Terms and Conditions

AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Nicholas S Antiques and Collectables  (“Company“, “we”, “us”, or “our”), concerning your access to and use of the www.nostalgianick.com via our website or Mobile application as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH OUR TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

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Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply or may have been updated in accordance with legislative or other reasonable requirements. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

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The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.

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INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of South Africa, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever.

 

USER REPRESENTATIONS

By using the Site, you represent and warrant that:

(1) all registration information you submit will be true, accurate, current, and complete.

(2) you will maintain the accuracy of such information and promptly update such registration information as necessary.

(3) you have the legal capacity, and you agree to comply with these Terms of Use;

(4) you are not a minor in the jurisdiction in which you reside.

(5) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise.

(6) You will not use the Site for any illegal or unauthorized purpose.

(7) You will solely be responsible for all activities undertaken by you or your designated representative, you have appointed to act on your behalf and as such will be responsible for the correct and proper manner in using the Site at all times.

(8) Your use of the Site will not violate any applicable law or regulation.

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USER REGISTRATION

(1) You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

(2) by entering and submitting your registration details as required, you agree that the Company does store your data in order to better improve your experiences on the Site through the use of cookies on our website and Mobile applications.

(3) You agree that you will be responsible for authorising access to your information and as such will be required and responsible for setting up your registration profile and whether you would select either public or private  in the settings upon registration. Public settings allow other users to see comments, likes, first and surnames, names while Private your information is hidden.

 

PRODUCTS

We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Site. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change without notice or requiring your consent. You understood that our products are vintage, rare, used, second hand and may have normal wear and tear associated with its age which will vary from item to item.

 All all of the items that we present have been previously owned and may not be in absolutely flawless condition. We include numerous pictures, please check the images carefully. All measurements were taken by hand and are approximate; slight variations may occur. Every effort has been made to correctly document the condition of each item here presented for sale, however condition reports may not be exhaustive and are only a general guide to the condition of the item. The onus is on the buyer to make themselves aware of the condition of all items of interest. Once purchased the owner is entitled to presume that the buyer has either viewed the item, or taken steps to enquire about the condition of the item prior to completing and purchasing the item. All items are sold on a voetstoots basis.

 

PURCHASES AND PAYMENT

Our payment Gateway partner is:

Yoco (Pty) Ltd

We accept the payments using the following merchants:

–  Visa -  Mastercard-  American Express -  Discovery

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed for the fulfilment of your purchase. Sales tax will not be added to the price of purchases as deemed required by us. All payments shall be in South Africa Rands (ZAR).

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to address any errors directly with you in the event a mistake in pricing may occur, even if we have already requested or received payment. We reserve the right to refuse any order placed through the Site if full payment has not been received within 24 hours. We reserve the right to cancel any order if partial payment has been received for a period of 72 hours. The dispatch and fulfilment of any order is subject to a 3 day money clearance period and as such no products will be packaged, dispatched or delivered to you until full payment is received. All goods remain the property of Nicholas S antiques until full payment has been received and ownership will be transferred.    

 

WARRANTY'S AND GUARANTEES

You accept that there are no Warranty's or Guarantees associated with our products and as such will be sold on a "voetstoets" principle unless such a Warranty or Guarantee is still valid from the manufacturer.

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RETURN POLICY

Our returns policy is as follows.

If you are not satisfied with your purchase you may return them for exchange (same/similar products of the same value) or request a credit within 3 days (including weekends) from date of receipt of delivery. For the avoidance of doubt 72 hours after delivery. You will be liable for all transportation costs of your returned items including courier service costs. All refund credit payments will only be processed when and if the condition of such goods has been received and found to be in the Condition it was bought in.

If the product is damaged or changed in any way, no refunds will be allowed or payable.   

 

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available which is for the avoidance of doubt is to provide an online sales platform of Antiques and collectable goods. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

1. Copy or distribute any photographs, descriptor or any other information relation to our to our products/services unless explicitly agreed to in writing.

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USER GENERATED CONTRIBUTIONS

The Site does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Site Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:

1.  You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.

2.  The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

3.  You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.

4.  Your Contributions are not false, inaccurate, or misleading, unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation, obscene, lewd, lascivious, filthy, violent, harassing, libelous or slanderous.

5.  Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people, ridicule, mock, disparage, intimidate, or abuse anyone in any manner.

6.  Your Contributions do not violate any applicable law, regulation rule, the privacy or publicity rights of any third part, law concerning child pornography, or otherwise intended to protect the health or well-being of minors

7.  Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.

8.  Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.

 

CONTRIBUTION LICENSE

You and Site agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback and pictures for any purpose without compensation to you.

• We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights, or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site and as such will not be liable for your submission or by any third party and you therefore agree to exonerate us from all responsibility.

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Competition Rules 

1. Judges decision is final

2. Competition is open to all qualifying buyers and any person may enter. 

3. The minimum entrance age for all competitions is 21 years of age. 

4. More than 1 entry per entrant is allowed.  

5. Prizes cannot be exchanged for cash or another product. 

6. Immediate family, staff members and their families are exempt from entering any competitions. 

7. Competition draws will make place at the NostalgiaNique Boutique store situated at Lifestyle Garden Centre, Randpark Ridge

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