TERMS & CONDITIONS
For the business relationship between the website operator, Nicolene van der Walt (hereinafter “we”, “us”, and “our”), and the customer (hereinafter “customer”, “buyer”, “user'“, and “you”), the following general terms and conditions (T&C) apply at the time of visiting this website. The T&C includes legal information on your rights for distance contracts and e-commerce. We offer this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing product(s) through our online store, you engage in our “Service” and agree to be bound by the following terms and conditions ("Terms of Service"). These terms apply to all users of the site, including, without limitation, users who are browsers, vendors, customers, merchants, and/ or contributors of content. The product(s) refers to any item for sale on www.nicolenevanderwalt.com.
WEBSITE USAGE
You agree that you will be personally responsible for your use of this website and for all of your communication and activity on and pursuant to this website. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the T&C, we may deny you access to this website on a temporary or permanent basis.
ORDER, PAYMENT & DELIVERY
The display of any item on our website is not an offer to sell, but merely an invitation to place an order. Nicolene van der Walt shall be under no obligation to supply the products ordered through this website. If you place an order, this will be your offer to purchase the items from us. We will acknowledge your order offer as soon as possible, but will be under no obligation to supply the products ordered unless we have the products in stock and they are available at the prices we have specified.
In addition to the listed prices on our online store, there are additional shipping costs involved in every order. The shipping costs are paid by the customer and are listed during checkout. In accordance with the small businesses regulation in Germany (§19 Abs. 1 UStG), no VAT is added to any orders.
During the completion of the ordering process, the customer can choose from the available payment methods. Invoice payment after receiving the goods is not possible. When using our third-party options responsible for payment processing, Stripe, PayPal, or Apple Pay, their T&C’s are applicable. It is possible to make a payment with a credit card, debit card, or girocard on Paypal as a guest, the customer do not need to have a PayPal account.
The product is delivered to the customer only after the payment has been received by us. If payment is outstanding, the seller may withdraw from the contract with the result that the order was null and void. The seller has no more duty to deliver and the order will be terminated for both the buyer and the seller without any further consequences.
We aim to deliver the items in perfect condition and in the shortest time achievable for us to the place and person specified on the order. We reserve the right to delay the dispatch of an order, for instance if there is insufficient stock, further security checks to verify the customer, or if payment is outstanding. We will contact the customer if there is a delay. If the product is permanently unavailable, the seller will not accept the order. In this case no contract is concluded. The purchase contract is only concluded when the customer receives an email confirming that the product(s) are being shipped to the customer.
For more information, please visit our Shipping & Returns section.
WEBSITE & ONLINE STORE
Whilst every effort is made to update the information contained on this website, neither the website owner nor any third party, data or content provider warranties, whether express, implied by law, or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, price information, research information, data and/or content contained on the website (including but not limited to any information which may be provided by any third party, or data or content providers) and shall not be bound in any manner by any information contained on the website.
The website owner reserves the right at any time to change or discontinue, any aspect or feature of this website, without notice. No information shall be construed as advice and information is offered for information purposes only and is not intended for trading purposes. You and your company rely on the information contained on this website at your own risk.
EXTERNAL LINKS
External links may be provided for your convenience, but they are beyond the control of the website owner and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. When visiting external links, you must refer to that external website’s terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this website without the express prior written permission of the website owner. Please contact us via email if you would like to link to this website or would like to request a link to your website.
LIABILITY & INDEMNITY
Nicolene van der Walt shall not be responsible and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury, or expense of any nature whatsoever, which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company’s personal information or material and information transmitted over our system. In particular, neither Nicolene van der Walt nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
Except in relation to our contractual obligations to supply goods following acceptance of orders placed on our website through our online store, neither we nor any of our directors, employees, suppliers or other representatives will be liable in contract, tort, negligence or otherwise for any loss or damage whatsoever in any way connected with your use of the website.
You agree fully to indemnify us, our directors, employees, suppliers or other representatives from and against all liabilities against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the conditions by you or any other liabilities arising out of your use of this website. If we determine that you have breached these terms and conditions, we may terminate your use of the website immediately,
JURISDICTION
This website, these terms and conditions, and any contract entered into as a result of usage of this website, are governed by and construed in accordance with German Law. The parties to any such contract agree to submit to the exclusive jurisdiction of the courts of Germany.
INTELLECTUAL PROPERTY & COPYRIGHT STATEMENT
The trademarks, names, logos and service marks (collectively “trademarks”) displayed on this website are registered and unregistered trademarks of the website owner. Nothing contained on this website should be understood as granting any licence or right to use any trademark without the prior written permission of the website owner.
Your use of the website and its contents grants no rights to you in relation to any copyright, designs, trademarks, and any other intellectual property and material rights relating to the content (as described in the content section below). All such content, including third party trademarks, designs and related intellectual property rights mentioned or displayed on this site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the content only as expressly authorised by Nicolene van der Walt and/or its third party licensors. Any reproduction or redistribution of the above listed content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location, support for publication, reproduction, or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing content for your own personal use.
PRIVACY POLICY
The specified personal information (such as name, email address, mailing address, bank data) which are provided by the customer for the purpose of ordering goods, are used by the seller solely for the fulfilment and handling of the contract.
Customer data will be kept confidential and will not be shared with any other third parties. The third parties involved in the ordering, payment and delivery procedures, however do need specific customer information to fulfil the order.
For more information, please visit our Privacy Policy section.
GENERAL
We may change or modify these terms and conditions at any time, and your continued use of this site following such change shall signify your agreement to be bound by the modified terms of conditions. Please read the terms and conditions and check back often. If you do not agree to any change to the terms and conditions, then you must immediately stop using the website.
ALTERNATIVE DISPUTE RESOLUTION
In accordance with Art. 14 (1) ODR-VO and § 36 VSBG, the European Commission offers a platform for online dispute resolution (ODR) which can be found at https://ec.europa.eu/consumers/odr. We are not obligated nor willing to take part in a dispute resolution procedure by a consumer arbitration service.