchers cannot be transferred or redeemed for cash. If you are claiming a voucher which has been distributed for Marketing purposes, then only 1 voucher can be claimed against an order i.e. only 1 voucher per order, per customer will be allowed. The Nuttery reserves the right to terminate or expire promotional vouchers at any time at their own discretion.
While we will endeavour to ensure pricing is updated, the pricing for The Nuttery items depicted on certain 3rd party services including Facebook and Google Shopping may temporarily be inaccurate until such time that such services update their systems to the new prices.
This site is for personal use only. You may not make use of content from this site, whether direct or derived, for any commercial purpose whatsoever. You may not use any form of automated search or download technology to access this site unless it is according to the guidelines set forth in our www.rockethosting.online/thenuttery/robots.txt file. You may not frame or utilise framing techniques to enclose any content on this site without our express written consent.
You are granted a limited, revocable, and nonexclusive right to create hyperlinks to thenuttery.co.za web pages as long as such links do not portray thenuttery.co.za or its affiliates or products or services in a false, misleading, derogatory, or otherwise offensive matter.
This site is provided “as is”, and you use this site at your own risk. Neither thenuttery.co.za, its directors, employees, affiliates, agents or suppliers shall be responsible for any damages or loss resulting from or relating to the use of this site or any of its content, irrespective of the cause of the damages.
We make no representations or warranties of any kind, whether express or implied.
We disclaim all representations and warranties including but not limited to the site and its availability, the content of the site or the accuracy thereof, product availability and delivery times, merchantability or fitness for a particular purpose of information, goods or services.
No party will be responsible for any breach of this agreement caused by circumstances beyond its control, including flood, fire, earthquake, war, tempest, hurricane, industrial action, government restrictions, or acts of God.
If there is an event of force majeure, the party affected will tell the other immediately, and they will meet within seven days to negotiate other ways to carry out any affected responsibilities under this agreement. The parties will continue to comply with the responsibilities that are not affected by the circumstances.
If a party cannot fulfil a material (significant) part of its responsibilities under this agreement for more than 60 days because of force majeure, the other party may cancel this agreement by written notice.
We may change the terms at any time and where this affects your rights and obligations, we will notify you of any changes by placing a notice in a prominent place on our website or by email. If you do not agree with the change you must stop using the services. If you continue to use the services following notification of a change to the terms, the changed terms will apply to you and you will be deemed to have accepted such terms.
If you do not agree with the changes, you must stop using the service. If you continue to use the service following notification of a change, the changed terms will apply to you and you will be deemed to have accepted them.
Any favour we may allow you will not affect or substitute any of our rights against you.
If any term is void (invalid), unenforceable, or illegal, the term may be severed (removed) from and will not affect the rest of this agreement if it does not change its purpose.
This agreement shall be governed by and interpreted according to the laws of the Republic of South Africa.
Our domicilium citandi et executandi (physical address) for all purposes under this agreement is: Shop Gf-S12, 3 Arts Village, Plumstead, Cape Town, 7800.
Our email address is [email protected].
Please contact us at [email protected]. We will always try to be as helpful as we can and solve any problems promptly.
These terms and conditions are governed by the laws of the Republic of South Africa.
Copies of these terms and conditions are visible on The Nuttery Website and will be made available to participants via email on request.
By entering the competition, each entrant agrees to be bound by these terms and conditions.
Each entrant is notified of his/her right to decline taking part in reasonable post-event publicity and allowing the Nuttery to use his/her names and photographs in such publicity provided that, within 3 days from the date that an entry is submitted, the participant sends written notification to The Nuttery, at the email addresses of: [email protected], of his/her decision to decline.
By entering this prize draw, all entrants consent to the use of their personal data The Nuttery for the purposes of the administration of this prize draw and any other purposes to which the entrant has consented.
Winners will be notified via email or telephone within 10 business days of the closing date. The winners must claim their prize within 10 business days of The Nuttery sending notification. If the prize is unclaimed after this time, it will lapse and The Nuttery reserves the right to offer the unclaimed prize to a substitute winner selected in accordance with these rules.
Prizes are subject to availability. In the event of unforeseen circumstances, The Nuttery reserves the right (a) to substitute alternative prizes of equivalent or greater value and (b) in exceptional circumstances to amend or foreclose the promotion/competition without notice. No correspondence will be entered into.
Entrants under the age of 18 must obtain written permission from their parents or guardians before entering.
The Nuttery are not responsible for entries that are late, incomplete or that are not received due to technical problems of any sort.
The Nuttery are not responsible for any injury or damage to your, or any other person’s computer, mobile telephone or other device used by you or any other person to enter into the competition.
Where applicable, the winner will be determined by way of a random draw, or if not applicable, will be chosen by judge/s selected by The Nuttery, which judge/s may be employees of The Nuttery.
The Nuttery are not responsible for any costs or expenses which you, or any other person, incur during and for purposes of your entry into the competition and your acceptance and/or use of a prize.
If you use a mobile phone for entry into the competition, a SMS will be charged at the prevailing rate of your service provider – FreeSMSs do not apply.
Only one entry per person per competition will be permitted, and subsequent entries may not be honored or accepted.
Competitions are not open to those persons who are a director, member, partner, employee or agent of The Nuttery, any consultant to The Nuttery, as well as any family members of The Nuttery employees, and any other person who is controlled by The Nuttery.
The Nuttery accepts no responsibility for any entries that are incomplete, illegible, corrupted or fail to reach The Nuttery by the relevant closing date for any reason. Entries via agents or third parties are invalid. Entries become the property of The Nuttery and are not returned.
Late entries will not be accepted.
Prizes are not transferable, refundable or exchangeable, and no entrant may win more than one prize per competition.
Should the competition be run on a social media platform such as Instagram, Twitter or Facebook, then the following rules will apply:
The entrant releases the social media platform from any liability in any respect.
Entrants may not inaccurately tag content, and such inaccurate tagging shall result in disqualification.
The entrants and The Nuttery acknowledge that the competition is in no way sponsored, endorsed or administered by, or associated with, the social media platform.
The entrants and The Nuttery acknowledge that they use the social media platform at their own risk.
The entrant may not use multiple accounts, and anyone found to use multiple accounts to enter will be disqualified.
Multiple entries in a single day will result in disqualification.
By entering, entrants agree to comply with the policies and rules set by that social media platform. The rules for Twitter may be viewed at: https://twitter.com/rules.
