Terms and conditions 

Introduction

Napolians E-commerce is a South African online clothing store founded in 2022 as a subsidiary of Napolians Group Pty Ltd which was founded in 2020 and headquartered in Durban, South Africa. We comply and adheres to the Consumer Protection Act 68 of 2008 (CPA), the Protection of Personal Information Act 4 of 2013 (POPI) and the Electronic Communications and Transactions Act 25 of 2002 (ECTA) including all amendments and regulations thereto. Napolians E-commerce provides. We provide an online platform to supply and distribute clothing goods to our customers.

Use of the website and online platform

To use our website or online platform is governed by the following set terms and conditions below. Should you not comply or agree with our terms and conditions you are advised to not access our online platform systems. Your continued usage constitutes acceptance of all the terms and conditions set out below.

Definitions and Interpretations:

In this Agreement, unless the context otherwise requires, the following definitions shall apply:

  • The Consumer Protection Act – means the Consumer Protection Act 68 of 2008 (the “CPA”)
  • Consumer – means a Consumer in terms of the Consumer Protection Act 68 of 2008.
  • Business Day – means any day (other than Saturday or Sunday) on which clearing banks are open for business in South Africa.
  • Agreement – means this agreement between Napolians E-commerce and the Consumer or Retailer subject to the terms and conditions set out below
  • The protection of personal Information Act of 2013 – means the Protection of Personal Information Act of 2013 (the “POPI”)
  • Privacy Policy – means the Privacy Policy available on Napolians E-commerce Website or Online Platform which the Consumer or Retailer assents to.
  • Shopping Cart – means all goods selected by the Consumer or Retailer or User which once selected form part of the User’s order. The shopping cart serves merely as an online item placeholder for goods prior to the transaction being finalized. Napolians E-commerce reserves the right to remove, modify or otherwise change the items available in the shopping cart at any time. Items in the shopping cart may be available for a limited period of 60mins only taking into consideration demand and availability of stock. Items are sold on a “first come first serve” basis and Napolians E-commerce cannot guarantee the availability of items in the user’s shopping cart.
  • Check out – means all goods selected by the Consumer or Retailer which are then confirmed and accepted by User in completion of the transaction.
  • Order – means a purchase completed or submitted by means of Napolians E-commerce’s Website or Online Platform.
  • Contract – means the completion of an order and commencement of a legally binding agreement between Napolians E-commerce and the Consumer or Retailer.
  • You/Your – means the Consumer, Retailer or User of the Napolians E-commerce Website or Online Platform including both Consumers and Retailers.
  • Website or Online Platform – means the Napolians E-commerce Website and Online Platform, including its Official Social Media Accounts, Mobile Websites and Mobile Applications.

Legally Binding Contract

Napolians E-commerce offers exciting service by means of website or online platform, which may be purchased or access by a consumer via electronic or other means of transactions provided by Napolians E-commerce. Upon registering on Napolians E-commerce’s Website or Online Platform, the Consumer or Retailer may place an order for the purchase of goods, which shall constitute a valid acceptance of the offer and thereby a legally binding Agreement of Sale. The sale shall be completed and in effect once the Consumer or Retailer has completed and submitted an electronic order via the Website or Online Platform and completed “Check Out” of items available in the User’s “Shopping Cart” Upon completion of the online sale, payment via one of the available transaction options becomes immediately due, owing and payable including any applicable taxes and delivery charges. The Consumer, Retailer or User of the Website or Online Platform warrants, by use and continued use of Napolians E-commerce services that he/she is over the age of 18 and possesses the necessary consent and faculties to transact with Napolians E-commerce.

Accepted payment methods:   

Napolians E-commerce accepts Credit Card and Debit or Cheque card payment via Visa and MasterCard only. These transactions are secured by means of our designated service provider, who shall ensure that your information is kept secure, that the correct amounts are debited and that your information is not disclosed without authorization or leaked, changed or misused. Should you have any concerns related to your card payment you are to contact us immediately via our designated customer service channels below. The User warrants that he/she is in possession of sufficient funds to complete the transaction and shall be liable for any additional service charges should the transaction be rejected.

Payment via electronic funds transfer (E.F.T):

Napolians E-commerce shall accept payment of funds at its sole and exclusive discretion via electronic funds transfer which requires the User to transfer funds directly from his/her bank account into Napolians E-commerce account through electronic banking systems. If this method is available, the User will be redirected to Napolians E-commerce secure payment gateway and asked to require selecting his/her bank. The details for the EFT payment will then be displayed, along with instructions regarding references and details of payment. All EFT payments shall require proof of payment to be sent to our designated EFT payments email address before the order is processed orders.napolians@gmail.com. Should the proof of payment not be received, Napolians E-commerce reserves the right to request same and/or within a reasonable time cancel the transaction. Napolians E-commerce reserves the right to charge any additional banking or service fees which may be incurred by means of this payment method.

Payment Via Credit and Debit Cards:

Napolians E-commerce  accepts Credit Card and Debit or Cheque card payment via Visa and MasterCard only. These transactions shall be secure by means of our designated service provider, who shall ensure that your information is kept secure, that the correct amounts are debited and that your information is not disclosed without authorization or leaked, changed or misused. Should you have any concerns related to your card payment you are to contact us immediately via our designated customer service channels below. The User warrants that he/she is in possession of sufficient funds to complete the transaction and shall be liable for any additional service charges should the transaction be rejected.

Bank/cash deposit:

Bank Deposit Details

Account Name: NAPOLIANS GROUP (PTY) LTD

Bank Name: NEDBANK

Account Type: BUSINESS PAYU

Account Number: 1211515737

Branch Name: MUSGRAVE DURBAN

Branch Number: 1301260

Reference: Your email address

If the consumer chose to pay via cash deposit or EFT, the following terms are brought to effect:

  • All payments must be cleared in our designated bank account before store credit is issued.
  • All payments must be cleared before an order is finalized.
  • The consumer may be liable to pay R75 surcharge for the cash payment fees
  • The customers will be updated when his/her payment is cleared and the date of dispatch of their parcel

Where the consumer elects to pay via EFT Deposit, the following terms shall apply:

  • The order shall be processed once the payment is reflecting in our bank account
  • The consumer may be liable to pay R75 surcharge for the EFT payment fees
  • The delivery to the consumer may take 7 working days from the receipt of the payment amount in our business bank accounts.
  • Reference your email when doing payment and send proof payments to napolians@gmail.com or contact our customer care number 079 385 5419.

Payfast payment method:

PayFast is an external payment portal option available to all customers. Where a customer elects to make use of Payfast as a method of payment, he/she understands and accepts that the onus on full payment always remains with the customer. Any payment shortfalls or additional charges shall be for that customer’s account.

  • Napolians E-commerce shall not be liable for discrepancies in payment or additional charges levied in transactions when customers make use of the Payfast platform and service. Napolians E-commerce shall not be liable for improper use on customers credit cards and debit cards. the customer is liable for all payments made with their payment methods.

Ozow Instant EFT Payment Method:

  • Ozow is an external Instant EFT payment portal option available to all customers. Where a customer elects to make use of I-Pay as a method of payment, he/she understands and accepts that the onus on full payment always remains with the customer. Any payment shortfalls or additional charges shall be for that customer’s account.
  • Select the Bank – That they have an internet banking profile with
  • Login Using their Internet Banking Profile and select an account to pay from – All personal data remains private
  • Verification with a One Time Pin (OTP), in-App approval or USSD – Bank dependent
  • Payment complete

 

Supply of Goods – South Africa

Napolians E-commerce shall always endeavor to supply goods that are in a good condition, safe and fit for the purposes for which they are purchased as contemplated in Section 55 of the Consumer Protection Act (CPA) Notwithstanding this, Napolians E-commerce makes no warranties or guarantees relating to goods that are sourced from external suppliers, manufacturers and retailers.

Once an order has been confirmed, the onus remains on the User to ensure the correctness of the order and that the appropriate sizes, colors and types have been selected without derogating from the Returns Policy below. While  Napolians E-commerce endeavors to maintain reasonable amounts of stock available to consumers, it cannot guarantee the availability of any items listed on the website or online platform. Napolians E-commerce shall always exercise reasonable care in ensuring that the pricing of goods on the website and online platform is accurate and up to date. However, Napolians E-commerce shall not be liable to consumers, retailers, or users of the website or online platform in the event of pricing errors due to system malfunction, human error or otherwise. Goods being collected can be done by proof of order number or email address. Please ensure your order number and order information is kept confidential.