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Terms & Conditions

GENERAL SALES TERMS AND CONDITIONS

Dear web surfer, before you make a purchase, carefully read these terms and conditions as they regulate the contractual relations to purchase items on the www.nomination.com website (here-under also referred to as “the website”). Should you have any doubts on the sales terms and conditions, please contact us at the following email address: southafrica@nomination.com.

1. GENERAL INFORMATION AND SELLER'S DETAILS

1.1 These General Terms and Conditions regulate the on-line sale of the Nomination items on the www.nomination.com website managed by Treger Group, legal offices in Wynberg, Sandton.

2. PRODUCT INFORMATION

2.1 The distinctive features of the products on sale on www.nomination.com are shown on the technical chart available on the website and viewable before purchasing each product. A further short description of product main features is also provided next to the image of each viewed product. Nomination reserves the right to change product descriptions in the above-mentioned technical charts at any time. Product images published on the website represent items on sale as accurately as possible. Nonetheless, product colors and/or sizes may differ from the actual items due to the browser or screen used during website surfing. Nomination shall not be responsible for possible unsuitability of images or colors of the items due to the above-mentioned technical reasons. To the purposes of the sales contract, the product shall be attested exclusively by the Product description in the on-line technical chart available on the purchase date.

3. PRICES

3.1 The prices of the items are in ZAR, VAT included, less possible shipping costs. Shipping costs are reported on the “Shipping and Costs” website section and shall be communicated to the client upon cart summary viewing. Nomination reserves the right to change the terms stated in the “Shipping and Costs” section at any time; it being understood that the shipping cost charged to the client shall be the same shown on the order summary upon order placement. The price of products on sale on the website may differ depending on the country and be listed in the local currency.

3.2 Nomination reserves the right to change the price of products at any time and without notice; it being understood that the price charged to the client shall be the same shown on the website upon order placement.

4. SALES AND PAYMENT TERMS, AND CONTRACT DRAW UP

4.1 To purchase one or more Items, customers shall fill in and submit to Nomination an electronic Purchasing Order (having the same value as a binding contract offer) listing the information on the main features of each Item ordered and relevant price, payment method selected, delivery method and shipping costs. Before submitting their order, customers may check the details typed and correct possible filling mistakes. At the moment of the conclusion of the order, and before submitting it, customers shall be asked for a confirmation of the acceptance of these general sales terms and conditions, failing which the order shall not be complete.

4.2 The sales order shall be filed in our data bank for the time needed to process the order and for administrative purposes, in any case as prescribed by law.

4.3 Only the following payment methods shall be accepted:
a) All credit cards within the Visa, Mastercard and American Express circuits.
b) Zapper - Choose this payment method if you wish to pay using Zapper
c) I-Pay- Instant EFT payments. You will be required to select your bank and your internet banking login details.
d) PayJustNow - South Africa’s risk-free, #zerointerest payment solution. PayJustNow offers you 3 equal interest-free installments. Please visit their website for credit terms and conditions.

4.4 Upon receipt of your order Nomination you will be sent an automatic confirmation of your order entering our system. This email of acceptance of Purchase contains a reference to the previously accepted Terms and Conditions and a complete recap of your purchase.

Nomination may decide to stop the processing of the purchasing order in the following cases: (a) incomplete or incorrect orders; (b) in the event the Items are not available (not available at the moment of the order or no longer on sale); (c) incorrect credit card details and/or denied authorization to debit the card. In these events, Nomination shall email customers notifying that the contract has not been concluded, listing the reasons and providing possible reimbursements.

4.5 Credit card details shall be treated with utmost confidentiality. Nomination is not responsible for possible card fraud on the part of third parties. In any event, for additional assurance, Nomination reserves the right to cancel the transaction and/or ask for further information or documents in the event of suspicious card fraud.

4.6 Nomination reserves the right to reject an order in the event Nomination’s bank is not able to obtain an inspection on the part of the customer’s bank, or in the event the customer’s bank details are incomplete.

5. ORDER PROCESSING AND SHIPPING

5.1 Orders shall be shipped by Nomination, C/O Treger Group, through Friday from 10.00 to 16.00 pm. Items ordered on the weekend and on holidays shall be processed on the following working day.

5.2 Orders of articles available in the warehouse shall be shipped within 7-10 working days as of the moment of the order. Shipping of articles temporarily out of stock will  be ordered from the Nomination factory in Italy, and could take up to 6 weeks. In some periods of the year, possible delays in the delivery may occur due to organizational problems or to personnel shortage; possible delays shall be notified by email.
In the event articles are not delivered within the 6 weeks, customers shall contact the Customer Service by email requesting delivery within a reasonable additional term in consideration of circumstances. Failing delivery within said additional time, customer is entitled to cancel the contract.

5.3 The shipping shall be couriered through Courier IT, The Courier Guy, Dawn Wing or RAM Couriers standard shipping. Upon scanning the shipment into the hub, customers shall receive a second email from us confirming the order and tracking number to follow the shipping at all times.

5.4 The shipping shall be delivered at the address submitted in the field “shipping address” in the purchasing order.

5.5 Nomination ships to South Africa, Botwana, Zimbabwe and Namibia.

5.6 There are no shipping costs for orders equal to or over R750; for orders under R750 a payment of R70 is required for shipments to South Africa.
All international orders will be subject to a R499 shipping fee.

Your order summary shall show any possible shipping costs. Possible custom duties and taxes shall be at the customer's charge.


5.7 Customers shall check the items immediately at the time of the delivery and report possible anomalies and/or tampering and/or damage directly on the courier’s delivery paperwork, and later, report to Nomination’s email address: southafrica@nomination.com.

5.8 Customers shall report any undelivered items within 8 days of receiving the delivery email notification by sending notice to southafrica@nomination.com in order to allow Nomination to file a prompt complaint with the courier service. Once this deadline has passed, the shipment is considered correctly received unless proof is provided which shows it was objectively impossible to adhere to the given deadline. Customers shall also report any damage found on the packaging and/or on the goods contained therein by sending a notification to southafrica@nomination.com.

5.9 Nomination is not responsible and shall not be liable for missing contents from the package in the case that the same arrives perfectly sealed and shows no signs of tampering.

6. FORCE MAJEURE

6.1 Nomination reserves the right to postpone the shipping in the event of circumstances beyond its control.
Therefore, Nomination shall not be responsible in the event of total or partial breach of the obligations listed in this agreement, should such breach be due to force majeure, including but not limited to acts of God, terrorism, wars, insurrections, black outs, general strikes and/or restrictions in terms of road conditions and air traffic.

7. ITEMS GUARANTEE

7.1 All the items available on www.nomination.com are guaranteed against manufacturing defects and compliances within two years of the delivery. Each item is shipped with its certificate of guarantee. Customers have the right to free repair or replacement or, failing them, to price reduction or contract cancellation. Legal guarantee does not cover possible differences, defects, defective items and/or malfunctioning due to accident or to customers' liability or to any misuse of the product. For any warranty claim, customers must show proof of purchase in the form of payment receipt showing purchase date.

7.2 Should customers notice a flaw in the items purchased from Nomination while the legal guarantee is valid, they should email the Customer Service at southafrica@nomination.com, including their personal details (first and last name, address for collection of the product) and the order number. Nomination will arrange collection of goods and new shipment at its own charge.

8. RIGHT OF TERMINATION

8.1 Customer satisfaction is our main goal.

Should, for any reason, customers be unhappy with their purchase, they have the right to terminate this agreement within 30 working days of the receipt of the items ordered. In case of a multiple purchase into one order, the term will become effective from the date of receipt of the last item. The right of termination does not apply in the case of any made-to-measure or custom-made products (exception made for the bracelet of the “Composable” collection whose customization does not influence the right to terminate as provided in this paragraph). To exercise the right of termination, customers must apply for authorization through the Returns Procedure and/or send any other explicit declaration to southafrica@nomination.com. In case this option is selected, Nomination shall immediately confirm receipt of contract termination notice by email.

To meet the right of termination deadline, it suffices that customers send their communication before the termination term expires (within 30 days of date of receipt of ordered merchandise).

As a result of the termination, all payments made by Customers to Nomination shall be reimbursed, including standard delivery costs if any, (with the exception of supplementary costs due to your choice of a delivery method that costs more than the Nomination standard delivery service) without undeserved delay and in any case within 14 days of receipt of Customer's contract termination notice. Said reimbursements shall be paid by the same means of payment used by the Customer for the initial transaction, unless otherwise agreed with the customer. In any case, customer shall not bear additional costs as a result of said reimbursement.
In any case, reimbursement shall be suspended until receipt of returned merchandise or until proof has been supplied by the customer that goods have been shipped.

Clients are kindly requested to return merchandise to:

Nomination Online Returns
C/O Treger Group
26, 6th Street, Wynberg
Gauteng, 2090

without undeserved delays and in any case within 14 days of receipt of the Return Authorisation sent by Nomination. The term is considered as observed if customers return merchandise before the 14 day term expires. In consideration of the nature of Products, customers must return merchandise by courier or registered mail, so that they can be entitled to refund in case of stolen or lost items.
Return fees are at the clients' charge.
Customers are responsible for diminished value of merchandise only in case of misuse aiming at understanding the nature, features and functioning of products.
Customers shall be contacted by the Customer Service if returned items do not comply with the conditions set forth below at following article 8.2 and summarized by the on-line Returns Procedure. In such a case, clients may choose if they prefer to accept the deduction from refund equal to the diminished value of returned merchandise or receive purchased merchandise back at their charge. Should clients refuse product replacement, Nomination shall hold the merchandise and the amount calculated as diminished value of returned products.

8.2 Further to the return procedure, notified as required by preceding article 9.1, and upon receipt of the return request by Nomination, Nomination will send the client a written confirmation by email with a Return Authorization Number. The Return Authorization must be printed and attached to the article. Failing the above-mentioned authorization, Nomination shall not authorize return of merchandise for any reason.

8.3 Returned article must fulfill the following conditions:
1. it must not have been used, worn, washed
2. the packaging must not show signs of wear, abrasions or scratches.
3. the product must be accompanied by the warranty attached and all labels, packaging and original accessories.

8.4 Nomination shall not accept returned items should the latter fail to comply with the terms and conditions provided for in Nomination’s return policy. Moreover, please remember that Nomination shall not accept return of items in the following events: a) theft or loss of the item during the return procedure; b) return of used or damaged item(s).

9. APPLICABLE LAW AND COURT OF JURISDICTION

9.1 The purchase and sales agreement entered through the www.nomination.com website is regulated by the Italian law.

9.2 For the settlement of any dispute arising from the interpretation and/or implementation of these General Sales Terms and Conditions, and on this purchase deed, the Court where the customers reside or have elected their domicile will have exclusive jurisdiction.

9.3 For the settlement of any dispute relating to this Sales Contract and arising between the parties, an amicable composition may be preemptively promoted according to the mediation procedure, also available on-line and ruled by the Conciliation Service provided by the Chamber of Commerce of Florence, registered in the Register of Conciliation Bodies with the Ministry of Justice.

10. COMPETENTE CONDITIONS

10.1 Nomination reserves the right to amend and/or supplement these general Sales Terms and Conditions at any time. Possible amendments and/or additions shall be effective as of the date of the publication of the amendments and/or additions on www.nomination.com

Sunday,Monday,Tuesday,Wednesday,Thursday,Friday,Saturday
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