Terms and Conditions

  1    PRIVACY POLICY

We are concerned about your privacy. Please read the following to learn more about our privacy policy.

This Privacy Policy covers the treatment of personal information that is collected when you use our site and services. This policy also covers the treatment of any personal information that our business partners share with us or that we may collect on a partner’s site. This policy does not apply to the practices of companies that we do not own or control or to people that we do not employ or manage.

INFORMATION COLLECTION AND USE

Our site collects personal information when you register for an account, when you use our products or services, when you visit our pages. When you register on the site, we ask for your email address. Once you registered and sign into our services, you are not anonymous to us. We also automatically receive and record information on our server logs from your browser cookie information and the page you requested. We use information for two general purposes: to customize the advertising and content you see and to fulfil your requests for certain products and services.

INFORMATION SHARING AND DISCLOSURE

We will not sell or rent your personal information to anyone. Your information is safe with us.

COOKIES

Our site may set and access cookies on your computer. We allow other companies that are presenting advertisements on some of our pages to set and access their cookies on your computer. Other companies use of their cookies is subject to their own privacy policies, not this one. Advertisers or other companies do not have access to our company cookies.

Your Ability to Edit and Delete Your Account Information and Preferences

We give you the ability to edit your Account Information and preferences at any time.

 

SECURITY

Your Account Information is password-protected for your privacy and security. Your password is not known to us and we cannot login to you account using your details. Should you forget your password, please use the Password Reminder option which will email your details or a reset link to you.

 

CHANGES TO THIS PRIVACY POLICY

We may amend this policy from time to time. If we make any substantial changes in the way we use your personal information we will notify you by posting a prominent announcement on our pages.

 

 

2         TERMS & CONDITIONS

1. Definitions

1.1. The Company shall mean the Store Owner who is the custodian of The Website from where goods and services are purchased.

1.2. The Customer shall mean the person or entity who logged into The Website using the relevant User Name and Password or entity who receives, or expects to receive, any goods or services from the Company, or any persons or entities residing at the physical address or email address implied during the course of any correspondence with the Company.

1.3. The Company Systems shall mean all processes or means (regardless of whether they are electronically automated, manually enabled or provided by any third parties), that are used by the Company to capture information, provide information to the Customer or third parties, deliver goods, process payments, keep records, or ensure continuity of the services or products offered by the Company.

1.4. The Website shall mean the Internet website used by The Customer to purchase goods or services.

1.5. The Original Equipment Manufacturer (OEM) shall mean any third party entity or organisation whose goods or services are offered by the Company for sale to the Customer.

1.6. The Goods shall mean any and all products and/or services provided by, or offered by the Company to the Customer during the course of this agreement.

1.7. The Delivery Address shall mean information supplied by the Customer that is used by the Company to describe the physical location where the Goods should be delivered to in fulfilment of this agreement.

 

2. Agreement

2.1. Subject to all the provisions of the clauses herein, the Company hereby agrees to deliver the Goods to the Delivery Address if the customer elects, for the consideration amount – all as specified by a valid order generated by the Company System. The Customer hereby agrees to pay the Company the amount, in advance, for delivery of those Goods specified by that same order.

2.2. The Customer further agrees to provide to the Company, on request, all information required for it to meet its obligations in this regard, including but not limited to, the Customers true identity, physical, delivery and email addresses, contact phone numbers, and if necessary bank account information.

3. Payment

3.1. All amounts payable in terms of this agreement shall be payable in advance. No goods will be delivered until payment has been received in full.

3.2. Notwithstanding 3.1 above, in the event that any goods delivered are not paid for, or if payment for such delivered goods has subsequently been reversed for any reason whatsoever, those goods remain the sole property of the Company and will be returned to the Company immediately on demand, in an unused condition, with all original packaging and documentation. Any damages to the goods requiring repair, or costs attributable to the used condition of the goods, or lack of, or damage to packaging, or the cost of transporting or seizing those goods will be payable by the Customer on demand.

3.3. The Company reserves the right at any time during the delivery process, up until the goods are physically delivered to the Customer, to cancel the Customer’s order, for any reason whatsoever. In the event that the Customer’s payment has been processed before the order was cancelled, the Company undertakes to ensure that the all amounts paid by the Customer for that cancelled order are re-paid in full, no later than 10 working days after the Customer receives the notification of cancellation of the order. The Company undertakes, where possible, not to process the payment of any orders cancelled, and/or, in any event, to re-pay in full, any orders cancelled that have been processed.

3.4. The Customer shall be liable for any and all expenses incurred by the Company on an attorney and advocate scale whether incurred prior to or during institution of legal proceedings or if judgement has been granted, in connection with the satisfaction of such judgement, in regards to the enforcement of this agreement.

 

4. Delivery of Goods

4.1. Delivery occurs when the Company’s appointed courier service hands the goods to the Customer, or any persons claiming to represent the Customer, at the specified Delivery address. The Delivery Note, generated by the Company’s appointed courier service will serve as sufficient documentary evidence of such delivery. All risks pass to the Customer on delivery.

4.2. The Company assumes that any persons claiming to represent the Customer at the specified delivery address is duly authorised to receive the goods. The Company, or its appointed courier service, cannot be held responsible for any loss or liability whatsoever incurred in this regard.

4.3. If no notification to the contrary has been received by the Company from the Customer within 5 (five) working days after the Delivery Note date, or the quoted delivery date to the Customer in the absence of a Delivery Note, the Customer is deemed to have accepted the goods delivered as conforming in all respects to that ordered.

4.4. The Company assumes that the Delivery Address has been correctly specified by the Customer and thus cannot be held responsible for incomplete, inaccurate, out of date or any other discrepancies relating to information provided by the Customer, particularly with regard to Delivery addresses, Customer contact information or any other information required by the Company from the Customer in order to fulfil any orders placed on the Company by the Customer. The Customer hereby acknowledges that it is solely responsible for provision and on-going accuracy of all such information required during any transactions undertaken with the Company.

4.5. If delivery could not take place, the Company will attempt to contact the Customer using the contact information supplied and use its best endeavours to coordinate one additional attempt at delivery. If this attempt also fails, for any reason, the Company will cancel the order and repay any money paid by the Customer for that order. If the Customer provided the incorrect delivery and contact information, the Customer will be held liable for the additional delivery fees payable to the courier appointed to do the delivery.

 

5. Goods lost or Damaged in Transit

5.1. The Company undertakes to ensure that all goods delivered are insured against loss or damage up until delivery to the Customer.

5.2. If the Customer believes that goods were either lost or damaged in transit, it must notify the Company no later than 3 (three) working days of the goods being received or being perceived overdue.

5.3. In the case of damaged goods, the unused goods must be returned to the Company as soon as possible with all associated packaging and documentation, the reasonable costs of which will be born by the Company, provided the Customer’s claim is valid. The Company reserves the right, at its sole discretion, to reject such goods returned, if it is reasonable to believe they were not in fact damaged in transport.

5.4. In the event of such loss or damage, the Company undertakes to either refund to the Customer the full amounts received from any such insurance claim, or re-supply the goods, as originally ordered, at its sole discretion.

5.5. On no account will the full extent of the Company’s liability to the Customer, in the event of lost or damaged goods, exceed the original order amount for those goods.

 

6. Disclaimer for Liability

6.1. The Customer shall have no claim against the Company and the Customer hereby indemnifies and holds the Company harmless and free from liability in respect of any loss, damage or cost caused by or arising from:

6.1.1. any fact or circumstances beyond the reasonable control of the Company; specifically including, but not limited to, acts of God or Force Majeure or

6.1.2. any downtime, outage, interruption in or non-availability of any of the services of the Company Systems and infrastructure;

6.1.3. any infringement of the Customers rights of privacy, constitutional and/or any other like rights (including those of any other person or entity), arising from the supply of goods provided in terms of this agreement;

6.1.4. any breach of security by any third party or any breach of confidentiality by a third party or otherwise arising from any access howsoever obtained by a third party to the Customer’s information, data or content;

6.1.5. the damage, contamination or corruption of any kind of the Customer’s data, material, information and/or content howsoever occasioned;

6.1.6. without limiting the foregoing, any fact, cause or circumstances whatsoever and howsoever arising if the Company has substantially performed its obligations under this agreement.

6.1.7. any OEM product specifications or images that may have subsequently changed, or have been erroneously represented by the Company in any way;

6.1.8. the Customer following the advice offered by the Company with regard to the suitability of any product for any purpose. Such advice is offered as a guide only, and the Company does not warrant that any product sold is fit for any purpose whatsoever.

6.2. Notwithstanding anything to the contrary contained in this agreement or in any addendum or annexure to this agreement, the Customer shall have no claim against the Company and the Customer hereby indemnifies and holds the Company harmless and free from liability in respect of any loss, damage or cost which is indirect, consequential or incidental in nature.

6.3. the Company reserves the right to take whatever action it deems necessary at any time to preserve the security and reliable operation of the Company Systems and the Customer undertakes that it will not do or permit anything to be done which will compromise the security of the Company Systems.

6.4. Although the Company shall use reasonable endeavours to provide disaster recovery, the Company does not specify any recovery time, nor shall the Company be liable for any loss or damage of whatever nature incurred or suffered by the Customer from any cause whatsoever as a result of the Companys failure to provide, or delay in providing, or providing only partial, disaster recovery. The Customer is accordingly advised to make back-ups of its transactional, or any other type of data. Nothing contained in this paragraph should be construed as a representation that any back-ups of data implemented by the Customer will be successful or in any way will avoid disaster.

6.5. Notwithstanding any of the provisions of this agreement, in the event of a claim or claims for liability, for any reason whatsoever, by the Customer on the Company, the Company’s total liability to the Customer shall not exceed the total payable amount by the Customer of any or all orders, placed by the Customer on the Company in a one month period immediately preceding the date of notification of the claimed liabilities, provided such orders have been explicitly accepted by the Company in that period.

6.6. The Customer and the Company both warrant that they have complied with all governmental, provincial and municipal statutory requirements promulgated in relation to its principal business activities and that such compliance will exist for the currency of this agreement. The Customer specifically agrees to indemnify and hold the Company harmless in the event that the Customer commits any transgression, and/or causes the Company to inadvertently commit any transgression of any such regulations during the course of any transactions with the Company.

7. Warranty

All goods are provided with the OEM manufacturer’s warranty only. In the event that the Customer believes that the goods may be defective and qualify for a claim against the OEM manufacturer’s warranty, such goods may be returned to the Company, all costs of such return to the Company to be born by the Customer. If, at the sole discretion of the Company, the goods do indeed qualify for a claim against the OEM manufacturer’s warranty, the Company undertakes to forward the goods to the OEM manufacturer for repair, solely in terms of that warranty, and to return the goods back to the Customer once repaired. All associated costs of transport to and from the OEM Manufacturer to be born by the Company, provided such claim proves to be valid. In the event that the OEM manufacturer rejects such claim, all associated costs of repair, transport, insurance, customs duty and any other costs will be born by the Customer.

8. Maintenance and Repair of Company Systems

The Company may temporarily suspend its obligations in terms of this agreement in order to service, repair, maintain, upgrade, modify, alter, replace or improve any of the Company’s services. Where the circumstances permit, the Company shall use its best endeavours to provide prior notice of any such suspension to the Customer. The Customer shall not be entitled to any setoff, discount, refund or other credit in respect of any such suspension of service nor in respect of any suspension that is beyond the Company’s control.

 

9. Returns on Face Masks

RETURN AND REFUND POLICY

Unfortunately, due to the nature of the product and in the interests of the health and safety of our customers we are unable to accept any returns unless in the specific case where the product is found to be defective. In such a case, the defective product will be exchanged. Under no circumstance will refunds be given. Original courier and handling charges are non-refundable (if applicable).

 

10. Intellectual Property

10.1. All intellectual property rights vested in or owned by a party or held by a party under any licensing agreement with any independent third party shall be and remain the sole property of such party and the relevant licensors respectively.

10.2. The Customer shall not be entitled to use any of the images, content, trademarks, logos, brand names, domain names or other marks (collectively referred to herein as marks) of the Company or any of its associates, or any of the product OEM manufacturers, without the prior written approval of the Company or the OEM manufacturers respectively.

 

11. Cession, Delegation or Assignment

The Company shall be entitled to cede, assign, transfer or delegate all or any of its rights or obligations under this agreement to an affiliate of the Company or to any third party.

 

12. DOMICILIUM

12.1. The parties choose domicilium citandi et executandi (domicilium) for the purposes of giving any notice, the payment of any sum, the service of any process and for any other purpose arising from the agreement at the addresses specified, in the case of the Customer, the physical address given by the Customer’s registration information, in the case of the Company, by the physical address given in the ‘Contact Us’ page of the Website.

12.2. Any notice required or permitted to be given in terms of this agreement shall be valid and effective only if in writing.

12.3. Any notice given and any payment made by one party to the other (the addressee) which: –

12.3.1. is delivered by hand during the normal business hours of the addressee at the addressees Dom cilium for the time being shall be presumed, until the contrary is proved, to have been received by the addressee at the time of delivery;

12.3.2. is posted by prepaid registered post from an address within South Africa to the addressee at the addressees Dom cilium for the time being, shall be presumed, until the contrary is proved, to have been received by the addressee on the 7th (seventh) day after the date of posting;

12.3.3. is transmitted by tele-facsimile or e-mail shall be deemed (in the absence of proof to the contrary) to have been received within 1 (one) hour of transmission where it is transmitted during normal business hours and within 2 (two) hours of the commencement of the following business day where it is transmitted outside those business hours.

 

13. Applicable LAW

13.1. The Customer hereby specifically agrees, during the course of this agreement, to be bound by the laws of the Republic of South Africa only, and that they hereby further specifically agree to waive and relinquish all rights enjoyed under the laws of any other country that contradict, or are not granted, or recognised by the laws of the Republic of South Africa.

13.2. All Internet or electronic transactions are deemed to have taken place in South Africa, at the time implied by the Company System records.

13.3. All amounts will be paid in South African Rand (ZAR).

 

14. General

14.1. This document constitutes the sole record of the agreement between the parties and no addition, variation or agreed cancellation of this agreement shall be of any force or effect unless in writing and signed by or on behalf of the parties. If there is any provision in any addendum which conflicts with any provision in the standard terms and conditions of sale, the latter shall prevail.

14.2. No party shall be bound by any express or implied term, representation, warranty or the like which is not recorded in this agreement.

14.3. No extension of time or indulgence which one party (the grantor) may grant to the other (the grantee) shall constitute a waiver of any of the rights of the grantor who shall not be precluded from exercising any past or future rights against the grantee.

14.4. All terms inferring gender will apply to both male and female equally. All persons or entities who are referred to in the singular or plural, will apply to both the singular or plural interchangeably. All clause headings are intended for legibility only, and no meaning whatsoever can be derived from, or associated with those headings with respect to the following clause wording.

3   Delivery Information

1.1. Delivery occurs when the Company’s appointed courier service hands the goods to the Customer, or any persons claiming to represent the Customer, at the specified Delivery address. The Delivery Note, generated by the Company’s appointed courier service will serve as sufficient documentary evidence of such delivery. All risks pass to the Customer on delivery.

1.2. The Company assumes that any persons claiming to represent the Customer at the specified delivery address is duly authorised to receive the goods. The Company, or its appointed courier service, cannot be held responsible for any loss or liability whatsoever incurred in this regard.

1.3. If no notification to the contrary has been received by the Company from the Customer within 5 (five) working days after the Delivery Note date, or the quoted delivery date to the Customer in the absence of a Delivery Note, the Customer is deemed to have accepted the goods delivered as conforming in all respects to that ordered.

1.4. The Company assumes that the Delivery Address has been correctly specified by the Customer and thus cannot be held responsible for incomplete, inaccurate, out of date or any other discrepancies relating to information provided by the Customer, particularly with regard to Delivery addresses, Customer contact information or any other information required by the Company from the Customer in order to fulfil any orders placed on the Company by the Customer. The Customer hereby acknowledges that it is solely responsible for provision and on-going accuracy of all such information required during any transactions undertaken with the Company.

1.5. If delivery could not take place, the Company will attempt to contact the Customer using the contact information supplied and use its best endeavours to coordinate one additional attempt at delivery. If this attempt also fails, for any reason, the Company will cancel the order and repay any money paid by the Customer for that order. If the Customer provided the incorrect delivery and contact information, the Customer will be held liable for the additional delivery fees payable to the courier appointed to do the delivery.

 

Goods lost or Damaged in Transit

2.1. The Company undertakes to ensure that all goods delivered are insured against loss or damage up until delivery to the Customer.

2.2. If the Customer believes that goods were either lost or damaged in transit, it must notify the Company no later than 3 (three) working days of the goods being received or being perceived overdue.

2.3. In the case of damaged goods, the unused goods must be returned to the Company as soon as possible with all associated packaging and documentation, the reasonable costs of which will be born by the Company, provided the Customer’s claim is valid. The Company reserves the right, at its sole discretion, to reject such goods returned, if it is reasonable to believe they were not in fact damaged in transport.

2.4. In the event of such loss or damage, the Company undertakes to either refund to the Customer the full amounts received from any such insurance claim, or re-supply the goods, as originally ordered, at its sole discretion.

2.5. On no account will the full extent of the Company’s liability to the Customer, in the event of lost or damaged goods, exceed the original order amount for those goods.

4 .    Shipping Terms & Conditions

• During working hours, orders are usually processed within 2-5 hours. However, please allow up to 24 hours for your order to be processed.
• NONI BEAR typically ships out orders within one business day after they have been placed (this excludes weekends & public holidays). We try our best to DISPATCH all orders the same dayif they are paid for before 10am (weekdays). However, please note that this is a BEST EFFORT service.
• We ship countrywide, to your door
• Deliveriesin JHB:-
• If under R650– flat rate of R99
• If over R650 – FREE (T’S & C’S Apply) **
• Deliveries for National :-
• If under R1500 – flat rate of R150 and certain cities R170
• If over R1500 – FREE (T’S & C’S Apply) **
• We use a COURIER SERVICE, we do not use the post office.
• **Please note – large items (over 2kg) might take an extra 1-2 days shipping time. Additionally, Deliveries are calculated by either weight or length x breadth x height of a package, which ever is heavier – this is known as VOLUMETRIC WEIGHT. If the package is over the pre-determined free delivery weight, a SURCHARGE will be charged which will deduct the amount for the free delivery and charge the balance to the client.

 

• You will receive a shipping confirmation email (with a tracking number) as soon as your order has been processed and shipped.
• Noni Bear charges shipping and handling fees for every shipment, unless a special promotion or contract term provides otherwise; such cost includes the freight charged by the carrier, packaging, and handling.
• Delivery times are estimates only and we shall not be liable for any delays caused by the courier company.

 

• PLEASE NOTE – We can not ship to certain townships, farms, plots or extreme outlying areas

 

• Payment is due before shipment, unless credit terms have been arranged in advance. No item will be shipped out until Proof of Payment has been emailed to ……………………………………..  and the money is cleared cleared by our bank

 

• We allow a maximum of 3 days to complete order payment. Failure to do so will result in the order being cancelled.
• **Large Bulky Items – these receive a SURCHARGE calculated on the volumetric weight of the package – the Free delivery fee will be deducted and the balance of the fee is for the clients account. We have put calculations into the system and errors can occur, Noni Bear has the right to rectify the problem and / or credit the client or cancel the sale.

 

5 . RETURNS AND WARRANTY

Merchandise Return Authorization  & Warranty Policy

We aim to ensure complete customer satisfaction relating to service and product purchased from Noni Bear. If for any reason you are not happy with your product, you may return it for a refund, replacement, or repair, subject to the following terms and conditions:

 Conditions for Return for Credit or Refund

 

• Time frame for Return Requests: Notification within 2 days from date of receipt. The return must be initiated within 4 days of delivery.
• Return Request: The customer must log the return request via their account using the Returns Manager. Ensure you select the correct reason for the return:
  • Change of Mind / Item Exchange
  • Faulty on Arrival
  • Incorrect Item Received
  •  
• Refunds & Exchanges
• Purchases to be returned for a refund(excluding shipping costs).
• In some cases, a replacementor repairmay be offered depending on stock availability.
• Restocking Fee: Returns may be subject to a 30% restocking fee. If the item is no longer in it’s condition or if the seal/packaging has been broken, Robot has the right to refuse the credit.
• Handling Fees for Special Orders

Return of Specific Ordered Goods: If Robot has specifically ordered goods on your behalf (e.g. non-stock items or negotiated bulk orders), these may be subject to a handling fee if returned

• Bulk & Special-Order Item Returns

Should the Supplier refuse returns of this category of orders, Noni Bear reserves the right to:

• Swap out the stock for alternative products.
• Decline the return.

Warranty

The Warranty policy may vary from brand to brand by category:

• Safety Boots Warranty: Warranty policies vary by brand. For specific information, feel free to inquire at (noni Bear email address)
• Power Tools Warranty: Most power tools come with a 12-month warranty (unless otherwise stated). For more details, please reach out to (noni Bear onlineorders email address)
• Hand Tools Warranty: Some hand tools come with a lifetime warranty. Contact us for more details.
•  
• Return of Faulty Items
• Assessment: All items will require an evaluation by Robot Hardware or their Supplier, before any warranty claim can be processed.
• If the product is found to be in good working order, a collection feewill apply:
  • R210 for items originally sent with free shipping.
  • The same surcharge as the original shipping cost for items that had a surcharge will apply
  •  
• Shipping & Collection Fees

The customer will be responsible for the cost of the return shipment, except if the item is faulty and if the return is made within the first 3 months of the date of purchase. In such cases, Robot Industrial will cover the return shipping cost, T’S & C’S Apply

• A collection feewill be charged for returns on incorrectly ordered items, or if you change your mind, as mentioned above. This will be deducted from your refund once the supplier has credited Robot Industrial.
• Dispute Resolution

Short or Incorrect Item Shipments: Any disputes regarding short or incorrectly shipped items must be reported within 2 days from date of delivery or collection.

• Refund Processing Time

All refunds are subject to item inspection, which may involve sending the product to the supplier for evaluation and testing (this may take up to 15 working days).

• Once a refund is approved, it will be processed within 3-5 business days.
• Product Damaged by Customer through incorrect use – Warranty Voided.
• Damage due to Misuse: The warranty will be voided, and no responsibility will be accepted if the item is damaged due to misuse, improper installation, or any unauthorized repair or tampering.
• The Warranty does not cover damage caused by:
  • Electricity fluctuations, lightning strikes, faulty wiring, or improper use of controls.
  • Failure to follow the operating instructions.
  • Superior forces (vis major), infestations, or water/liquid damage.
  • Tampering with warranty seals or unauthorized repairs.

 

Return Packaging

• When items are returned, please repackagethe product safely and include all original packaging, literature, and accessories, so to avoid issues with the return process.

 

Robot Industrial reserves the right to refuse a refund if the item is damaged due to misuse, or if parts are missing, or if the product has been altered in any way.