Definitions

For the purposes of these Terms and Conditions:

“Affiliate” means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

“Account” means a unique account created for You to access our Service or parts of our Service.

“Company” (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to inthenoah (Pty) Ltd.

“Country” refers to South Africa.

“Content” refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.

“Device” means any device that can access the Service such as a computer, a cell phone or a digital tablet.

“Feedback” means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.

“Products” refer to the products or items offered for sale on the Service.

“Orders” mean a request by You to purchase Products from Us.

“Promotions” refer to contests, sweepstakes or other promotions offered through the Service.

“Service” refers to the Website.

“Terms and Conditions” (also referred as “Terms“) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

“Third-party Social Media Service” means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

“Website” refers to inthenoah (Pty) Ltd, accessible from www.inthenoah.co.za

“You” means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this service and the agreement that operates between you and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the service is conditioned on your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the service.

By accessing or using the service you agree to be bound by these Terms and Conditions. If you disagree with any part of these Terms and Conditions then you may not access the service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the service.

Your access to and use of the service is also conditioned on your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Placing Orders for Products

Your Information

If you wish to place an order for products available on the service, you may be asked to supply certain information relevant to your order including, but not limited to, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.

You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any order; and that (ii) the information you supply to us is true, correct and complete.

By submitting such information, you grant us the right to provide the information to payment processing to third parties for purposes of facilitating the completion of your Order.

Order Cancellation

We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to:

• Products availability
• Errors in the description or prices for products
• Errors in your order

We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.

Refunds and Returns

Inthenoah has a 10 days from delivery returns policy. Certain restrictions and exceptions do apply. Item must be unused and in the original packaging. We will not be able to accept returns on any items that have been used.

Once we receive your item, we will inspect it and notify you that we have received your returned item. We will immediately notify you on the status of your refund after inspecting the item.

If your return is approved, we will initiate a refund to your credit card (or original method of payment).

You will receive the credit within a certain amount of days, depending on your bank.

Shipping

You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable.

If you receive a refund, the cost of return shipping will be deducted from your refund.

Sale Items

Sale items will unfortunately not qualify for return or refund.

Damaged Items

If an item is delivered damaged, please contact us within 10 days of delivery to make sure we can follow to correct procedure to replace the item. Please contact us on info@inthenoah.co.za with your order number, photos of the damage (including packaging), and provide an address for where you want the replacement to be sent.

Incorrect Item Delivered

We do our best to make sure the product information, availability, purchase price and associated delivery times and fees are correctly reflected on our website. Should we accidentally deliver the wrong product to you or if the product is not as described on the website, or is missing any parts, please do not remove the product from its original packaging. Notify us as immediately and we will collect the product from you at no charge.

Process a Return

If you would like to return an order you have received, please email us at info@inthenoah.co.za so that we can assist you.

Availability, Errors and Inaccuracies

From time to time we update our offerings of products on the service. The products available on our service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information regarding our products on the service and in our advertising on other websites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Prices Policy

The company reserves the right to revise its prices at any time prior to accepting an order.

The prices quoted may be revised by the company subsequent to accepting an order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.

Payments

Payment can be made through Payfast™ payment portal.

Promotions

Any Promotions made available through the service may be governed by rules that are separate from these Terms.

If You participate in any promotions, please review the applicable rules as well as our Privacy policy. If the rules for a promotion conflict with these Terms, the promotion rules will apply.

Intellectual Property

The service and its original content (excluding Content provided by you or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The service is protected by copyright, trademark, and other laws of both South Africa and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Protection of Personal Information Act

Customer Privacy Notice

This Notice explains how we obtain, use and disclose your personal information, in accordance with the requirements of the Protection of Personal Information Act (“POPIA”).

At INTHENOAH (Pty) Ltd (and including this website, www.inthenoah.co.za) we are committed to protecting your privacy and to ensure that your personal information is collected and used properly, lawfully and transparently.

About the Company

INTHENOAH (Pty) Ltd

We collect and process your personal information mainly to contact you for the purposes of understanding your requirements, and delivering services accordingly.  For this purpose we will collect contact details including your name and organisation.

We collect information directly from you where you provide us with your personal details.  Where possible, we will inform you what information you are required to provide to us and what information is optional.

Website usage information may be collected using “cookies” which allows us to collect standard internet visitor usage information.

How we use your information

We will use your personal information only for the purposes for which it was collected and agreed with you.  In addition, where necessary your information may be retained for legal or research purposes.

For example:

To gather contact information;

To confirm and verify your identity or to verify that you are an authorised user for security purposes;

For the detection and prevention of fraud, crime, money laundering or other malpractice;

To conduct market or customer satisfaction research or for statistical analysis;

For audit and record keeping purposes;

In connection with legal proceedings.

Disclosure of information

We may disclose your personal information to our service providers who are involved in the delivery of products or services to you. We have agreements in place to ensure that they comply with the privacy requirements as required by the Protection of Personal Information Act.

We may also disclose your information:

Where we have a duty or a right to disclose in terms of law or industry codes;

Where we believe it is necessary to protect our rights.

Information Security

We are legally obliged to provide adequate protection for the personal information we hold and to stop unauthorized access and use of personal information. We will, on an on-going basis, continue to review our security controls and related processes to ensure that your personal information remains secure.

Our security policies and procedures cover:

Physical security;

Computer and network security;

Access to personal information;

Secure communications;

Security in contracting out activities or functions;

Retention and disposal of information;

Acceptable usage of personal information;

Governance and regulatory issues;

Monitoring access and usage of private information;

Investigating and reacting to security incidents.

When we contract with third parties, we impose appropriate security, privacy and confidentiality obligations on them to ensure that personal information that we remain responsible for, is kept secure.

We will ensure that anyone to whom we pass your personal information agrees to treat your information with the same level of protection as we are obliged to.

Your Rights: Access to information

You have the right to request a copy of the personal information we hold about you. To do this, simply contact us at the numbers/addresses as provided on our website and specify what information you require.  We will need a copy of your ID document to confirm your identity before providing details of your personal information.

Please note that any such access request may be subject to a payment of a legally allowable fee.  

Correction of your information

You have the right to ask us to update, correct or delete your personal information. We will require a copy of your ID document to confirm your identity before making changes to personal information we may hold about you. We would appreciate it if you would keep your personal information accurate.

Definition of personal information

According to the Act ‘‘personal information’’ means information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person.  Further to the POPI Act, INTHENOAH also includes the following items as personal information:

All addresses including residential, postal and email addresses.

Change of name – for which we require copies of the marriage certificate or official change of name document issued by the state department.

How to contact us

If you have any queries about this notice; you need further information about our privacy practices; wish to withdraw consent; exercise preferences or access or correct your personal information, please contact us at the numbers/addresses listed on our website.

Changes to These Terms and Conditions

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the service.

Contact Us

If you have any questions about these Terms and Conditions, you can contact us:

• By visiting this page on our website: https://inthenoah.co.za/contact/
• By sending us an email: info@inthenoah.co.za