Terms & Conditions

Niche Living

Terms and Conditions

Niche Living

Niche Living (PTY) Ltd is an e-commerce retailer which offers premium branded products to the end user. This website can be accessed at https://nicheliving.co.za and https://shop.nicheliving.co.za and is owned and operated by Niche Living (PTY) Ltd (“Niche Living (PTY) Ltd”, “we”, “us” and “our”). The Niche Living (PTY) Ltd website enables you to shop online for a selection of exquisite premium brands and products designed for your home and living pleasure.
The following terms and conditions govern the ordering, sale and delivery of goods, and then use of the Niche Living (PTY) Ltd website.
These terms apply to the exclusion of all other terms and conditions, including any amended terms and conditions which are available on the Niche Living (PTY) Ltd website. These terms can only be amended if they are written down and signed by an authorised representative of Niche Living (PTY) Ltd and may be amended from time to time.
Product Specifications, Test Data and Features and Benefits of all products have been extracted verbatim from OEM Product Sites and as a result Nicheliving.co.za will not be held liable for any inaccuary or misrepresentation of such information.
In reference to point 4 above, this extract is reflective to content displayed on the OEM Website at the time of us listing this product.
Niche Living (PTY) Ltd is a SARS VAT Registered Entity - Vat No 4560296487

Purchase Orders
1. Submit an email showing proof of transfer to Niche Living (PTY) Ltd.
2. Niche Living will process your order request only once the due amount reflects in the Niche Living (PTY) Ltd bank account.

By submitting a purchase order for any goods, you acknowledge that you have received and accepted these Terms and Conditions.
The range of products available for purchase from Niche Living (PTY) Ltd can be viewed on the Niche Living (PTY) Ltd website, at https://nicheliving.co.za and https://shop.nicheliving.co.za.
As a customer, you will pay the purchase price for each product set out in the Niche Living (PTY) Ltd website.
Your purchase order process will depend on whether you use a credit card or electronic fund transfer (EFT) to pay for your purchase.
The purchase order process for an electronic fund transfer (EFT) customer is as set out hereunder:

If You are a credit card customer:

We will process your order and send to you an order acknowledgement.
We will process your order for dispatch and delivery.
Please note that Niche Living (PTY) Ltd prides itself on customer security and we will not process your order if there is suspicion of fraud. This may result in a delay until the matter is resolved.

2.6. eBook Purchase Orders

2.6.1 An “eBook” is an electronic book that can be accessed and read on your PC or Mac computer using Adobe Reader. Your access to any eBook purchased by you from Niche Living (PTY) Ltd will be granted via a link.

2.6.2. You will not be able to read eBooks on devices that do not support the Adobe Reader application, therefore you will need check your device before purchasing an eBook. It is also important to note that eBooks will only be able to be read on devices that are associated with your profile in the relevant Adobe Reader Application. You will only be able to read the eBook on the device onto which it was first downloaded unless you have registered Adobe Reader with multiple devices. An internet connection is required when you download an eBook and open it for the first time. Thereafter you will not need to be connected to the internet, on condition the eBook is opened from the device on which you first downloaded and opened the eBook.

2.6.2. When ordering an eBook from Niche Living (PTY) Ltd, you will be ordering the right to download the specific eBook from the publisher. Once Niche Living (PTY) Ltd accepts your order, we will obtain your link to the relevant eBook from the relevant eBook publisher and deliver the link to you via the email address provided upon purchase.

2.6.3. In the attempt to limit the risk of fraud, our eBook publishers limit the number of times the link can be clicked before access to the link is blocked.

2.6.4. Note that the link will not appear if you have removed it and Niche Living (PTY) Ltd can assume any responsibility thereof.

2.6.5. Niche Living (PTY) Ltd does not guarantee that the eBook publishers will make their eBooks available for download indefinitely and Niche living (PTY) Ltd accepts no responsibility or liability to you or any other person if the relevant eBook publisher no longer has the eBook available for download. If discovered, please report the problem within 6 months of your receipt of the purchase and you will be entitled to a full refund of the purchase price paid thereof.

2.6.6. We do not charge any delivery fees for electronic delivery of the relevant eBook links, however, you may incur costs (eg internet service provider fees) associated with downloading the eBook, and we will not under any circumstances be liable for any such costs incurred to you.

2.6.7. The Link will contain your unique reference number as allocated by the publisher of the eBook. By clicking on the Link, a small locator file, unique to you, will be downloaded and will give you access to the eBook.

2.6.8. The locator file required in order to access the eBooks will only be downloaded if the device you are using to click the link is already associated with the relevant Reader Application.

2.6.9. If you have any problems relating to the functionality of your link, please immediately report to us so that we can assist you in resolving the problem.

2.6.10. Returns of eBooks: Please refer to our Refunds Policy.

2.6.11. Illegal use of eBooks: All eBooks are the exclusive property of the publisher or its licensors and are protected by copyright and other intellectual property laws. The download of eBooks is intended for your personal and non-commercial use. Any other use of eBooks purchased from us is strictly prohibited. You may not modify, publish, participate in the transfer, reproduce, distribute, perform, display, or in any way exploit, any of the content of eBooks, in whole or in part, and more specifically, you will not print, copy, or share eBooks to any other person.

You may also not do anything which otherwise contravenes any licence conditions imposed by the publisher.

2.6.12. By downloading any eBook, you hereby acknowledge and agree to these Terms and Conditions. You hereby indemnify Niche Living (PTY) Ltd from any and all loss, damage, or expense it may suffer or from claims which may be made by third parties against Niche Living (PTY) Ltd which arise from or in relation to you having participated in any Illegal Activities in relation to any eBook sold by Niche Living (PTY) Ltd.

2.7. Sale of Televisions

2.7.1. Television Orders will only be released and despatched to customers on presentation of positive proof of identity and a valid paid up television licence.

2.7.1.1 Customers will be required to provide proof of Identity and proof of residential address via email to info@nicheliving.co.za post conclusion of transaction.

2.7.1.2 In the event that tv licence validation is successful, order processing will continue;

2.7.1.3 In the event of a failed verification, this will be communicated to customer for remedy. Should customer not wish to remedy licence status, customer transaction will be refunded.

2.7.1.4 In the case of business television sets, SABC Regulations pertinent to the sale of business units will be applied.

2.7.1.5 For more information pertinent to tv licences, please visit https://www.tvlic.co.za/tvlic/wp-content/uploads/2020/03/TVLicenceRegulations.pdf

2.7.2 Every effort and care is maintained to deliver the television to you without defect, damage or cracks. In the event of such it is imperative that we are informed immediately.

2.7.3 As we ensure that televisions are delivered free of physical damage we will not engage in any refunds on the basis of damage.

2.7.4 Standard Warranty Conditions apply as per the various Television OEM Specifications. These will be honoured except in cases where physical damage and abuse is evident.

Purchase Order Cancellation

Once your purchase order has been processed and we have sent you an order acknowledgement, we cannot accept any cancellations. Please refer to Delivery, Exchanges and Returns Policy.

Delivery

Please refer to Delivery, Exchanges and Returns Policy.

Exchanges, Returns and Refunds

Please refer to Delivery, Exchanges and Returns Policy.

Media and Marketing content

Pictures and videos are for illustrative purposes and may differ to the actual product from time to time. Pictures and videos may include accessories, hardware and additional items - these are merely used for promotional or educational purposes and may not be included in your primary purchase.
In the case of Liebherr, Siemens, Bosch and Grundig Integrated Appliances Lifestyle Images displayed on the site and in each product page may include an array of additional items. it must be understood that the first image in the carousel relates to the specific product labelled and described.

Product Policy

All product specifications and data are subject to change without notice to improve functionality, design or otherwise. These changes are decided on and enforced by the manufacturer and not by Niche Living. (PTY) Ltd.
All product warranties are held by the manufacturer - please refer to the Delivery, Exchanges and Returns Policy.
Items Marked with a Special Order Logo are available to purchase on confirmation of stock and pricing. These items are not held by Nicheliving and as a result stock availability and pricing may differ to that stated on the website. Please ensure that contact is made with Niche Living to establish Pricing as well as availability. Any items falling within this category (Special Order) that may have been checked out and paid for by clients will be refunded if no stock is available or if price fluctuates.

7.3. The manufacturer or supplier remains responsible for the quality standards and accreditations for all items sold on their behalf by Niche Living (PTY) Ltd.

Payment

Your method of payment depends on whether you choose the credit card or electronic fund transfer payment method.
If you are an electronic fund transfer (EFT) customer your order will only be processed for dispatch and delivery once we have confirmed that your full payment has been received.
If you are a credit card customer, your order will be processed as soon as the transaction is completed.

Queries

If you have any queries or concerns regarding your order, you may contact the Customer Services Department of Niche Living (PTY) Ltd as set out on https://nicheliving.co.za and https://shop.nicheliving.co.za. Niche Living (Pty) Ltd reserves itself its right, after due notice to its user or customer to revise, alter and or amend the terms and conditions herein.

8. Errors and Omissions Excepted

8. Promotional Activity and Promotional Offers

All promotional offers on this website are campaigned by Nicheliving.co.za and are not funded by any manufacturer or distributor.
Promotional items are subject to availability thus when out of stock these will revert back to normal price on replenishment.
Promotional offers are on a first purchase basis thus if sold out - we will not fullfil at promotional price.
Savings reflected on any social media or marketing campaign indiocates the maximu saving of a selected item within a promotional campaign (promotional campaign is an array of products promoted for a specific campaign or period of time) thus where indicated as a 25% saving this does not imply that all items on promotional carry a 25% saving but rather that in the campaig a specific item with the maximum saving equates to 25%

Mobicred Terms & Conditions

Definitions

1.1. “Act” – means the National Credit Act, No 34 of 2005 and all regulations promulgated in terms of the Act;

1.2. “Agreement” – means the agreement between you and us for a credit facility comprising of your application, the electronic Pre-Agreement Quotation and Statement , together with the electronic terms and conditions, all accepted by you electronically;

1.3. “Credit Provider” or “us” or “we” or “our” – means mobicred (Pty) Ltd, Reg. No. 2012/163391/07 and Registered Credit Provider NCRCP 6523. Domicilium Address -14th Floor, 1 Thibault Square, Long Street, Cape Town, South Africa, 8000;

1.4. “Interest Rate” – means the rate at which interest is calculated on the balance of the Principal Debt as provided for in the Act and specified in the Agreement;

1.5. “Principal Debt” – means the amount that is deferred and on which interest is calculated. It is made up of the total amount outstanding in terms of your credit facility, together with any other costs, including interest charges which are added when they become payable;

1.6. “Retailer” – means the participating retailer who offers goods or services online to users and who has entered into an agreement with us in terms of clause 2.1. 1.7. “You” or “Your” – means the person who enters into the Agreement with us.

Introduction

2.1. We have contracted with selected participating Retailers to offer credit facilities to their customers or users of their websites who wish to purchase goods or services online.

2.2. By entering into an Agreement with us for a credit facility, you authorise and instruct us to effect payment to the particular Retailer whose products or services you are purchasing online, at all times subject to the terms of the Agreement up to the maximum facility available to you in terms of your Agreement with us.

Application and Agreement

3.1 You may apply for a credit facility with us.

3.2 We have no obligation to approve your application.

3.3 Your application is subject to our internal credit and affordability approval criteria and to the conditions for granting credit as set out in the Act. We have the discretion to decline your application at any time and to determine the available credit facility, applying our internal criteria in accordance with the requirements of the Act.

3.4 Your application will be considered based on the information that you provide to us. All information must be truthful, accurate, correct and complete.

3.5 You must be at least eighteen years old and have the required legal capacity to enter into and be bound by the Agreement. We may require proof of your age and identification. 3.6 The pre-agreement statement and quotation (“the pre-agreement”) will be provided to you electronically during on-line application and in accordance with the Act. You will need to accept the pre-agreement electronically. We will also provide the terms and conditions electronically to you. Once you have accepted the pre-agreement and terms electronically and entered into the Agreement with us, an electronic copy of the Agreement will also be delivered to you by e-mail.

3.7 Once you credit application is approved, the maximum credit facility for which you qualify will be made available to you to purchase from participating Retailers. Please note that Retailers will not proceed to deliver goods until a positive bank account verification has been received. Please ensure that you provide correct banking details to us.

3.8 We will determine your maximum credit limit in accordance with the criteria specified in clause 3.3 above. We will increase this limit on your request or with your consent, provided that the requirements of the Act will be met.

Agreement with Retailer

4.1 After you have entered into the Agreement with us, you will be able to purchase goods and services from participating Retailers online.

4.2 Please note that we are not a party to the agreement between you and the Retailer and as such you will have no recourse against us relating to the agreement for the supply of the goods or services or any dispute about the goods or services or any refunds or returns. Fees and charges The following fees and charges may be charged provided that the amounts do not exceed the maximum amount allowed by the Act: 5.1

Interest:

5.1.1 Subject to clause 5.1.2, we will charge interest at the rate specified in the pre-agreement quotation.

5.1.2 A variable interest rate will apply. This means that the interest rate applicable to the Agreement will vary from time to time in accordance with the changes to the applicable reference rate. We will give notice of a change in the interest rate.

5.1.3 Interest shall be calculated and accrued daily on the outstanding facility balance, and be capitalised and billed monthly as at statement date.

5.2 Initiation Fee – a once-off fee may be charged as provided for in the Act and specified in the pre-agreement;

5.3 Service Fee – a monthly fee will be charged at statement date for the routine administration costs of your account as specified in the pre-agreement;

5.4 Default Administration Charges and collection costs – to cover all default administration and collections costs (including correspondence fees, collections commissions and costs and legal costs) if you default on your monthly instalment obligations in terms of the Agreement.

Statement

6.1 We will send your statement to your email address provided in your application. The frequency of statements will be at our discretion provided that we will send statements at least every three months.

6.2 Your statement will show all transactions relating to your account for the period since your last statement, the outstanding balance and the minimum repayment owing.

6.3 Not receiving a statement does not relieve you from your obligation to pay the amount outstanding by the specified due date. If you have not received a statement please contact us immediately to find out the amount owing and the date by which this amount is due.

6.4 In the event of any query or dispute regarding your statement please contact us on 021 126 0700.

Address for notice

7.1 The residential address that you provide to us when you enter into the Agreement is the address which you choose as your Domicilium Citandi et executandi, meaning the address that we will use to send all default or legal notices to you or serve any court documentation on you.

7.2 You can only choose an address within South Africa for purposes of clause 7.1.

7.3 You must inform us in writing if there is a change to any address or to any of your other contact details.

Payment, Settlement & Termination

8.1 You must pay the minimum instalment owing by the due date as shown on your statement, by way of a monthly debit order to which you agreed at the time that you entered into the Agreement.

8.2 You can pre-pay any amount owing at any time.

8.3 By entering into the Agreement, you agree that we will debit your bank account (debit order) for your monthly instalments as well as any other amounts you have outstanding. 8.4 You agree that we may track your bank account and re-present the payment instruction when you have sufficient funds available in the event that you do not have sufficient funds available at the debit order date.

8.5 You may not cancel your debit order instruction until the full amount due in terms of the Agreement has been settled.

8.6 You may not close your bank account until the full amount due in terms of the Agreement has been settled, unless you provide us with details of another bank account from where we can raise the debit order.

8.7 You are entitled to settle the full outstanding balance without providing any notice to us. The settlement amount is defined as the unpaid balance of the principal debt plus the unpaid interest and all other fees & charges owing to us up until the settlement date.

8.8 You are entitled to terminate the Agreement at any time by settling your full outstanding balance owing to us.

Breach

9.1 If you:

9.1.1 default in the repayment of any instalment or other amount due in terms of the Agreement;

9.1.2 are in breach of any other term of the Agreement; or

9.1.3 are sequestrated; we will notify you of the breach in writing and we may suspend your credit facility. All amounts owing will become due and payable immediately. If you settle the default amount, your facility will be enacted again unless we have started legal proceedings against you for the full amount due and payable.

9.2 We may propose that the Agreement be referred to a debt counsellor, alternative dispute resolution agent, consumer court or ombud with jurisdiction, with the view of resolving any dispute or agreeing on a plan to bring payments up to date.

9.3 We will start legal proceedings only after 20 days since you have been in default, and only after 10 days have lapsed since we sent a default letter or notice to you to which you did not respond or which proposal you rejected (the 20 day and 10 day periods may run concurrently).

Consumer Credit Information

10.1 By entering into this Agreement you consent to and agree that we may conduct enquiries or share information about you and the application as follows:

10.2 Submit and receive information to and from third parties to verify information provided in your application;

10.3 Submit and receive information to and from third parties that we deem necessary to process and consider your application.

10.4 Submit information provided by you in your credit application and Agreement to the credit bureaux;

10.4.1 If required, enquire and verify information from the bureaux when assessing your credit application or credit worthiness at any time of the duration of the Agreement; 10.4.2 Obtain credit bureaux information which reflects your credit worthiness, such as a credit payment profile and a credit score;

10.4.3 Submit information on the conduct of your account to the credit bureaux without prior notice;

10.4.4 Submit details of adverse information as defined by the NCA. You will have at least 20 (twenty) days business days’ notice thereof.

10.5 You may contact the bureaux at any time to have your credit record disclosed and to request that any incorrect information be corrected. The name(s) and contact details of the credit bureaux will be made available to you upon request.

10.6 We may provide information on the conduct of your account to the South African Fraud Prevention Services (SAFPS) that gives reasonable cause to suspect that the account is used improperly. The SAFPS can make this information available to other members of the SAFPS.

Complaints and Debt Counselling

11.1 You may refer a complaint regarding the Agreement to an alternative dispute resolution agent, consumer court or the National Credit Regulator.

11.2 Details of the National Credit Regulator: Tel: 011 554 2600 or 0860 627 627 E-mail: info@ncr.org.za

11.3 You confirm and agree that at the time of making an application for a credit facility, you were not under debt review by a Debt Counsellor as provided for in section 86 of the Act.

11.4 You have the right to apply to a debt counsellor to be declared over indebted.

11.5 You may at any time consult a Debt Counsellor to assist you the processes as set out in the Act.

General

12.1 You have the right to be excluded from (i) telemarketing campaigns by or on behalf of the credit provider; (ii) customer or marketing lists that may be sold by the credit provider; (iii) mass email or sms marketing distribution.

12.2 Terms and conditions are subject to change at any time without any permission required, at all times subject to the Act. We will inform you of any changes made as well as the date from when these changes are to apply.

12.3 The Agreement will be interpreted and governed by the laws of South Africa.

This agreement sets out the terms and conditions relating to the provision of our Payment Services. By clicking accept you agree to be bound by these terms and conditions and our Privacy Policy.

Please also note that these terms and conditions may change from time to time. If the terms and conditions are amended you will be required to click accept again when you make use of our Payment Services.

PayJustNow Terms and Conditions

1. DEFINITIONS

1.1.In this Agreement, unless the context otherwise requires:

1.1.1.“Agreement”/“Terms and Conditions” means this entire agreement.

1.1.2.“Bank Card” means a valid credit or debit card issued by a South African bank in your name.

1.1.3.“Business Day” means any day or other than a Saturday, Sunday or official public holiday in South Africa.

1.1.4.“Consumer” has the meaning assigned thereto in the Consumer Protection Act 68 of 2009, together with its regulations, as amended from time to time;

1.1.5.“Customer”/”you”/”your” means the person who makes use of the PayJustNow Platform and our Payment Services to purchase Goods from a Retailer;

1.1.6.“Default Fee” means the fee of R125.00 (including VAT) charged every time we are unsuccessful in obtaining payment from your Bank Card account on the due date.

1.1.7.“Default Interest” means the interest charged on overdue Instalments at the maximum rate allowed for incidental credit agreements in accordance with the National Credit Act (34 of 2005), which is currently 2.00% per month. Interest will be calculated on a daily basis and added to the outstanding balance (in other words, compounded) on a monthly basis.

1.1.8.“ECTA” means the Electronic Communications and Transactions Act 25 of 2002 as amended from time to time;

1.1.9.“Goods” means the items or services that a Customer is buying from a Retailer.

1.1.10.“Instalment” means a periodic payment detailed in the Payment Plan.

1.1.11.“Payment Plan” means the periodic payment plan for the Purchase Price of your Goods, including any Default Fees and Default Interest and other additional charges, and the date on which such amounts are due, and which can be viewed on the PayJustNow Platform.

1.1.12.“PayJustNow”/”we”/“us”/”our” refers to PayJustNow (Pty) Ltd duly incorporated under the laws of South Africa, with registration number 2019/164250/07;

1.1.13.“PayJustNow Platform” means the mobile application offered by PayJustNow as well as the Website for purposes of providing the Payment Services and any other service that may be offered to Customers by PayJustNow;

1.1.14.“Payment Service” means the service offered by PayJustNow that allows Customers to pay the Purchase Price in terms of a Payment Plan;

1.1.15.“Personal Information” has the meaning assigned thereto in POPI;

1.1.16.“POPI” means the Protection of Personal Information Act 4 of 2013 as amended from time to time;

1.1.17.“Privacy Policy” means the privacy policy, as amended from time to time, as set out on the Website;

1.1.18.“Processing” has the meaning assigned thereto in POPI and “Process” and “Processed” shall have corresponding meaning;

1.1.19.“Purchase Price” means the full purchase price (inclusive of VAT) payable in respect of any Goods purchased by a Customer, including any delivery or other costs included in the price;

1.1.20.“Refund” means a refund granted by a Retailer to the Customer on the Purchase Price;

1.1.21.“Retailer” means the retailer who has partnered with us in order to provide the Payment Services.

1.1.22.“Website” means www.payjustnow.com;

2. SUPPLY OF SERVICES IN TERMS OF ECTA

2.1.Insofar as this Agreement fall within the ambit of ECTA:

2.1.1.The following information is made available:

2.1.1.1.Our registered office for legal service of documents:

3rd Floor, Sunclare Building

Claremont

Cape Town

7708

2.1.1.2.Our telephone Number:

021 300 2152

2.1.1.3.Our email address:

support@payjustnow.com

2.1.1.3.Our website:

www.payjustnow.com

2.1.2.You acknowledge and agree that in terms of section 42(2)(a) of ECTA that section 44 of ECTA (the Cooling-off period) does not apply to the Payment Services.

2.2.If you have a query or complaint please use the "Contact Us" service on our Website or you can email us at support@payjustnow.com. If you are not satisfied with the outcome of your query or complaint, you have the right to resolve the matter by way of alternative dispute resolution.

2.3.If this Agreement becomes an incidental credit agreement, you can file any complaints with the National Credit Regulator (contact number 0860 627 627) or make application to the National Credit Tribunal.

3. THE PAYMENT SERVICE

3.1.

By making a request to make use of our Payment Services you agree to the terms and conditions contained in this Agreement and pay us in accordance with the Payment Plan.

3.2.

If your request for our Payment Service is approved, we shall on your behalf pay to the Retailer the Purchase Price for the Goods you selected to purchase.

3.3.

We do not guarantee access to our PayJustNow Platform and reserve the right to decline your request to use our Payment Service at our sole discretion.

4. YOUR OBLIGATIONS AND UNDERTAKINGS

4.1.

Information about you:

4.1.1.

You agree to provide us with complete and accurate information about yourself and to maintain and update such information when necessary. By doing so, you warrant that the information provided is correct.

4.1.2.

You confirm that you:

4.1.2.1.

have the legal capacity to enter into this Agreement, thus you:

4.1.2.1.1.

are over 18 years of age;

4.1.2.1.2.

have not been declared mentally ill or unfit by a court; and

4.1.2.1.3.

or a third party have not applied for you to be placed under or you are not currently under curatorship, administration, provisional or final sequestration or debt review;

4.1.2.2.

have a valid South African identity document;

4.1.2.3.

are a permanent resident of South Africa;

4.1.2.4.

are employed in South Africa;

4.1.2.5.

are not currently over-indebted or going through financial difficulty;

4.1.2.6.

have a valid Bank Card.

4.2.

Payment

4.2.1.

You agree that each Payment Plan entered into is a separate transaction and that your use of the Payment Services is at our discretion.

4.2.2.

You will make payments in terms of this Agreement on the due dates as per the Payment Plan without any deductions or setoff irrespective of any dispute with respect to the Goods or the Retailer.

4.2.3.

You unconditionally and irrevocably agree that we are entitled to debit your Bank Card account in accordance with the Payment Plan, including any Default Fees and Default Interest and other additional charges. You are liable for any fees or costs that your bank may charge you for these debit transactions.

4.3.

Goods

4.3.1.

We will not be liable to you if any Retailer refuses to accept our Payment Services for any Goods purchased.

4.3.2.

The Goods that you purchase using our Payment Service is subject to the relevant terms and conditions and policies of the Retailer you purchase from.

4.3.3.

Any dispute that you have about the Goods (including but not limited to the suitability, quality or delivery or return of Goods) must be resolved directly with the Retailer.

4.3.4.

You may not withhold any payments to us due to any dispute between and a Retailer. Please note that even in the event of you having a dispute with a Retailer, you may not instruct us to (i) withhold payment to the Retailer or; (ii) reverse a payment already made to the Retailer for Goods purchased by you.

4.4.

Account

4.4.1.

It is important that you keep your account details (username and password) private and confidential as you are responsible for any orders placed using your account details.

4.4.2.

You agree to contact us immediately if you reasonably suspect that your account may have been used or will be used by an unauthorised third party or if you suspect fraudulent activity on your account.

5. INTEREST AND FEES ON MISSED PAYMENTS

5.1.

The Payment Plan provided to you will serve as the account for the payments required under the Payment Plan and will indicate the due date for each Instalment to be made.

5.2.

If we have not received an Instalment on its due date, then we will automatically charge a Default Fee and may charge Default Interest to the Payment Plan.

5.3.

In the event that we are unsuccessful in obtaining payment from your Bank Card account on the due date, you authorise us to take payment of an Instalment including any Default Fees and Default Interest from your Bank Card account 3 (three) days after the original due date and if that is not successful, 7 (seven) days after the original due date.

5.4.

We reserve the right to further try and recoup any Instalment and any Default Fees and Default Interest at any later dates.

5.5.

To the extent permissible in law, you may also be charged default administration charges and collections costs incurred by us in collecting any amount due and payable to us by you.

6. REFUND ARRANGEMENTS

6.1.

Any full or partial return of the Goods is subject to the Retailer’s returns policy and applicable laws and must be settled with that Retailer.

6.2.

We will only process a Refund and amend a Payment Plan once the Retailer has requested us to do so in writing. When we received the Retailer’s written request, we will deal with the Refund as follows:

6.2.1.

if the refund amount is greater than the instalments still due, then we will refund you the difference by crediting your Bank Card account;

6.2.2.

if the refund amount is less than the instalments still due, then we will adjust the Payment Plan accordingly to reflect the revised amount still due. We will apply the refund amount first to the last instalment then to the second last, etc working backwards to the first instalment.

6.3.

Please note that if a Retailer refunds you directly in cash, vouchers or the like, you will remain responsible for payment in terms of the Payment Plan, notwithstanding such refund.

7. PERSONAL INFORMATION

7.1.

We take your privacy seriously and we will use reasonable efforts in order to ensure that any information we collect from you is stored in a secure manner.

7.2.

In order for us to provide the Payment Service to you we require certain information and/or documentation about and from you. The information we require we may collect in one or more of the following manners:

7.2.1.

From you:

7.2.1.1.

You may provide information to us when communicating with us or creating an online user profile with us;

7.2.1.2.

When you call us, we may monitor or record your calls and store details of the phone number(s) you use to make the calls. This information is used to better address your customer service needs.

7.2.1.3.

If you enter a competition or participate in a promotion, we will ask for your name, address and e-mail address and any other relevant information about you;

7.2.1.4.

We will collect information concerning your tastes and preferences both when you tell us what these are and through our analysis of customer traffic, including through the use of cookies;

7.2.2.

From registered credit bureau(s): You agree and consent that we may:

7.2.2.1.

provide them with information concerning this Agreement or any Payment Plan and any non-compliance in terms thereof; and

7.2.2.2.

request from them your credit profile and possibly a credit score on your creditworthiness when assessing your application and at any time during the existence of this Agreement. You have the right to contact such credit bureau(s), to have the credit record(s) disclosed and to correct any inaccurate information.

7.3.

By submitting any Personal Information to us you acknowledge and expressly consent that we may Process your Personal Information:

7.3.1.

to verify information that you provided to us and make whatever enquiries we may deem necessary from any source whatsoever;

7.3.2.

to conclude and manage this Agreement and for providing the Payment Services to you;

7.3.3.

to prevent, detect and report fraudulent and criminal activities and to assist law enforcement agencies in this regard;

7.3.4.

to comply with any obligation imposed by applicable laws on us, including statutory and regulatory requirements in respect of the storage and maintenance of documents and information;

7.3.5.

to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, order of court or legal process served on us, or to protect and defend our rights or property.

7.3.6.

to contact you by post, telephone and electronic mail (that is email, picture, video, and SMS) about functionality changes to our Website, services or changes to our Terms and Conditions, and to communicate with you about your customer benefits and advise you regarding new customer offers and services, subject to any preferences selected by you; and

7.3.7.

for the purposes of management, research, analysis, corporate reporting, credit-scoring, affordability assessment, and improving business efficiencies.

7.4.

You have the right to request a copy of the Personal Information that we hold about you. You can do so by emailing us atsupport@payjustnow.com.

7.5.

If you are unhappy with any aspect of our processing of your Personal Information, in the first instance, please raise the matter with us by emailing us at support@payjustnow.com. If you remain unhappy, you can complain to the Information Regulator (South Africa), whose website is at www.justice.gov.za/inforeg.

8. USE OF PAYJUSTNOW PLATFORM

8.1. License

All intellectual property in our PayJustNow Platform, including any content, images, logos or graphics are and shall remain PayJustNow’s property. PayJustNow grants you a limited, non-exclusive, non-sub-licensable, revocable, non-transferable license to: (i) access and use the PayJustNow Platform solely in connection with the Payment Service; and (ii) access and use any content, information and related materials that may be made available through the PayJustNow Platform, in each case solely for your personal, non-commercial use. PayJustNow reserve any rights not expressly granted herein.

8.2. Restrictions

You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the PayJustNow Platform; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the PayJustNow Platform except as expressly permitted by us; (iii) decompile, reverse engineer or disassemble the PayJustNow Platform; (iv) link to, mirror or frame any portion of the PayJustNow Platform; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the PayJustNow Platform or unduly burdening or hindering the operation and/or functionality of any aspect of the PayJustNow Platform; or (vi) attempt to gain unauthorised access to or impair any aspect of the PayJustNow Platform or their related systems or networks.

9. DISCLAIMER AND LIMITATION OF LIABILITY

9.1.

We make no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the PayJustNow Platform, or that the PayJustNow Platform will be uninterrupted or error-free. You agree that the entire risk arising out of your use of the PayJustNow Platform remains solely with you, to the maximum extent permitted under applicable law.

9.2.

To the extent permissible in law, and provided that we did not act fraudulently or with gross negligence, we will not be liable for any loss or damage (including, without limitation, any direct, indirect, special, incidental or consequential damages, whether arising out of contract, statute or delict or otherwise and regardless of whether we were advised of the possibility of such loss or damage) sustained by you or a third party arising from

9.2.1.

your use of or reliance on the PayJustNow Platform or your inability to access or use the PayJustNow Platform;

9.2.2.

causes beyond our reasonable control;

9.2.3.

any damage that is suffered by you as a result of loss or theft;

9.2.4.

any interruption, malfunction, downtime or other failure of the purchase processing software system or payment terminal or third party system or any component thereof for whatever reason;

9.2.5.

any technical or other problem (interruption, malfunction, downtime or other failure) which affects the PayJustNow Platform, a third-party system or any part of any database, for any reason;

9.2.6.

any Personal Information or other data which is directly or indirectly lost or damaged because of technical problems, power failures, unlawful acts (such as data theft), any harmful computer program or virus, or your own negligence; and

9.2.7.

computer viruses or destructive codes on the PayJustNow Platform or third party systems or programming defects

9.3.

The limitations and disclaimer in this clause 10 do not purport to limit liability or alter your rights as a Consumer that cannot be excluded under applicable law.

10. ASSIGNMENT

10.1.

You may not cede your rights or delegate your obligations or otherwise assign, novate or transfer your rights and obligations under this Agreement or Payment Plan without our written consent, which may be withheld in our absolute discretion.

10.2.

We may cede our any of our rights and delegate any of our obligations in terms of this Agreement or any Payment Plan to a third party without your consent.

11. GENERAL

11.1.

The laws of the Republic of South Africa shall govern this Agreement.

11.2.

You consent to the non-exclusive jurisdiction of the Magistrates Court. However, PayJustNow may elect to institute proceedings in the High Court (in its sole discretion), in which case you consent to the non-exclusive jurisdiction of the High Court of South Africa (Western Cape Division, Cape Town), or any successor thereto.

11.3.

The address (email and physical) that you gave us when registering on our PayJustNow Platform is the address that you choose where legal documents may be served on you. If we are able to serve documents on you electronically, the e-mail address that we have on record for you will be used. If you wish to change your physical address, e-mail address and/or cellphone number, you must give us notice hereof and any such change will take effect 7 Business Days after we receive such notice.

11.4.

A certificate signed by any one of our managers (whose appointment and authority need not be proved) stating the amount that you owe us and the applicable interest rate, shall be accepted as sufficient proof of your indebtedness and shall be deemed correct unless you are able to prove otherwise.

11.5.

No waiver on the part of either party to this Agreement of any rights arising from a breach of any provision of this Agreement will constitute a waiver of rights in respect of any subsequent breach of the same or any other provision.

11.6.

This Agreement constitutes the entire agreement between us as it relates to a specific purchase of Goods and the relevant Payment Plan. Each new purchase of Goods by way of an associated Payment Plan shall form a new Agreement.

11.7.

No indulgence, leniency or extension of a right, which we may have in terms of this Agreement, and which we may grant or show to the you, shall in any way prejudice us, or preclude us from exercising any of the rights that we have derived from this Agreement, or be construed as a waiver by us of that right.

11.8.

In the event that any of the terms of this Agreement are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms, which will continue to be valid and enforceable.

Terms and Conditions applicable to Openview HD Products and Multichoice DSTV Products

TERMS, CONDITIONS & DISCLAIMER

1. This voucher includes the Call-Out Fee of R500(or rate at time using the voucher) , the first One Hour Labour Fee of R500(or rate at time using the voucher) and may include certain materials required to complete the installation. Please ensure that you verify with the Sales Person who sold you this voucher what the free materials are which are included in this voucher. 2. If the installation takes longer than One Hour then the Customer agrees to pay for additional time which is billable at R250 per 30minutes(or rate at time using the voucher as communicated at booking the installation) after the Free One Hour included in this voucher. 3. The Customer is responsible for payment of materials required to complete the installation which are not provided as part of the Free Materials Included in this voucher. 4. All materials used remain the property of SOS Lifestyle AV until such time that the materials are fully paid for by the Customer, this excludes the Free Material Included in this voucher. Details of free and additional material will be confirmed by the installer before the installation commences. 5. This voucher cannot be exchanged for cash, sold or transferred to another person. 6. This voucher is valid for 90 days from date of purchase. Please retain proof of purchase either for this voucher or for the product you purchased which was bundled with this voucher. This voucher cannot be replaced if lost & therefore cannot be redeemed via proof of purchase. This voucher must be presented to the Installer on-site before the installation commences. Failure to produce this voucher will result in the cancellation of the installation. 7. We will do all that we reasonably can to meet the date agreed for installation. However, in the case of unforeseen circumstances beyond our reasonable control we may not be able to do so. In such circumstances we will contact you to agree on an alternative date. The Customer will also do that entire he/she reasonably can to enable the installation to take place on the given date. In the case of unforeseen circumstances beyond the Customers reasonable control the Customer should contact us to agree on an alternative date. 8. We will carry out any installation work for which this voucher was advertised for and/or sold to the customer. If additional work is found to be necessary during the course of the installation, such work will be quoted for separately and only carried out with the Customers permission. 9. It is the customer’s responsibility to ensure that, concealed water pipes and electricity wires are identified to the installer before installation commences. In the event of any concealed water pipes or electricity wires being damaged during the installation process; if the installer was notified of the concealed water pipes or electricity wires then SOS Lifestyle AV or the installer(company) will be responsible for the repair of the damage thereof however if the installer was not notified of the concealed water pipes or electricity wire then SOS Lifestyle AV or the installer(company) cannot be held responsible for the repair of the damages thereof. 10. We will use reasonable endeavors to keep disruption to water, gas and electricity supplies to a minimum. 11. It is the customer’s responsibility to ensure that, prior to the installation works starting, all furniture is removed from the area of the installation and any carpet in the installation area is rolled back. 12. All installation work carries 3 months warranty on labour & material has a 1 Year Limited Warranty from date of installation provided that the installation has not been tampered with during the period of the warranty other than by an accredited SOS Lifestyle AV Installer. 13. This warranty shall not cover any damages caused by any person or damage caused by lightning or natural force or element, animals, birds, insects, plants or trees. 14. Workmanship is solely the responsibility of SOS Lifestyle AV or the company installing and no way liable to any chain store purchased from.

BEFORE WE INSTALL PLEASE CHECK THE FOLLOWING

1. You are at home (or another adult over 18) is at home at the time we’ve agreed to install. Your Installation voucher is at home on the installation date. 2. Check that you have all the parts, screws and other bits and pieces for the products you require us to install and or setup for you. 3. Have all the necessary accessories and cables. 4. If you are a new Multichoice DSTV subscriber, please ensure that you call SOS Lifestyle AV or Multichoice call Centre to open your account with Multichoice DSTV. This will save time when the Installers are at your home and will therefore relate to saving on possible extra labour cost. 5. You have an existing internet connection and it is working (for services requiring internet connection). 6. You have a network point or wireless network available for the product you require us to connect to the internet.

THE DAY WE INSTALL FOR YOU, WE WILL

1. Have a chat with you about how you’d like your new products installed and/or setup and offer some advice if you need it. 2. Unpack your product take the packing away for recycling (no need to fill up your recycling bin). 3. Connect all your devices together then tidy and run the cables in conduit if you have requested for this to the installer prior to installation. 4. Demonstrate the main features of your new products we have installed and or setup for you.

WHAT ISN’T COVERED
- We want to make sure you know what isn’t covered by our installation service so there are no surprises when we install for you at home:

1. Distance over 25km radius. 2.Any special bracket which might be needed to complete the installation. 3. We won’t personalize or optimize picture quality unless otherwise you have requested for this service when you book your installation. This service usually takes 1 Hour. 4. We can’t connect your TV or other equipment to your home computer network - you will need to purchase our Set-up Voucher for this installation and we will send out a specialist team for this. 5. We will not start an installation unless you sign and agree to the terms and conditions at the back of the voucher. 6. We will not start an installation unless you sign and agree with the possible extra cost which is estimated before the installation. 7. We do not setup your home theatre or equipment if you have not requested this on booking, or logged an additional voucher before booking the installation time, or agreed cost of this service on site by the installer.

WE CAN’T REFUND THIS SERVICE IF

1. You haven’t completed the necessary pre-installation preparations above. 2. Additional work is required to complete the installation which we cannot provide for whatever reason. 3. Your voucher is lost or stolen. 4. You cancel the installation after our installation team has assessed your home and you cancel because of possible additional costs. 5. Or you are not willing to pay additional costs travelling for exceeding 25km radius from store purchased which this voucher covers.

Competitions

13.1. Competitions may be run solely at the discretion of Nicheliving.co.za

13.2 Competitions will be marketed via means of our website and / or social media platforms inclusive of Facebook & Instagram

13.3. Employees, Vendors and Support Personnel are not eligible to enter or compete in any competitions run by Nicheliving.co.za whatsoever.

13.4. No persons under the age of 18 may enter

13.5. This serves as the general rules attached to competitions.

13.6. Prizes are not transferrable

13.7. Prizes are not exchangable for cash

Subscribe & Win Campaign - January 2021 to 28 February 2021

14.1. The above rules 13.1 to 13.5 are attached to this competition

14.2. One (1) Prize winner will be drawn at Nicheliving.co.za earliest convenience based on successful adjudication of the competion

14.3. The Prize attached to this competition is a Nicheliving.co.za Voucher to the value of R2500,00 which may only be used against a purchase of R5000,00 or more.

14.4. The winner will be advised via social media at which the winner will be required to provide an image of self to which Nicheliving.co.za will utilise to publicise closure of the competion as well as the drawn winner.

14.5. The voucher will be valid for a period of sixty days from date of issue to the winner to which it will expire and become null and void. Nicheliving.co.za will not be held liable for non-use of voucher, nor will this be re-issued under any circumstances.

Treat Her with Dyson Competition - 1 May 2021 to 31 May 2021

15.1 This campaign is governed by these terms and conditions.15.2 This campaign is operated by Tudortech (Proprietary) Limited.15.3 This competition is only valid from 1 May 2021 to 31 May 2021.15.4 All entries must be done within the period of 1 May 2021 and 31 May 2021. No entries will be accepted after this period.15.5 All entries must be done via mydysonhome/competitions. 15.6 The customer must submit a proof of purchase for verification in order to enter.15.7 In order to enter, a customer must have proof of purchase of any Dyson hair care product during the campaign period. The purchase date must be visible on the purchase document.15.8 Only one entry may be processed per qualifying proof of purchase document.15.9 This promotion is open to all residents within South Africa.15.10 By entering the competition, all participants accept and agree to abide by these rules, terms and conditions.15.11 The promoter reserves the right to terminate or suspend this promotion in the event of technical or other difficulties that might compromise its integrity. In the event of a dispute, the decision of the marketing division is final and binding and no correspondence will be entered into.15.12 Prizes are not transferable and may not be exchanged for cash.

Free delivery promotion - 27 July 2021 to 10 August 2021

16.1. Deliveries will only be carried out within the republic of south africa

16.2. Large Kitchen Appliances and Bulky Items are exluded from this promotion at which normal delivery charges will apply

16.3. Additional Regional Transport Surcharges may apply

16.3.1 All Delivery Transactions eminating from the free delivery promotion will be despatched via Economy Roadfreight

16.3.2 Delivery contractors used by Nicheliving.co.za are i) Churchills International Express; ii)Relyant Express Services

16.4. The promotion is specific to single items of R500 or more.

16.5. The promotion will commence on 27 July 2021 and end on the 10 August 2021

16.6. All enquiries in respect to deliveries can be directed to info@nicheliving.co.za

Subscribe & Win Campaign (1 of 3 x R500 Vouchers) - 10 September 2021 to 10 December 2021

14.1. The above rules 13.1 to 13.7 are attached to this competition

14.2. The prize stated for this competition is 3 x R500 Nicheliving Vouchers awarded to 3 random winners.

14.3. Three (3) Prize winners will be drawn at Nicheliving.co.za earliest convenience based on successful adjudication at the end date of the competition.

14.4. The Prize attached to this competition is a Nicheliving.co.za Voucher to the value of R500,00 which may only be used against a purchase of R2500,00 or more.

14.5. The winner will be advised via social media at which the winner will be required to provide an image of self to which Nicheliving.co.za will utilise to publicise closure of the competion as well as the drawn winner.

14.6. The voucher will be valid for a period of thirty days from date of issue to the winner to which it will expire and become null and void. Nicheliving.co.za will not be held liable for non-use of voucher, nor will this be re-issued under any circumstances.

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