TERMS AND CONDITIONS: LV NUTRITIONAL PRODUCTS (PTY) LTD
This website can be accessed at www.lvnutrition.co.za and is owned and operated by LV Nutritional Products (Pty) Ltd (Pty) Ltd. The website enables you to shop online for a range of nutraceuticals (“goods”). The Terms and Conditions govern the ordering, sale and delivery of the goods, and the use of the website.
These Terms and Conditions are binding and enforceable against every person that accesses or uses this website, including without limitation each user who registers as contemplated (“registered user”). By using the website and by clicking on the “Register Now” button on the website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted. Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, in terms of the Consumer Protection Act. By using this website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this website if you do not agree to the Terms and Conditions. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask LV Nutritional Products (Pty) Ltd to explain it to you before you accept the Terms and Conditions or continue using the website.
Standard returns policy
This Policy forms part of the Terms and Conditions. We want you to be happy with your purchase. You can therefore return goods to us in line with this policy and we will replace it, or credit your account.
You can return a product which you did not order to us at no charge by logging a return on the website within 7 days of delivery to you of the unwanted product. We will arrange to collect the product from you at no charge.
Should a product be damaged or defective at the time of delivery, please notify us within 7 (seven) days of such delivery by logging a return on the website. We will arrange to collect the product from you at no charge. Once we have inspected the product and validated your return, we will at your choice replace the product as soon as possible or credit your account with the purchase price of the product (or refund you if that is your preference). If the replacement takes longer than 21 days, we will get in touch with you to see if you would rather receive a refund. Please note that we only refund to the payment method that you originally used, payment by credit card will be refunded to the same credit card
Unfortunately, we cannot facilitate returns that fall outside of a 30 (thirty) day period.
To ensure your request is processed as quickly as possible you are responsible to package your goods safely and securely for protection during transit; clearly mark your return reference number on the outside of the parcel. Failure to adhere to any of these requirements could delay the processing of your request.
Registration and use of the website
Only registered users may order goods on the website. To register as a user, you must provide a unique username and password and provide certain information and personal details to LV Nutritional Products (Pty) Ltd.
You will need to use your unique username and password to access the website in order to purchase goods. You agree and warrant that your username and password shall be used for personal use only and not be disclosed by you to any third party.
For security purposes you agree to enter the correct username and password whenever ordering goods, failing which you will be denied access. You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you within 3 (three) days. You agree to notify LV Nutritional Products (Pty) Ltd immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
By using the website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. You may not use the information contained in the website without the express prior written consent of an authorised LV representative.
Conclusion of sales and availability of stock
Registered users may place orders for goods, which LV Nutritional Products (Pty) Ltd may accept or reject depending on the availability of Goods and receipt of payment or payment authorisation for the Goods.
LV Nutritional Products (Pty) Ltd will process your order within 3 (three) working days after all required information has been received and confirm delivery by way of a tracking company waybill number which will indicate the acceptance of your order. LV Nutritional Products (Pty) Ltd will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
Prior to delivery of the goods, you may cancel an order at any time although such cancellations will attract a 5% (five percent) administration fee. After delivery, you may return the Goods only in accordance with the Returns Policy.
Placing Goods in a wish list or shopping basket without completing the purchase cycle does not constitute an order for such goods. Goods may be removed from the shopping basket if stock is no longer available or the price thereof changed without notice to you.
Goods may not be purchased for resale. Should we suspect that any such goods are being purchased for sale, we are entitled to cancel your order immediately on notice to you.
We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
Payment can be made by debit card or credit card. Where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If you pay by direct bank deposit or electronic funds transfer, payment must be made immediately on placing your order. Once you have selected your payment method, you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods. LV Nutritional Products (Pty) Ltd will not accept your order if payment has not been received.
You may contact us to obtain a full record of your payment. We will also send you email communications about your order and payment.
Shipping and delivery
You may elect delivery by courier or self-collection. You will see the applicable delivery charges in your cart when you check out. Note that our delivery charges are subject to change.
After acceptance of your order, LV Nutritional Products (Pty) Ltd will deliver the goods to you as soon as reasonably possible, but no later than 30 (thirty) days of receipt of your payment. We will notify you if we are unable to deliver the Goods within 30 (thirty) days. You may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the goods. If you elect to cancel your order, we will reimburse you for the purchase price.
LV Nutritional Products (Pty) Ltd’ obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order. LV Nutritional Products (Pty) Ltd is not responsible for any loss or unauthorised use of a product, after it has delivered the product to the physical address nominated by you.
We respect your privacy and will take reasonable measures to protect it, as more fully detailed below.
Should you decide to register as a user on the Website, we may require you to provide us with personal information which includes but is not limited to your name and surname; email address; physical address; gender; mobile number; and date of birth. Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update your personal information.
You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
We will not, without your express consent use your personal information for any purpose other than in relation to the ordering, sale and delivery of goods; marketing (unless you have opted out); or to improve our product selection and your experience on our Website.
We will not disclose your personal information to any third party other than:
- our employees who interact with you via our Website, email or any other method, for the ordering of goods or when delivering goods to you;
- law enforcement, government officials, fraud detection agencies or other third parties when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity, or to investigate violations of these Terms and Conditions
- our service providers who may only use your information in connection with the services they perform for us and not for their own benefit;
- if required in order to comply with any applicable law, subpoena, order of court or legal process served on us, or to protect and defend our rights or property.
We will ensure that all of our employees and service providers with access to your personal information are bound by appropriate and legally binding confidentiality obligations in relation to your personal information.
Ratings and reviews:
When you provide a rating or review of goods, you consent to us using that rating or review as we deem fit, including without limitation on the website, in newsletters or other marketing material. The name that will appear next to that rating or review is your first name, as you would have provided upon registration. If you do not agree to this, please do not put any ratings or reviews on the website. We will not display any other details with a rating or review.
We will take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access. We will promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information. Upon your request, we will promptly return or destroy any and all of your personal information in our possession or control, save for that which we are legally obliged to retain.
Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession or made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.
Changes to these Terms and Conditions
LV Nutritional Products (Pty) Ltd may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use the website. Any such change will only apply to your use of this website after the change is displayed on the website. If you use the website after such amended Terms and Conditions have been displayed on the website, you will be deemed to have accepted such changes.
Ownership and copyright
The contents of the website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trademarks, designs and service marks which are displayed on or incorporated in this website are protected by law, including but not limited to copyright and trade mark law. The website content is the property of LV Nutritional Products (Pty) Ltd. You will not acquire any right, title or interest in or to the website or the website content.
The use of the website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the website or reliance on any information on the website although LV Nutritional Products (Pty) Ltd takes reasonable measures to ensure that the content of the website is accurate and complete.
The website itself and all information provided on the website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
LV Nutritional Products (Pty) Ltd also makes no warranty or representation, whether express or implied, that the information or files available on the website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way.
Availability and termination
We will use reasonable endeavours to maintain the availability of the website, except during scheduled maintenance periods, and are entitled to in our sole discretion suspend, modify or terminate the website or any part thereof with or without notice to you.
If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment for any Goods, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the website without any prejudice to any claims for damages or otherwise that we may have against you.
You may choose to stop using the website at any time, with or without notice to LV Nutritional Products (Pty) Ltd.
Governing law and jurisdiction
These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
Nothing in this Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the Consumer Protection Act.
LV Nutritional Products (Pty) Ltd hereby selects 15 Liebenberg ,Eastleigh, Edenvale, 1609 as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). LV Nutritional Products (Pty) Ltd may change this address from time to time by updating these Terms and Conditions.
You hereby select the delivery address specified with your order as your legal address, but you may change it to any other physical address by giving LV Nutritional Products (Pty) Ltd not less than 7 (seven) days’ notice in writing.
Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. Notices sent:
- by hand will be deemed to have been received on the date of delivery;
- by prepaid registered post, will be deemed to have been received 10 (ten) days after the date of posting;
- by telefax before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the telefax. All telefaxes sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day; and
- by email will be deemed to have been on the date indicated in the “Read Receipt” notification. All e-mail communications must make use of the “Read Receipt” function to serve as proof that an email has been received.
If you have a complaint about the goods or services provided by us or require information regarding our internal complaints-handling process, please get in touch with us via our website or you can contact our call centre on 011-452-8892/3/5
If we don’t resolve your complaint within 15 (fifteen) business days of you having notified us of it, you are entitled to approach the Consumer Goods and Services Ombud (“CGSO”), to assist in resolving the dispute. The CGSO’s contact details are: Website: http://www.cgso.org.za/ Sharecall: 0860 000 272 Email: firstname.lastname@example.org
For the purposes of the Electronic Communications and Transactions Act (ECT Act), LV Nutritional Products (Pty) Ltd information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the website:
Full name: LV Nutritional Products (Pty) Ltd (Pty) Ltd, a private company registered in South Africa with registration number 2013/122573/07
Main business: Online retailer
Physical address for receipt of legal service (also postal and street address): 15 Liebenberg ,Eastleigh, Edenvale, 1609 (marked for attention: MD and Legal)
Office bearers: Anya Viljoen.
Phone number: +27 83 748 2230
Email address: email@example.com
The manual published in terms of section 51 of the Promotion of Access to Information Act 2000 (PAIA) may be downloaded from here.
You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
Any failure on the part of you or LV to enforce any right in terms hereof shall not constitute a waiver of that right.
If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
These Terms and Conditions contain the whole agreement between you and LV Nutritional Products (Pty) Ltd and no other warranty or undertaking is valid, unless contained in this document between the parties.