1. Website Terms
and Conditions of use:
These Terms and
Conditions govern your (“the User”) use of the Nicki Toys website
located at the domain name www.nickitoys.co.za (“the Website”).
By accessing and using the Website, the User agrees to be
bound by the Terms and Conditions set out in this legal notice.
If the User does not wish to be bound by these Terms and Conditions,
the User may not access, display, use, download, and/or otherwise
copy or distribute Content obtained at the Website.
2. Updating these
Terms and Conditions:
reserves the right to change, modify, add to or remove from portions
or the whole of these Terms and Conditions from time to time. Changes
to these Terms and Conditions will become effective upon such changes
being posted on the Website. It is the User’s obligation to
periodically check these Terms and Conditions at the Website for
changes and updates. The User’s continued use of this Website
following the posting of changes or updates will be considered notice
of the User’s acceptance to abide by and be bound by these Terms
and Conditions, including such changes or updates.
3. Limitation of
The Website and
all Content on the Website, including any current or future offer
of products or services, are provided on an “as is” basis, and may
include inaccuracies or typographical errors. Nicki Toys
makes no warranty or representation as to the availability, accuracy
or completeness of the Content. Any use of the Website takes
place at the sole risk of the User and Nicki Toys shall not
be held responsible for any direct or indirect special, consequential
or other damage of any kind whatsoever suffered or incurred, related
to the use of, or the inability to access or use the Content or
the Website or any functionality thereof, even if Nicki Toys
is expressly advised thereof.
4. Credit Cards:
The User indemnifies
Nicki Toys against liability for any loss or damages which
the User may suffer due to credit card fraud committed as a result
of any orders submitted by the User and the execution thereof by
5. Choice of Law:
This Website is
controlled, operated and administered by Nicki Toys from its
offices as set out below within the Republic of South Africa. Nicki Toys makes no representation that the Content is appropriate
or available for use in other locations and countries. Access
to the Website from territories or countries where the Content is
illegal is prohibited. The user may not use the Website in
violation of South African export laws and regulations. If
the user accesses the Website from outside of South Africa, that
user is responsible for compliance with all local laws. These
Terms and Conditions shall be governed by the laws of the Republic
of South Africa, and the User consents to the jurisdiction of the
Magistrates Court of Worcester, Republic of South Africa in the
event of any dispute. Nicki Toys however reserves the right
to institute legal action in the High Court of South Africa. If
any of the provisions of these Terms and Conditions are found by
a court of competent jurisdiction to be invalid or unenforceable,
that provision shall be enforced to the maximum extent permissible
so as to give effect to the intent of these Terms and Conditions,
and the remainder of these Terms and Conditions shall continue in
full force and effect. The Terms and Conditions therefor are
divisible. These Terms and Conditions constitute the entire agreement
between Nicki Toys and the User with regard to the use of the
Content of this Website.
6. Trademark Notice:
The trademark displayed
on this site is the registered trademark of Nicki Toys and
it may not be used without the written consent of Nicki Toys.
Misuse of the trademark displayed on this site is strictly
prohibited and in contravention of all relevant laws.
7. Conditions of
7.1 Product availability:
Should any product
not be available on order, the User will be informed immediately
of such unavailability and Nicki Toys shall effect such order
as soon as possible. In the event of Nicki Toys informing
the User that the product ordered is not immediately available and
the order is not effected within a reasonable time as advised by
Nicki Toys, the User may cancel the order.
Delivery will take
place within 14 (fourteen) working days of the order and availability
thereof being confirmed by Nicki Toys to any address within
the Republic of South Africa, subject to the conditions of clause
7.1 above. Nicki Toys will not be liable for any damages suffered
should the product be delivered late due to circumstances beyond
the control of Nicki Toys.
7.3 Return Policy:
Should the User
not be satisfied with the delivered product, a sealed sample of
the product may be returned to Nicki Toys within 3 (three)
months of delivery.
7.4 No cancellation
and no refund:
Save as provided
for in clause 8.1 above, Nicki Toys will not accept any cancellation.
Under no circumstances will a refund be payable.
reserves the right to change the price or cost of all products and
services without prior notice as set out in clause 2 thereof.
7.6 Products and
Products and services
advertised on the Website do not constitute an offer to purchase
but are merely invitations by Nicki Toys to do business. Any
order submitted will be effective only upon acceptance of such order
by Nicki Toys.
Orders shall only
be effected once payment has been made.
8. Contact details:
In the event that
you need to contact Nicki Toys for purposes related to these
Terms and Conditions, please use the following:
Telephone: +27 23-347 0197
© Nicki Toys