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Terms & Conditions / Shopping FAQ’s

Unlimited Brand Services (Pty) LTD t/a BrandUnlimited is the appointed supplier of Nissan South Africa Lifestyle merchandise – operating through nissanmerchandise.co.za

nissanmerchandise.co.za provides the information contained on this website and the pages comprising the website (“website”) and advertises and sells the products to you, subject to the terms and conditions set out herein and as may be referenced herein (“the terms”) unless otherwise stated. For the purposes of these terms, “products” means those items offered for sale by nissanmerchandise.co.za or the services made available from time to time via the website.

Acceptance

By accessing and/or using the website, you agree to be bound by the terms. nissanmerchandise.co.za may at any time modify any of the terms and such modification will supersede and replace any previous terms. The amended terms will be made available on the website. Each time you access the website and/or use the services offered via the website, you agree to be bound by the terms, as may be modified from time to time.

Content of the Website

Whilst every effort is made to update the information provided on this website on a regular basis, nissanmerchandise.co.za makes no representations or warranties, whether express, implied in law or residual, as to the accuracy, completeness or reliability of any information, data and/or content on the website from time to time. nissanmerchandise.co.za reserves the right at any time to change or discontinue without notice, any aspect or feature of the website and any information, data and/or content on the website.

Access Codes

Before purchasing any products via the website, you will be obliged to enter your user name and personal password (“password”) or other unique identifying information. Jointly we refer to the ID and password and other unique identifying information as your “Access Codes”. You undertake to ensure that your Access Codes are not disclosed to any third party and to immediately report any actual or potential unauthorised access to or use of your Access Codes. On receipt of such communication, nissanmerchandise.co.za reserves the right to reject any communication received from you, suspend the processing of any communications and orders not yet executed by nissanmerchandise.co.za and immediately deactivate your Access Codes. You shall thereafter be obliged to refrain from ordering any products until such time as new Access Codes have been authorised by nissanmerchandise.co.za. nissanmerchandise.co.za may from time to time require you to change your Access Codes, as the case may be, and you undertake to comply with such instruction immediately.

Verification

You agree that all instructions, consents, orders and other communications which purport to originate from you or a person who had authority to act on your behalf to operate automatically (unless it is proved that such information system did not properly execute such programming) (collectively “the originator”) and which are sent to nissanmerchandise.co.za electronically and which may (as a result of interception, equipment malfunction, the distortion of communication links or any other reason whatsoever) be different from the instructions actually sent or given, or may not have been given by you at all, shall be deemed to have been given by the originator in the form actually received by nissanmerchandise.co.za and you will be bound by such instruction with no liability of whatever nature attaching to nissanmerchandise.co.za in regard thereto.

You waive any rights that you may have or obtain against nissanmerchandise.co.za arising directly or indirectly from any loss or damage of whatsoever nature which you may suffer as a result of the fact that nissanmerchandise.co.za acts on your instructions/orders or instructions/orders purported to emanate from you and you indemnify nissanmerchandise.co.za against all and any claims, liabilities, losses, costs, fines, damages and expenses incurred (whether directly or indirectly) by you, arising as a result of the fact that nissanmerchandise.co.za has acted on your instructions/orders or instructions/orders which purported to emanate from you.

Returns

  • All returns on Non-Discounted Items should take place within one week of purchase. No Returns / Exchanges will be accepted after one week of Non-Discounted Items.
  • All returns on discounted/sale items should take place within 3 days of purchase. No Returns / Exchanges will be Accepted After 3 days of purchase date for Discounted/Sale Items.
  • Item/s must be in a re-sellable condition.
  • Item/s must be in their original packaging, with labels attached, undamaged.

Return instructions

  1. Direct returns to our warehouse is prohibited.
  2. Request a return by emailing your order number, the details of the item/s in question, along with an explanation of why you would like to do so, to [email protected]
  3. Our orders department will contact you to arrange a suitable time and day to make collection. Please note: Generally a collection takes up to 5 working days.
  4. Once the returned item is back in stock, we will process a refund to the same value of the item purchased if an exchange of the same product cannot be supplied.

Please note the following:

  • Return requests will be approved at the discretion of nissanmerchandise.co.za.
  • Products will not be eligible for return if they have been partially or entirely disassembled, physically altered, permanently installed, affixed, attached, joined or added to, blended or combined with, or embedded within, other goods or property. This includes products & packaging that have been worn or damaged.
  • We do not accept returns after 7 working days but we will look at each return request and approve at our discretion.
  • Shipping and handling charges are not refundable, unless an order has arrived damaged, faulty, incorrect or missing. The nissanmerchandise.co.za customer service team will use their discretion to evaluate whether a refund for shipping and handling may be waivered.
  • A separate box must be used to ship products back with the original box inside. The original box cannot be used as packaging for shipping.
  • Any returns without the original packaging or damaged packaging will be returned back to sender and not be refunded.
  • Once a request for a return has been logged and approved by nissanmerchandise.co.za, you will be sent an email to confirm that our courier partner will arrange a collection date and time with you.
  • Please ensure that the item/s are in the packaging that you received them in, and that you include the original order invoice.
  • Collection and return to our warehouse can take up to 4 working days for Main centres, and 8 working days for outlying/regional areas from the date of logging a return.

Refunds

  • All returns will be refunded back to your original payment method to the value of the item only.
  • In the case of incorrect/damaged/faulty goods – your return will be refunded by way of your original payment method to the value of the item & delivery fee given this was the only item purchased. Please notify us of such products within 3 days of receipt of your order.
  • Please email [email protected] with a clear photo of the damage, the incorrect product received, along with the barcode, or the description of how the product is faulty. Please ensure to keep all original packaging. We will ensure the correct/new product is delivered to you (subject to stock availability) or you will receive a full refund by way original payment method (refund back into the c/card used to make the purchase)

Payment Procedure for Orders outside South Africa

  • Once you have completed checkout, you will receive an order confirmation via email. Following this, please wait for a Client Liaison to contact you directly.
  • Your shipping fee needs to be calculated after we have received your order.
  • Once you have received the order confirmation, please proceed with payment.

Shipping

  • Shipping Fee: Please note that orders will carry a delivery charge of R82.61 excl vat.
  • VAT will be charged on orders where applicable as set out by the South African Revenue Services.

Shipping to Destinations outside South Africa

  • Please note the Shipping Fee is only for to destinations within South Africa. If your delivery address is based outside of South Africa your delivery fee will be calculated once your order is received and then quoted on.
  • No Shipment will leave our warehouse until all funds have cleared in our bank account
  • You may arrange your own courier our provide us with your DHL number, but RSA VAT will be charged if delivered within the Republic of South Africa.
  • VAT will be charged on orders where applicable as set out by the South African Revenue Services. VAT on the web order may change.

Orders, confirmation & delivery

The advertising of products via the website merely constitutes an invitation by nissanmerchandise.co.za for you to make an offer to purchase products and we remain entitled to reject any order without giving reasons therefore. As erroneous or outdated prices may be displayed on this website from time to time, you agree that we will not be obligated to sell a product at such erroneous price. Once you have selected the product you wish to purchase and submitted your order to nissanmerchandise.co.za, you will be given the opportunity to review the entire transaction and correct any mistakes, before electing whether to withdraw from the transaction or proceed with the transaction. By clicking on the “purchase” or similar “final submit” button you are deemed to have submitted an offer to purchase the product/s selected by you (“order”) and the order cannot be withdrawn by you unless expressly agreed to by nissanmerchandise.co.za. nissanmerchandise.co.za reserves the right to cancel the order for any reason on notice to you. Receipt of a confirmation of the order (which constitutes acceptance by nissanmerchandise.co.za to process the order) will be sent to you once we receive your order. Although the website is set up to confirm receipt of orders, technical or other problems may delay or prevent such confirmations. DO NOT resend your instruction if you do not receive a confirmation from us as this may lead to a duplicate transaction for which you will be held liable. Please note that a transaction will only be deemed to have been concluded once the product/service in question has been delivered/collected in accordance with the selected delivery option or agreed process.

Delivery times are estimates only and we are not liable for any late deliveries.

A pre-order is not a completed or confirmed order. Although every effort will be made to source the requested product, we cannot guarantee the availability of any product. We also reserve the right to decline any pre-order without reason. Once in receipt of a pre-order we will reserve the product for purchase by you subject to stock availability. Final pricing of pre-ordered products may vary from the price displayed at the time the pre-order was placed. All pre-orders will be confirmed with you telephonically or via email.

A product request is not an order. Although every effort will be made to source the requested product, we cannot guarantee the availability or existence of any product. We also reserve the right to decline any product request. Once in receipt of a product request we will contact the relevant supplier to establish stock availability and pricing. All product requests will be confirmed with you telephonically or via email.

  • We deliver from MONDAY TO FRIDAY, between 08:00 AND 17:00.
  • Delivery lead times are between 3-5 DAYS excluding weekends and public holidays.
  • NissanMerchandise.co.za uses the services of various couriers for the delivery of all online orders. We can ship to any physical address but unfortunately we do not ship to PO Boxes.
  • If you place an order from outside the boundaries of South Africa, a quote for courier costs will be generated and payment confirmed before any orders are processed.

Undeliverable Packages / Double Delivery

  • The parcels will be returned to our offices, and we will then contact you to reschedule delivery.
  • Please ensure that you give the correct delivery details on your order and ensure someone responsible is there to sign and receive your order.
  • nissanmerchandise.co.za will not be held responsible whatsoever for missing parcels, should parcels be signed for at the delivery address provided.

Extended Delivery Times

  • If there is a product that requires an extended delivery time, you will be notified by email or telephonically.
  • All items with extended delivery times are shipped, with your approval as soon as they become available from the manufacturer.

Performance

All orders shall be executed within the time period notified therefore by nissanmerchandise.co.za. nissanmerchandise.co.za shall notify you should any products be unavailable for any reason whatever. You accept that the display of products is not necessarily a guarantee that a product is available.

Payment

For details on payment options, please refer to the payment options.
Please note, due to banking regulations we do not accept forex online or in store.

Cheque Payments

  • PLEASE NOTE: Due to cheque fraud, cheques are NOT accepted as payment unless in written confirmation. Any deposits made by cheque into our bank account will be subject to a mandatory 15 working day waiting period to ensure funds have cleared, before any stock will be dispatched.

Wash Care Instructions (for garments)

  • In accepting these terms & conditions you agree to care for your purchased garments according to the clear instructions printed on the garment labels.

Errors & Omissions Excepted

Your personal data will be used to process your order, support your experience throughout this website, and for other purposes described in our privacy policy.

Compliance with section 43(1) of the Electronic Communications and Transactions Act of 2002 (“ECT Act”).

In compliance with section 43(1) of the ECT Act, please note the following –

Full name : Unlimited Brand Services (Pty) LTD
Physical address : 217 Stallion Road, Beaulieu, Kyalami, 1684
Fax number : +27 (0) 11 7021398
Telephone number : +27 (0) 11 702 1412
Website address : http://www.brandunlimited.co.za
Registration number : 99/22241/07
Country of incorporation : South Africa
Current directors – H.C.A. van Beerschoten-Roschlau. R.M. van Beerschoten (Foreign)
Physical address for receipt of service : 217 Stallion Road, Beaulieu, Kyalami, 1684
You may request a record of your transaction for up to 90 days after which we will not be obligated to keep any records of your transactions.

Privacy and Security

All personal information obtained by nissanmerchandise.co.za by virtue of your use of this website is protected as set out in our privacy and security policy. Further, the security processes and procedures used by nissanmerchandise.co.za to protect information transmitted via the website are also set out in the privacy and security policy.

Copyright and Intellectual Property Rights

Copyright and all intellectual property rights in all materials, texts, drawings and data made available on this website (collectively “the materials”) are owned by nissanmerchandise.co.za alternatively, nissanmerchandise.co.za is the lawful user thereof and are protected by both South African and international intellectual property laws. Accordingly, any unauthorised copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of such material or any component thereof will constitute an infringement of such copyright and other intellectual property rights; save that you may use the materials or any component thereof for your own internal purposes and for the purposes of ordering products from nissanmerchandise.co.za. The trademarks, names, logos and service marks (collectively “trademarks”) displayed on this website are registered and unregistered trademarks of nissanmerchandise.co.za. Nothing contained on this website should be construed as granting any licence or right to use any trademark without the prior written permission of nissanmerchandise.co.za.

External links

External links may be provided for your convenience, but they are beyond the control of nissanmerchandise.co.za and no representation is made as to their content. Use or reliance on any external links provided is at your own risk. When visiting external links you must refer to the external terms and conditions of use. You may not link to this website, in any manner, or frame any content of this website in any other manner or otherwise use the content without the express prior written permission of nissanmerchandise.co.za.

Unlawful use

You shall not use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify nissanmerchandise.co.za against any loss, liability, damage or expense of whatever nature which nissanmerchandise.co.za or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website to send or post any message or material as aforesaid.

Warranties, Disclaimers and Limitation of Liability

Save as set out in the terms, nissanmerchandise.co.za makes no warranties, representations, statements or guarantees (whether express, or implied in law or residual) regarding the website and the products and the website and products made available via the website are provided “as is”. Neither nissanmerchandise.co.za nor its employees and directors shall be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential) and/or expense of any nature whatsoever which may be suffered by you or any third party, as a result of or which may be attributable, directly or indirectly, to your access and use of the website and/or any information contained on or via the website and/or your use of the products. Without limiting the generality of the aforegoing, neither nissanmerchandise.co.za nor its directors shall be liable for any failure and/or unavailability of the website for any reason whatever and/or the failure/delay by any third party service provider to render any service which is necessary to ensure the availability of the website. You hereby indemnify nissanmerchandise.co.za or its directors against any loss, liability, damage (whether direct or consequential) or expense of any nature whatsoever which may be suffered by you or any third party as a result of or which may be attributable directly or indirectly to the aforesaid. Notwithstanding anything to the contrary contained herein, nissanmerchandise.co.za shall not be liable for any direct, indirect, contingent or consequential loss (including but not limited to loss of business, loss of data and/or loss of profits) incurred or sustained by you or any third party howsoever arising in respect of your use of or reliance of any information offered on or via the website and/or your use of the products. Without limiting the generality of the aforegoing, nissanmerchandise.co.za shall not be liable to you or any third party for any loss or damage of whatsoever nature in the event that you request that an order be stopped or cancelled.

By accessing the website, you warrant and represent to nissanmerchandise.co.za that you are legally entitled to do so to purchase any of the products offered for sale via the website. You further warrant that all the details you have given are true and complete and that you are legally capable of concluding this transaction. If you are younger than 18 years of age you warrant that you have the consent of your legal guardian to enter into this agreement with nissanmerchandise.co.za or that you have obtained legal status in another manner.
We may in our sole discretion at any time suspend or terminate the operation of this website without prior notice to you and without the need to give you reasons for such termination.

Use of the Website

nissanmerchandise.co.za does not make any warranty or representation that information and products advertised on the website are appropriate for use in any jurisdiction. By accessing the website, you warrant and represent to nissanmerchandise.co.za that you are legally entitled to do so and to make use of information and purchase the products made available via the website.

Address for Service

The address for service for all purposes relating to these terms of use including the giving of any notice, the payment of any sum, the serving of any process, is the address set out above

nissanmerchandise.co.za shall be entitled from time to time, by giving notice to you to vary its physical address for service to any other physical address within the Republic of South Africa, and to vary its facsimile address for service to any other facsimile number.

General

Without detracting from the provisions of your account terms and conditions, the terms constitute the sole record of the agreement between you and nissanmerchandise.co.za in relation to your use of this Website. No indulgence or extension of time which either you or nissanmerchandise.co.za may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.

nissanmerchandise.co.za shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of these terms. All provisions of these terms and conditions are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of these terms and conditions which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of these terms and conditions shall remain in full force and effect.

Should nissanmerchandise.co.za be prevented from fulfilling any of its obligations to you as a result of any event of force majeure, then those obligations shall be deemed to have been suspended to the extent that and for as long as nissanmerchandise.co.za is so prevented from fulfilling them and your corresponding obligations shall be suspended to the corresponding event. In the event that force majeure continues for more than fourteen days after it has first occurred then nissanmerchandise.co.za shall be entitled (but not obliged) to terminate all of its rights and obligations in terms of or arising out of these terms by giving notice to you. An “even

of force majeure” shall mean any event or circumstance whatsoever which is not within the reasonable control of including, without limitation, vis major, casus fortuitus, any act of God, strike, theft, riots, explosion, insurrection or other similar disorder, war (whether declared or not) or military operations, the downtime of any external telecommunications line, power failure, international restrictions, any requirement or any international authority, any requirement of any government or other competent local authority, any court order, export control or shortage or transport facilities.

These terms shall be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to any principles of conflict of law. You hereby consent to exclusive jurisdiction of the High Court of South Africa in respect of any disputes arising in connection with the services referred to herein, or the terms or any matter related to or in connection therewith. For purposes of calculating any time periods GMT +2 shall be used. Your terms and conditions shall apply to all transactions you conclude via this website.

A certificate issued by an administrator of this website shall constitute prima facie proof of any fact related to this website, including but not limited to which version of the terms and conditions govern a particular dispute and what content was published or functionality was available on the website at a specific point in time. The deeming provisions of the ECT Act are excluded to the extent that no message shall be deemed to have been received by us unless we acknowledge receipt thereof in writing. This does not detract from the fact that if you submit an order more than once you may have concluded a double transaction for which you will be liable and that a transaction will only be deemed to have been concluded between you and nissanmerchandise.co.za on delivery / collection of the product or service.