Terms & Conditions

 

This website is governed by the laws of South Africa.

All references to “the company”, “we”, “us” and “our” in these terms and conditions are deemed to refer to Naughty Pixie (Pty) Ltd, registration number 1935/007335/07, a limited liability private company incorporated in the Republic of South Africa.

All references to “you” and “your” are deemed to refer to any user and/or visitor of www.naughtypixie.co.za (“website”).

These Terms & Conditions govern your use of this website.

Acceptance of Terms

The company permits the use of this website subject to these Terms and Conditions. By using this website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally.

Website Usage

Only users of 18 years of age or older may use this website. If you are under the age of 18, you may use the website only with the supervision of your parent or legal guardian.
You agree that you will not use any device, software or other instruments to interfere or attempt to interfere with the proper working of this website. In addition, you agree that you will not use any robot, spider, other automatic devices, or manual process to monitor, copy, distribute or modify the website or the information contained herein, without the prior written consent.
You may not use the website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
You may not display, publish, copy, print, post or otherwise use the website and/or the information contained therein for the benefit of any other website without the express prior written consent from the company.

Disclaimer

Any person who accesses this website or relies on this website or on the information contained in this website does so at their own risk.
While the company takes reasonable measures to ensure that the contents of this website are accurate and complete, the company makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of this website or as to the accuracy, completeness or reliability of any information on this website.
All information provided on this website is provided “as is” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in South African Law.
The company does not accept responsibility for any errors or omissions on this website.
In addition to the disclaimers contained elsewhere in these Terms and Conditions, the company also makes no warranty or representation, whether expressed or implied, that the information or files available on this website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise or jeopardise the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way.
Unless stipulated the shown prices exclude accessories used for display purposes and include the current VAT rate.
We reserve the right to limit quantities sold to individual customers. At the time of publication, all prices on display are correct. Naughty Pixie (Pty) Ltd reserves the right to change, amend or discontinue any product, product description or price without prior notice.

THIRD-PARTY linked websites

This website may contain links or references to other websites (“THIRD-PARTY websites”) outside of our control, including those of advertisers. These Terms and Conditions do not apply to those THIRD-PARTY websites and the company accepts no responsibility for the practices and/or privacy policies of those THIRD-PARTY websites or the “cookies” that those sites may use.
Notwithstanding the fact that this website may refer to or provide links to THIRD-PARTY websites, your use of such THIRD-PARTY websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such THIRD-PARTY websites or your reliance on any information contained therein.

Privacy Policy

Naughty Pixie (Pty) Ltd shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, “personal information” shall be defined and detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569.
We respect and take the privacy of your personal information extremely seriously. Should you decide to make use of our website, the only personal information that we will require of you is the following;

  • Your name and surname
  • Your email address
  • Your physical address
  • Your telephone, fax or mobile number

It is your responsibility to update any of your personal information that you provided to us as soon as it is no longer accurate or complete.
This website makes use of “cookies” to automatically collect information and data through the standard operation of the Internet servers. “Cookies” are small text files a website can use to recognize repeat users, facilitate the user’s ongoing access to and use of a website and allow a website to track usage behaviour and compile aggregate data that will allow the website operator to improve the functionality of the website and its content. The type of information collected by cookies is not used to personally identify you. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature. Please note however that cookies may be necessary to provide you with certain features available on our website, and thus if you disable the cookies on your browser you may not be able to use those features, and your access to our website may therefore be limited.
You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
The purposes for which we will use your personal information are as follows: to contact you regarding current or new products or services, to inform you of special offers and promotional competitions (provided you have consented to receiving such marketing material), and to improve your experience on our website.
The company will not use your personal information for any purpose (other than as stated above) without your express written consent. We will not use or disclose your personal information to third parties without your written consent unless the use or disclosure is;

  • Required in order to comply with applicable law, order of court or legal process served on the company; and/or
  • Disclosure is necessary to protect and defend the rights or property of the company

We will be entitled to disclose your personal information to those of our employees and/or THIRD-PARTY service providers who assist us to interact with you via our website or email and thus need to know your personal information in order to assist us to communicate with you properly and efficiently. We will ensure that all such employees and/or THIRD-PARTY service providers having access to your personal information are bound by appropriate and legally binding confidentiality clauses and non-use obligations in relation to your personal information.

We will;

  • Treat your personal information as strictly confidential
  • Take appropriate technical and organisational measures to ensure that your personal information is kept secure
  • Protect your personal information against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access
  • Promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information
  • Provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request
  • Upon your request, promptly return or destroy any and all of your personal information in our possession or control

We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.
If you disclose your personal information to a THIRD-PARTY, such as an entity which operates a website linked to this website or anyone other than the company, THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED BY YOU AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION TO THE THIRD-PARTY. This is because we do not regulate or control how that THIRD-PARTY uses your personal information. You should always ensure that you read the privacy policy of any THIRD-PARTY.
Due to the nature of the Internet, we cannot guarantee that your communications will be free from unauthorised access by third parties. Accordingly, WE WILL NOT BE HELD LIABLE FOR ANY LOSS OR DAMAGES ARISING FROM THIRD PARTIES’ UNAUTHORISED ACCESS OF YOUR DATA.

Limitation of Liability

NAUGHTY PIXIE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL INJURY, LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, ANY MATERIAL OR CONTENT CONTAINED IN, OR INABILITY TO USE, AND/OR UNLAWFUL ACTIVITY ON, THE WEBSITE AND/OR ANY LINKED THIRD-PARTY WEBSITE. YOU HEREBY INDEMNIFY THE COMPANY AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD-PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD-PARTY WEBSITE.

Governing Law and Jurisdiction

Our relationship and/or any dispute arising from or in connection with these terms and conditions of sale shall be governed by the laws of the Republic of South Africa. You agree to be subjected to the exclusive jurisdiction of the South African courts.

Consent

You consent and understand that all the designs and trademarks are registered to Naughty Pixie (Pty) Ltd and hereby accept the terms and conditions. You undertake not to copy/duplicate the trademarks and designs directly or indirectly in anyway and understand the legal implications thereof. Should you be found to be in violation of this agreement, you understand that you will be held liable for all legal costs incurred by Naughty Pixie (Pty) Ltd, for any civil action or any legal action deemed necessary against you.

Breach

If any party (“Defaulting Party”) breaches any of these terms and conditions and fails to remedy such breach within 21 (twenty-one) days of receipt of notice to remedy the breach, the aggrieved party shall be entitled to claim specific performance or to cancel this agreement forthwith upon written notice to the defaulting party, without prejudice to its right to recover;

  • Any amounts that may be due to it in terms of this agreement
  • Any loss or damage suffered as a consequence of the breach or the cancellation of this agreement

Updating of these Terms and Conditions

Naughty Pixie (Pty) Ltd may, at any time and at its sole discretion, change this agreement or any part thereof without notice. You agree that the company will not be liable to you in the event that it chooses to suspend, modify or terminate this website.
We reserve the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this website. It is the User’s obligation to periodically check these Terms and Conditions at the website for changes or updates. The User’s continued use of this website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
We will use reasonable endeavours to maintain the availability of the website, except during scheduled maintenance periods, and reserve the right to discontinue providing the website or any part thereof with or without prior notice to you.
These Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
The Conditions will be exclusively governed by and construed in accordance with the laws of South Africa whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.

TERMS AND CONDITIONS OF SALE

Sale of Goods

These Terms and Conditions of Sale govern the sale of products (“Goods”) by the company to you via the website. The Terms and Conditions of Sale are in addition to the terms and conditions of use of the website, which can be viewed at www.naughtypixie.co.za.
Once you tick the box labelled “I accept”, these Terms and Conditions of Sale form a legally-binding agreement between you and the company. You may contact us via email to obtain a full record of your transaction.

Agreement

When you click to make a purchase with us legal obligations arise and your right to refund of monies charged to your credit card or paid in any other way agreed by us, are limited by our terms & conditions.
You must not make any purchase through this site unless you understand and agree all our terms and conditions. Once payment is made for the purchase, it is deemed that you have read and understood the terms and conditions for such purchase. If you have any queries please contact us before making any purchase for any service through this website.

Product Availability

Every effort is made to process your order speedily however unforeseen circumstances may cause delays. Should we be faced with such an occurrence Naughty Pixie (Pty) Ltd will contact you via email and provide a revised completion date.

Prices and Pricing 

The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rands (ZAR).

Payments

Payments can be made via Visa, Mastercard.

Card acquiring and security

Card transactions will be acquired for Naughty Pixie (Pty) Ltd via PayFast (Pty) Ltd who are an approved payment gateway for all South African Acquiring Banks. PayFast (Pty) Ltd uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no card details are stored on the website. Users may go to www.payfast.co.za to view their security certificate and security policy.

Customer details and Card details

Customer details will be stored by Naughty Pixie (Pty) Ltd separately from the card details which are entered by the client on the PayFast (Pty) Ltd secure website. For more details on PayFast (Pty) Ltd refer to www.payfast.co.za.

Responsibility

Naughty Pixie (Pty) Ltd takes responsibility for all aspects relating to the transaction including sales of goods and services sold on this website.

Security

Naughty Pixie (Pty) Ltd is committed to providing secure online services. All encryption complies with international standards. 128-bit Secure Socket Layer (SSL) encryption is used to protect the transmission of personal information when completing online transactions. The company registration documents and the site’s registered domain name are checked and verified by Thawte, ensuring that nobody can obtain confidential information.

Cancellations and Returns

The provision of goods and services by Naughty Pixie (Pty) Ltd is subject to availability. In cases of unavailability, Naughty Pixie (Pty) Ltd will refund the client, in full, within 30 days. We would like you to be completely satisfied with the purchase you made at Naughty Pixie (Pty) Ltd. You are entitled to cancel your order and may return any goods you have purchased within 21 (twenty-one) days, provided the items returned are unused, in its original packaging and in a saleable condition. Refunds are only done where a valid proof of purchase is available and will be processed the same as the original method of payment. To protect you the customer and Naughty Pixie (Pty) Ltd, we will need to record your personal details, reason for return, as well as to assist with customer satisfaction surveys.
If you would like to return your purchase, you will be liable for the direct costs of returned items.
All returned products will be subject to inspection to ensure a suitable refund.
The following items will not be accepted for return;

  • Cut to size items that have been made to suit your needs
  • Misused and/or purposely damaged items

Deliveries and Collections

Subject to availability and receipt of payment, requests will be processed within 5 – 7 days and confirmed by way of Email and/or SMS notification. Once an online order has been placed, it is final and cannot be changed in any way.
If you use the “Click and Collect” option during checkout, you may contact your selected store should you want to send your own courier service to collect, once payment has been approved and cleared.