TERMS & CONDITIONS

Please take a moment to read these terms and conditions including our policies to understand how they apply to the use of the website and any products or services that may you may order online.

If you have any questions regarding our website, the Terms, products or services, please to contact us at info@nutricon.co.za.

  1. DEFINITIONS

For the purpose hereof the following words and expressions shall bear the respective meanings ascribed to them hereunder, unless inconsistent with the context.

  • Agreement” means any purchase and sale agreement entered into between the Customer and the Company, including these Terms and Conditions;
  • Customer” means the person or entity who purchasers the Goods from the Company;
  • Company” means Nutri Con (Pty) Ltd (Registration Number:2017/471368/07);
  • Goods” means any product to be supplied by the Company to the Customer; and
  • Terms” means the terms and conditions set out herein, as well as all policies associated therewith.
  1. WEBSITE INFORMATION
    • The Nutri Con (Pty) Ltd website at www.nutricon.co.za is owned and operated by Nutri Con (Pty) Ltd a company registered in the Republic of South Africa under company registration number: 2017/471368/07, which has its registered address at 3rd Floor, Block B, Cresta Junction, Judges Avenue, Cresta, 2194.
    • This Site displays information about sports supplements, vitamins, nutrition, performance products and general information of the Company. Also included are training and nutritional information, which may be sourced or supplied by third party information and/or research.
    • Although the Company have taken reasonable care to ensure that this information is correct and up to date, the Company cannot ensure the accuracy of such information where it is provided to us by third parties.
    • The Company accepts no responsibility for information supplied to it by third parties.
  2. PRODUCTS, RESTRICTIONS AND CONDITIONS
    • Restrictions and conditions apply to all of the Goods.
    • To determine the applicable restrictions and conditions, the Customer must contact us.
    • The Goods do not intend to cure or prevent any form of illness or disease.
    • As with all nutrition, vitamin and health related products, please consult a doctor or medical practitioner before purchasing or using any of the Goods. The Company will not be held responsible for negligent use of products, or ignorance of label warnings, instructions and recommended dosage amounts.
    • Certain products contain caffeine and other natural stimulants. Should the Customer have any heart problems, blood pressure problems, anxiety disorder, diabetes, pregnancy, or any pre-existing condition that may be affected by one or more ingredients in our products, then please consult a medical practitioner before considering consumption or purchase of any such product. The Company cannot and will not be held liable for any loss or damage caused as a result of negligence or ignorance of the above warning.
    • As part of continuous quality control and ongoing product development / improvement, product information may change over time and may not always agree with current labels during the transition period, although it will always be updated within a period of 1 month to ensure 100% accuracy, transparency and consistency.
    • All reasonable steps are taken to ensure that the information on our website, social media channels and email marketing is accurate and up-to- date. The Company does not, however, warrant that the content or information displayed is always accurate, complete and/or current.
    • The Company reserves the right to limit the quantities of any of the Goods.
    • The Goods may vary from photographs.
    • Naturally, some of the Goods may not be readily available and the Customer agrees to provide the Company with a reasonable opportunity to order and/or source the Goods.
    • Any comments uploaded by our users or any authorised experts invited as our guests are their opinions alone and do not in any way represent our views, opinions, beliefs or values.
  3. WEBSITE USE
    • The Customer agrees that it will only use this website for lawful purposes and in a responsible and co-operative manner.
    • The Customer may not, under any circumstances:
      • Use a third party’s personal information, including name, or details without permission;
      • Make any fraudulent enquiries;
      • Post or transmit to or via the website any unlawful, threatening, defamatory, libellous, obscene, indecent, inflammatory or pornographic material or any material that could give rise to civil or criminal proceedings;
      • Tamper with, hinder the operation of or make unauthorised modifications to the website;
      • Delete data from the website without the Company’s permission;
      • Knowingly transmit any virus or other disabling feature to the website;
      • Breach any third party’s rights (including intellectual property rights and obligations of confidentiality owed to third parties) or infringe any laws in any jurisdiction in using this Site;
      • Frame this Site as part of another website or cache this website for commercial benefit;
      • Commit any act that may amount to a criminal offence or civil breach of any other jurisdiction; or
      • Knowingly permit a third party to do any of the above acts.
    • Any breach of these Terms by a Customer will result in legal action being taken by the Company against the Customer.
  4. PRIVACY POLICY & INFORMATION SECURITY
    • The Customer’s privacy is very important to the Company and therefore any information that the Customer uploads to the website will be stored on a secure server. The secure server encrypts the Customer’s identity number and payment card details in order to minimise the risk of unauthorised disclosure or interception. The website makes use of ‘cookies’ which collect data about the device used to access the website. The cookies minimise the possibility of unauthorised access to, and disclosure of, all personal information.
    • The Company will not disclose, sell or rent the Customer’s personal information to third parties without the Customer’s consent, unless the Company is compelled to do so by law.
    • Whilst all reasonable efforts are taken to ensure that the Customer’s personal information and/or credit card details are protected as they travel over the internet, the Company cannot guarantee the absolute security of any of the Customer’s information exchanged with us.
    • The Customer may visit the website without providing any personal information. The website servers will in such instances collect the IP address of the Customer’s computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the website, pages viewed, etc. the Company uses this information to determine the use of the website, and to improve the content thereon.
    • To help the Customer buy Goods, the Company must provide the Customer’s credit card number to financial-services corporations such as credit-card processors and issuers.  When the Company submits a Customer’s credit card number for authorization, the Company uses state-of-the-art data encryption to protect the information.
    • No unauthorized access to the “payment pages” site will be permitted. Only the Company, as a known entity, will be allowed to direct encrypted payloads to the Payment pages.
  5. INTELLECTUAL PROPERTY AND USE OF LOGOS, CONTENT AND IMAGES
    • All rights, including copyright, trade mark and other intellectual property rights embodied in any logos, text, images, video, audio or other material on this website are owned by or licensed to the Company. All data and information communicated to or from the website including its database also belongs solely to the Company or its licensors. The Customer agrees to sign all documents as the Company may reasonably require in order to assign any rights that the Customer may acquire in the content of the website. The Customer agrees further to waive any moral rights in such content. The Customer is permitted to view, print or store electronically a copy of any information on the website, including the Terms, solely for the Customer’s personal, lawful and non-commercial use. Unauthorised use, reproduction, modification and/or distribution is strictly prohibited and constitutes an unlawful infringement of the Company’s intellectual property rights.
    • Save as aforesaid, the Customer is not permitted to use the content of the website, the Company’s logos or any product or other images that appear on the website without the Company’s prior written consent. Unauthorised use, reproduction, modification and/or distribution is strictly prohibited and constitutes an infringement of the Company’s and/or the Company’s licensors’ intellectual property rights.
  6. ADVERTISING
    • Advertising and other promotional material of third parties may appear on the website from time to time. The Company does not (unless specifically stated otherwise) endorse such third parties or their products and/or services.
    • The Customer’s reliance on any information contained in such material is entirely at its own risk.
  7. DISCLAIMERS AND EXCLUSIONS OF LIABILITY
    • Use of the website is entirely at the Customer’s own risk.
    • The Company makes no representations or warranties of any kind, whether express or implied.
    • The Company does not warrant that the functions provided by the website will be uninterrupted or error free, or that the website or the server that makes it available are free from viruses or other harmful components. The Company accepts no liability, to the extent permitted by law, for any direct, indirect, incidental, special or consequential loss or damage of any kind whatsoever or howsoever caused arising from the access or use of the website or the purchase of any of the Goods or services.
    • The Customer agrees, to the extent permitted by law, to indemnify the Company against any loss or damage suffered or liability incurred by reason of any act or omission on the Customer’s part or that of any third party acting on the Customer’s and/or the Company’s behalf in connection with the use of the website and/or the purchase of the Goods or services.
  8. COMMENTS AND USE OF DISCUSSIONS
    • The Company will not compensate the Customer in any way whatsoever for its comments, ideas, suggestions and feedback (“Comments”) Once received, the Company will not be limited in any way in the use, commercial or otherwise, of any of the Comments.
    • The Customer warrants that the Comments do not and will not violate the right(s) of any third party, including copyright, trademark, privacy or any other personal or proprietary right.
    • The Customer agrees not to disclose, submit or offer any Comments that are or contain any defamatory, unlawful, abusive or obscene material.
    • The Company will not be liable towards any third party regarding the Comments and the Customer shall remain accountable towards any third party regarding any harm caused by the Comments.
    • If the Customer uses a discussion platform on the website, it is solely responsible for its own communications, the consequences of posting those communications, and its reliance on any communications found in the discussions. The Company will not be responsible for the consequences of any communications in the discussions
    • The Customer agrees that the following actions shall constitute a material breach of these Terms
      • Using a discussion/Comment for any purpose in violation of local, state, national, or international laws;
      • Posting a discussion/Comment that infringes on the intellectual property rights of others or on the privacy rights of others;
      • Posting a discussion/Comment that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity;
      • After receiving a warning from the Company or its representatives, continuing to disrupt the normal flow of dialogue, or posting Comments that are not related to the topic being discussed;
      • Posting chain letters or pyramid schemes;
      • Impersonating another person;
      • Distributing viruses or other harmful computer code
      • Harvesting or otherwise collecting information about third parties, including email addresses, without their consent
      • Allowing any other person or entity to use the Customer’s identification for posting or viewing Comments
      • Posting the same Comment more than once or “spamming” or
      • Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the website, or which, in the sole discretion of the Company exposes the Company or any of its customers or suppliers to any liability or detriment of any type.
  1. ONLINE SHOPPING
    • Unless otherwise provided herein, the Terms contained herein apply to all purchases ordered online at www.nutricon.co.za.
    • The Customer is required to register a profile once it has placed its first order online. Please click on Register to complete the registration form. By accessing the registration platform and/or by using the Company’s online shopping website, the Customer accepts and agrees to be bound by the Terms of our website, including the additional online shopping terms below.
  2. ONLINE REGISTRATION
    • To register, the Customer will be required to provide certain information, including personal details and a delivery address.
    • When registering, the Customer will be required to choose a UserID and a password. the Customer is required to keep the password private. The Company accepts no liability for any damages suffered or losses incurred from the use or misuse of the Customer’s password. the Customer will be required to enter the user ID and password each time it visits our online shopping platform.
    • To amend any registration particulars please click on MY ACCOUNT and edit the details.
  3. PRODUCT SALES AND AVAILABILITY
    • All Goods displayed on the website are subject to availability and will be delivered only within the Republic of South Africa.
    • All prices shown on the website are quoted in South African Rands and are valid and effective only in the Republic of South Africa.
    • The Company reserves the right to discontinue or change the specifications of the Goods and services from time to time without notice.
    • The Company will inform the Customer as soon as possible if any Goods or services ordered by the Customer are not available.
    • The Company reserves the right to limit the quantity of any of the Goods offered for sale.
  1. PAYMENT AND METHODS OF PAYMENTS
    • Payment for the Goods shall be made, without any set-off, deduction or counterclaim whatsoever.
    • The Company will debit the total value of the Customer’s online order against the payment card tendered by the Customer during the checkout process. Time for payment shall be of the essence.
    • No payment shall be deemed to have been received until the Company has received cleared funds via the payment gate with a 3D Secure enabled card or Instant EFT. Only bank cards of South African banks are accepted, no foreign bank cards.
    • By submitting the order, name, ID number and payment card details, the Customer warrants that he/she is over the age of 18 (eighteen), are authorised to make payment with the payment card and that there are sufficient funds available to pay for the order.
    • All payments payable to the Company under the Agreement shall become due immediately on its termination despite any other provision or any act or proceedings which involves the solvency of the Customer.
  2. STOCK AVAILABILITY
    • If the Company is unable to supply each and every item ordered or in the quantities ordered, the Customer agrees (subject to what is contained herein) to accept delivery and make payment for the items that are correctly delivered.

 

  1. CONFIRMATION OF ORDERS
    • Orders placed online by the Customer constitutes an offer to purchase subject to these Terms.
    • The Customer’s offer is deemed to have been accepted by the Company when the Customer receives our confirmation of the order. Failure by the Company to formally confirm or notify acceptance shall not affect the validity of the sale or the enforceability thereof.
  2. DELIVERY
    • Goods will only be delivered once payment has been confirmed by the Company where after the Goods will be delivered as follows:
      • to the Customer by courier services;
      • to the Customer’s specified physical delivery address as stated on the online order form;
      • on any day from Mondays to Fridays, between 08:00 and 17:00;
      • If the Customer does not properly accept delivery, the Goods will be deemed to have been delivered and risk in the Goods will pass to the Customer (including for loss or damage caused by the Company’s negligence);
      • Any complaint of short delivery or defects discoverable on reasonable inspection must be notified to the Company within 7 days of receipt of the Goods and confirmed in writing at that time by the Customer to the Company;
      • The Company shall give credit for any defective Goods provided that clause 1.5 has been complied with and that the defective Goods have been returned to the Company, accurately identified and packaged appropriately. The Company’s liability for non-delivery of Goods shall be limited to issuing a credit note at the appropriate rate within a reasonable time;
      • Any dates specified by the Company for delivery of the Goods are intended to be an estimate and time for delivery shall not be of the essence;
      • A delivery fee may be charged by the Company;
      • No deliveries will be made on weekends and public holidays. The Company will use its best endeavors to effect deliveries within the above stated time. Whilst the Company will endeavor to ensure that Goods are delivered timeously, it shall not be responsible for any delays in the delivery of such Goods, and the Customer will not be entitled to refuse acceptance of such late deliveries;
      • Upon delivery of the Goods, the Customer or any other person to be found at the specified delivery address will sign the official delivery note or the delivery note of any authorised independent carrier which signature will constitute delivery of the Goods purchased;
      • For verification purposes, the person accepting delivery at the delivery address may be required to produce a form of identification. Any person other than the Customer who receives the products at the delivery address is presumed to be authorised to accept delivery the Customer’s behalf; and
      • Should no one be in attendance at the time of delivery, the driver of the courier service will return the products to our warehouse and leave a notice at the delivery address to this effect. The delivery service will attempt to contact the Customer in order to arrange for an alternative delivery time. The Company reserves the right to charge an additional delivery fee should it be required in the circumstances.
  1. RISK AND TITLE
    • Risk in the Goods shall pass to the Customer upon delivery.
    • Ownership of the Goods shall not pass to the Customer until the Company has received in full (in cash or cleared funds) all sums due to it in respect of:
      • the Goods; and
      • all other sums which are or which become due to the Company from the Buyer on any account.
  1. REFUNDS AND RETURNS POLICY
    • If the Customer is for any reason dissatisfied with an item purchased from the website, the Customer may return it to the Company for a full refund, replacement or exchange, provided:
      • the Customer has the original tax invoice;
      • items are returned within 6 (six) months of purchase;
      • the product has not expired within such time.
    • The decision to refund is solely at the discretion of the manager of the Customer, after having inspected the condition of the item returned.
    • The Company will not accept any returns of any Goods of which the packaging has been removed, opened or tampered with, and Goods of a personal nature due to hygiene and sanitary considerations.
  2. CANCELLATION
    • Should the Customer wish to cancel an order, the Customer may contact our Customer Services Centre on info@nutricon.co.za.
    • While any cancellation of orders will be accepted at the Company’s sole and absolute discretion and the Company provides no warranty that any cancellation of any order will be accepted, any cancellation which is accepted will only be accepted in the event that the Customer notifies the Company of such cancellation prior to the dispatch of the order in question.
    • The Company reserves the right to debit the Customer’s nominated bank card for the delivery fees in respect of any cancellations.
    • Should the Customer cancel payment for any reason or should the Customer’s nominated bank card cease to be valid for whatever reason, the Customer will be bound to pay the full purchase price, including all costs incurred by the Company relating to the recovery thereof.
    • Without prejudice to any other rights or remedies in law, the Company reserves the right to cancel forthwith any sale and/or registration in the event of the Customer’s breach of any of the Terms.
  3. PROMOTIONS & PROMOTIONAL ITEMS
    • All offers are while stocks last.
    • Promotions are only redeemable at participating stores in South Africa
    • The Company reserves the right to amend or stop a promotion at any time.
  4. COMPETITIONS
    • By entering into the Company’s competitions, the Customer agrees to the rules set out herein below.
    • The Company’s competitions are limited to residents of the Republic of South Africa.
    • The Company reserves the right to disqualify a winner if he/she does not respond to the telephone call and/or e-mail within 2 working days of being contacted or the notification being dispatched, indicating that he/she accepts the prize. In such event, the Company will be entitled to select another winner immediately thereafter.
    • If a winner cannot accept a prize for any reason, that winner will forfeit his/her prize and another winner will be selected.
    • The Company shall not be responsible for any lost, damaged or delayed or electronically corrupt entries for any reason whatsoever.
    • The Company reserves the right to disqualify any claim if any fraudulent conduct or cheating is suspected.
    • The Company reserves the right to amend these terms and conditions at any time without prior notice
  5. GENERAL
    • The Terms apply to the use of this website. By using this website, the Customer acknowledge that it has read and understood these Terms and Conditions and that the Customer agree to be bound by them.
    • The Terms, including any and all sale and purchase agreements, represent our entire agreement with the Customer and supersede all prior terms, conditions, warranties and/or representations to the extent permitted
      by law..
    • The Company may periodically update or change the Terms of this website without giving the Customer prior notice.
    • This Agreement is governed by the laws of the Republic of South Africa.
    • The Customer is welcome to browse or use the website for its own personal, non-commercial shopping and information purposes only. No other use is permitted without the Company’s prior written consent.
    • The unauthorized use, copying, reproduction, variation, modification or distribution of the content of this website, the uploading of any unlawful or damaging information or viral software, or the creation of any
      links to our website from any other site whatsoever, is strictly prohibited.
    • The Customer agrees to indemnify the Company against any loss, damage, harm, claim or any other cost whatsoever that it may sustain as a result of the Customer ‘s use of the website and/or its contents contrary to these Terms.
    • The Company reserves the right to restrict the Customer’s use and access to the website or part thereof in the event of any unauthorized use.
    • The Company reserves the right to suspend the website or any part thereof or terminate the Customer’s account at any time if the Company, in its sole discretion, determines that the Customer is not using the website in compliance with these Terms or if it is believed that the information provided by the Customer is untrue, inaccurate or incomplete.
    • Any indulgence of extension of time granted to the Customer shall not be construed as a waiver or variation of any of the Company’s rights or remedies in these Terms or law.
    • In the event that any clause contained in these Terms is invalid or unenforceable, then such clause shall not affect the validity or enforceability insofar as the remaining clauses of these Terms are concerned.
    • no amendment, variation or modification of any of the Terms shall be of any force or effect unless it is recorded in writing and signed by or on behalf of the Customer and the Company.
    • All words and phrases importing any one gender includes each of the other genders, for the purposes hereof, all words in the singular shall incorporate the plural, and any reference to a natural person shall include a juristic person, and vice versa.