Terms and Conditions

NomadX is the owner of and this is our website.

These are our legal terms, including our:

Terms of sale – which you agree to by checking a check box when you place an order through this website; and

Privacy policy – which you agree to by checking a check box when you submit your personal information through this website and apply when you visit this website. We may change any of these terms at any time by updating this web page. If you have any questions about our legal terms, please contact us.

Terms of use

Licence. We grant you a limited licence to use this website.
Breach. We may cancel your licence if you breach any of these terms.
Framing. You may not frame this website.
Capacity. You agree to these terms on the basis that you have the capacity to visit this website.
Accurate information. You promise that you will give this website only accurate information.
Ownership. We or our third party licensors own all rights in this website.
Trade marks. All our trade marks are our property and you may not use them without our permission. All other trade marks are their respective owners’ property.
Restrictions. You may not change, hire out, reverse engineer, or copy this website without our permission.
Own risk. You use this website at your own risk and we make no warranties about it.
Indemnity. You indemnify us against any liability related to your use of this website.
Direct damages limited. Our maximum liability to you for all claims for direct damages related to this website is R100.
Indirect damages. We will never be responsible for any indirect damages.

Terms of sale

Introduction. These terms cover any transactions where we provide goods to you through this website.
The parties. We are the vendor under these terms. You are the customer under these terms.
Duration. These terms commence when you accept them and continue until terminated.
Orders. You place orders with us on the following basis: you promise that you have the legal capacity to enter into the transaction; we only conclude an agreement when we dispatch our goods to you; we may cancel any order, but we will refund any money you have paid if we do; we conclude an agreement where you are domiciled; and each order is a separate agreement, but you breach all of them if you breach one.
Goods. We sell the goods to you on the following basis: you will bear the cost and we will choose the way of packaging and delivering the goods unless agreed otherwise; we will do our best to dispatch the goods as soon as possible after you have placed an order, but we are not liable and you may not cancel an order if we do not do so timeously; risks related to the goods pass to you on delivery; ownership in the goods passes to you on payment of the fees in full; and you have the same rights against us as we have against our suppliers in terms of any warranty attached to the goods or imposed by law.
Your data. You own all your data. When you enter your data into the system, you give us a licence to use it to provide the goods. We are not responsible for any of your data stored on our system.
Intellectual property. We may own intellectual property rights in our goods and you may not use those rights without our permission. We may prosecute you for any violations of our proprietary rights.
Disclaimer. We disclaim all warranties to the extent allowed by applicable law. We are not liable for any defect that you cause.
Fees and payment. You will pay us the fees on the due date. You may not withhold payment of any amount due to us for any reason.
Direct damages limited. We are only liable to you for any direct damages that the goods may cause up to the total amount of fees that you have paid us for them.
Indirect damages excluded. We are not liable for any other losses that the goods may cause you.
Breach. Please don’t breach your obligations under this agreement. If you do, we have certain rights against you in terms of the law.
Termination. We may need to terminate this agreement immediately under certain unlikely circumstances, including if we discontinue the goods, believe providing the goods could burden or pose a risk to us, have to terminate to comply with a law, or providing the goods has become impractical. If we need to terminate, we will give you as much notice as possible in writing.
Resolving disputes. We want to avoid disputes about this agreement and resolve them as quickly as possible. But if there is one, either party may inform the other of it in writing. The parties must first try to negotiate to end the dispute, then enter into mediation if negotiation fails, and finally go to arbitration if mediation fails.
Notices and domicile. We want to communicate with you effectively about this agreement. For this reason, the parties will send all notices to each others’ email addresses and choose their respective street addresses as their service addresses for all legal documents. The parties may change either address on 14 calendar days written notice to the other.
Force majeure. Things may happen that prevent you or us from complying with each of our obligations under this agreement. Neither party is responsible for breach of this agreement caused by circumstances beyond its control, but the other party may cancel the agreement on written notice to the other if the circumstances persist for more than 60 calendar days.
Entire agreement. The agreement is the entire agreement between the parties on the subject.
Changes. If we change this agreement by updating this web page, any changes will only apply to future orders.
Governing law. South African law governs this agreement.
Jurisdiction. You consent to the jurisdiction of the Magistrate’s Court. Privacy policy

Purpose. This policy describes the way we handle your personal information.
Personal information. Personal information includes information we collect: on submission when you place an order; and automatically when you visit this website.
Acceptance. You may not order any of our goods if you do not accept this policy.
Collected on submission. We collect your contact details and delivery address when you place an order.
Collected automatically. We collect your Internet usage information when you visit this website.
Purpose for collection. We may use any of your personal information that you provide to us for the purposes that you indicated when you agreed to provide it to us.
Consent to collection. We will get your consent to collect your personal information in accordance with applicable law when you provide us with it.
Use. We may use your personal information to fulfil our obligations to you.
Sharing. We may share your personal information with third parties for the purposes of fulfilling our obligations to you.
Disclosure. We may disclose personal information to third parties if required for legal reasons.
Security. Our website is hosted on a secure server and uses security measures to prevent interference by intruders.
Retention. We will only retain your personal information for as long as is necessary.
Transfer. We may transfer your personal information outside South Africa to a foreign country.
Updating or removing. You may choose to update or remove the personal information you have submitted to us by contacting us.
We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error.

Pricing

Prices and product availability are subject to change without notice. All specials and promotions are limited to stock on hand. NomadX is not responsible for typographical or system errors and we make every effort to ensure the accuracy of the information published on our website. The information published on this website may contain technical inaccuracies or errors. If an error is made and a product is listed at an incorrect price, NomadX shall maintain the right to refund or cancel orders placed at the incorrect price. If the order has been confirmed and charged to your credit card, NomadX shall immediately issue a credit in the amount of the incorrect price. We reserve the right to limit quantities on promotion products.

Promotions

NomadX may offer printed or digital discount coupons or codes from time to time. These coupons or codes may be available through the website and/or from third-party websites, in magazines and other media. Coupons can be used to secure a discount on the site as long as the coupon is valid. Given expiry dates cannot be moved. Coupon codes can only be used once per customer.

In other words:

Every time we offer a promotion or discount, send you a voucher or run a competition, we are obliged by law to publish the terms and conditions on the NomadX website, meaning right here. Please check these for details of exclusions, closing dates and refunds on returns.

Promotional coupons

Promotional coupons are issued at NomadX discretion. Users don’t have the right to promotional coupons and can’t earn them.

Promotional coupons are issued with specific terms and conditions that regulate how and when they can be used. For example, certain coupons may be product specific in that they are only valid against a selected group of products. Exclusions may also exist with certain coupons e.g. not valid on items in the Sale category. The onus is on the shopper to check the full coupon T&Cs to ensure they understand the coupon’s applications and limitations.

In general, unless otherwise specified on the coupon itself: a coupon is only valid for 30 days from date of issue. A coupon can only be used against a purchase on the site when the purchase meets the terms and conditions as specified on the coupon.

Only one coupon can be used per shopping cart. Coupons are not transferrable and cannot be exchanged for cash. The discount value of the coupon will be deducted from the total amount in your shopping cart. The remaining balance, if any, must be paid by you.

Should you wish to return an item you have purchased using a coupon:

If you have redeemed a coupon against a purchase, and you’d like to return all items purchased, NomadX will refund you or credit your account with the rand value of the purchase. Please refer to the specific terms and conditions on the coupon for information on whether it will be reinstated and the terms that will apply.
If you have used a coupon against a purchase and then return some of the products purchased, NomadX will apportion the value of the coupon across the relevant items in the cart and then refund you the relevant rand amount based on the items being returned.
If you have used a coupon against a purchase and then return some of the products purchased, NomadX will recalculate the total value of your purchase AFTER the returned product(s) has/have been deducted. If the recalculated purchase value no longer meets the terms and conditions associated with the coupon, NomadX reserves the right to deduct the value of the coupon off the refund for the returns, or, should you have loyalty points in your NomadX account, to debit the value of the coupon off your account balance.

Order value must exceed R2000 after discount for free delivery.

Promotional coupons cannot:

Be used to buy gift vouchers

Be exchanged for cash

Be transferred to anyone else

Be used after the expiry date which is, unless otherwise specified, 30days from date of issue

Be used together with any other promotion, including against items in the Sale category, items already on sale or items discounted as part of another promotional offer.

Be used more than once per customer.