General Terms and Conditions
ARTICLE 1 - DEFINITIONS
In these general terms and conditions, the following definitions apply:
Withdrawal period: the period during which the consumer can exercise their right of withdrawal;
Consumer: a natural person who is not acting in the course of a profession or business and who enters into a distance contract with a trader;
Fixed-term contract: a distance contract concerning a series of products and/or services with staggered delivery and/or collection obligations;
Durable medium: any means that enables the consumer or the trader to store information in a way that allows future use and reproduction in an unaltered form;
Right of withdrawal: the consumer’s option to withdraw from a distance contract within the withdrawal period;
Trader: a natural or legal person who offers products and/or services to consumers remotely;
Distance contract: a contract concluded within the framework of a system organized by the trader for the remote sale of products and/or services, exclusively using one or more means of distance communication;
Means of distance communication: methods used to conclude a contract without the consumer and trader being simultaneously present in the same location;
General terms and conditions: these general terms and conditions of the trader.
ARTICLE 2 - IDENTIFICATION OF THE TRADER
Crystalnova.co.za
Address: 10 Anderson Street, Pretoria, Gauteng, 0011, South Africa
Email: info@crystalnova.co.za
Phone: +41 79 807 71 57
ARTICLE 3 - APPLICABILITY
These general terms and conditions apply to all offers from the trader as well as to all distance contracts and orders concluded between the trader and the consumer.
Before the conclusion of a distance contract, the text of these general terms and conditions will be made available to the consumer. If this is not possible, the consumer will be informed before concluding the distance contract that the general terms and conditions can be viewed at the trader's business premises and will be sent to the consumer free of charge upon request.
If the distance contract is concluded electronically, the text of these general terms and conditions may be provided electronically in such a way that the consumer can store them on a durable medium before concluding the contract. If this is not possible, the consumer will be informed of where they can read the terms electronically and that they can be sent free of charge upon request.
If, in addition to these general terms and conditions, specific product or service conditions apply, the consumer may invoke the provision that is most favorable to them in the event of conflicting conditions.
ARTICLE 4 - THE OFFER
If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The trader reserves the right to modify and adapt the offer.
The offer includes a complete and detailed description of the products and/or services offered. The description must be sufficiently detailed for the consumer to make a proper assessment of the offer. If the trader uses images, they must accurately reflect the products and/or services being offered. Obvious errors or mistakes in the offer do not bind the trader.
All images, specifications, and details included in the offer are for illustration purposes only and do not constitute grounds for compensation or contract termination.
The product images provide an accurate representation of the offered products. However, the trader does not guarantee that the displayed colors exactly match the actual colors of the products.
Every offer must contain information that enables the consumer to clearly understand their rights and obligations arising from the acceptance of the offer, including:
- Prices, excluding customs clearance fees and import VAT, which will be charged separately to the customer;
- Any shipping costs;
- The procedure for concluding the contract and the necessary steps involved;
- The existence or non-existence of a right of withdrawal;
- The method of payment, delivery, and performance of the contract;
- The period during which the offer is valid or the period during which the trader guarantees the offered price;
- The costs of using distance communication technology, if charged differently than the standard rate;
- Whether the contract will be archived after its conclusion and how it can be accessed by the consumer;
- The way in which the consumer can verify and, if necessary, correct the information provided before concluding the contract;
- All languages in which the contract can be concluded in addition to English;
- The codes of conduct that the trader adheres to and how the consumer can consult them electronically;
- The minimum duration of the distance contract if it involves continuous or periodic delivery of products or services.
ARTICLE 5 - CONTRACT
The contract is concluded when the consumer accepts the offer and meets the stated conditions, subject to the provisions in paragraph 4.
If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the acceptance. As long as the acceptance has not been confirmed, the consumer may terminate the contract.
If the contract is concluded electronically, the trader must take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a safe web environment. If electronic payment is possible, the trader must implement appropriate security measures.
The trader may, within legal boundaries, obtain information on whether the consumer is able to fulfill their payment obligations, as well as any other facts and factors relevant to responsibly concluding the distance contract. If, based on this investigation, the trader has legitimate reasons not to enter into the contract, they are entitled to refuse an order or to impose special conditions on its fulfillment.
Together with the product or service, the trader will provide the consumer with the following information in writing or in a manner that enables the consumer to store it on a durable medium:
- The trader's business address where the consumer can submit complaints;
- The conditions for exercising the right of withdrawal or a clear statement if the right of withdrawal does not apply;
- Information about warranties and available after-sales services;
- The information specified in Article 4(3), unless the trader has already provided it to the consumer before fulfilling the contract;
- The conditions under which the contract can be terminated if it has a duration of more than one year or is indefinite.
For ongoing transactions, the above information only needs to be provided with the first delivery.
Each contract is concluded subject to the availability of the ordered products.
ARTICLE 6 - RIGHT OF WITHDRAWAL
When purchasing products, the consumer has the right to withdraw from the contract within 30 days without stating any reasons. The withdrawal period starts the day after the consumer or a designated representative has received the product and the trader has been notified in advance.
During the withdrawal period, the consumer should handle the product and packaging with care. The consumer may only unpack or use the product to the extent necessary to assess whether they want to keep it. If the consumer exercises their right of withdrawal, they must return the product with all accessories, in its original condition and packaging where possible, following the trader’s reasonable and clear instructions.
To exercise the right of withdrawal, the consumer must notify the trader within 30 days of receiving the product. This must be done in writing or by email. After notifying the trader, the consumer must return the product within 30 days. The consumer must provide proof of return, such as a shipping receipt.
If the consumer does not notify the trader within the specified periods or fails to return the product, the transaction will be considered final.
ARTICLE 7 - COSTS IN CASE OF WITHDRAWAL
If the consumer exercises their right of withdrawal, the return shipping costs are borne by the consumer.
If the consumer has made a payment, the trader will refund the amount as soon as possible, but no later than 14 days after withdrawal, provided that the trader has received the product back or the consumer has provided reliable proof of return.
ARTICLE 8 - EXCLUSION OF THE RIGHT OF WITHDRAWAL
The trader may exclude the right of withdrawal in the cases specified in paragraphs 2 and 3. The exclusion of the right of withdrawal is only possible if the trader has clearly stated this in the offer or before the contract was concluded.
Exclusion of the right of withdrawal is possible for products:
- That are made to the consumer’s specifications;
- That are clearly of a personal nature;
- That cannot be returned due to their nature;
- That can spoil quickly or have a limited shelf life;
- Whose price depends on fluctuations in the financial market that the trader cannot influence;
- That are newspapers, periodicals, or magazines;
- That include recorded audio, video, and software where the seal has been broken by the consumer;
- That are hygiene products where the seal has been broken by the consumer.
Exclusion of the right of withdrawal is possible for services:
- Related to accommodation, transport, catering, or leisure activities to be provided on a specific date or within a specific period;
- That have begun with the consumer’s explicit consent before the end of the withdrawal period;
- Relating to betting and lotteries.
ARTICLE 9 - PRICING
During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for changes due to VAT regulations.
In the case of a price reduction after purchase, the consumer is not entitled to a refund of the price difference. The consumer agrees to the price at the time of purchase.
The trader may offer variable prices for products or services whose prices are subject to fluctuations in the financial market that the trader cannot control. It must be stated in the offer that prices are subject to fluctuations and are indicative.
Price increases within 3 months after the contract is concluded are only allowed if they result from legal or regulatory provisions.
Price increases after 3 months following the contract's conclusion are only allowed if the trader has stipulated them beforehand and:
- They result from legal or regulatory provisions; or
- The consumer has the right to terminate the contract on the day the price increase takes effect.
The place of delivery is, in accordance with Section 5(1) of the 1968 VAT Act, the country from which the shipment originates. If the delivery is outside the EU, the consumer is responsible for paying import VAT and any customs clearance fees.
All prices are subject to typographical and printing errors. The trader is not liable for the consequences of such errors and is not obliged to supply the product at the incorrect price.
ARTICLE 10 - CONFORMITY AND WARRANTIES
The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of usability and/or reliability, and the legal provisions and/or government regulations in force at the time of the contract's conclusion. If agreed upon, the trader also guarantees that the product is suitable for purposes beyond normal use.
Any warranty provided by the trader, manufacturer, or importer does not affect the statutory rights and claims the consumer may assert against the trader based on the contract.
Any defects or incorrectly delivered products must be reported to the trader in writing within 30 days of delivery. The products must be returned in their original packaging and in an unused condition.
The warranty period provided by the trader corresponds to the manufacturer's warranty period. However, the trader is not responsible for the final suitability of the products for each specific application by the consumer or for any advice given regarding the use or application of the products.
The warranty does not apply if:
- The consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by a third party;
- The delivered products have been exposed to abnormal conditions or have been misused or handled contrary to the trader's instructions or the information provided on the packaging;
- The defects are wholly or partially due to regulations imposed by the government regarding the nature or quality of the used materials.
ARTICLE 11 - DELIVERY AND PERFORMANCE
The trader will take the utmost care when receiving and fulfilling product orders.
The delivery location is the address that the consumer has provided to the trader.
Subject to the provisions in Article 4 of these general terms and conditions, the trader will execute accepted orders with due speed, but no later than 14 days, unless a longer delivery period has been agreed upon. If delivery is delayed or if an order cannot be fulfilled, the consumer will be notified within 14 days of placing the order. In this case, the consumer has the right to terminate the contract.
ARTICLE 12 - FIXED-TERM CONTRACTS: DURATION, TERMINATION, AND RENEWAL
Termination
The consumer may terminate an indefinite contract for the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate a fixed-term contract that includes regular delivery of products (including electricity) or services at the end of the agreed period, subject to a maximum notice period of one month.
For the contracts mentioned above:
- Termination may occur at any time and is not restricted to a specific period;
- Termination must be possible in the same manner as the contract was concluded;
- The notice period applied by the trader must not be longer than the consumer's notice period.
Renewal
A fixed-term contract that includes regular delivery of products or services may not be automatically renewed or extended for a fixed period.
By way of exception, a fixed-term contract for the regular delivery of daily, weekly, or monthly newspapers or magazines may be extended for a maximum period of three months, provided that the consumer can terminate the extended contract with one month's notice.
A fixed-term contract for the regular delivery of products or services may only be extended indefinitely if the consumer has the right to terminate the contract with one month's notice. If the regular deliveries occur once a month or less frequently, the notice period may be up to three months.
A trial or introductory contract for the regular delivery of newspapers, magazines, or periodicals is not automatically renewed and ends automatically after the trial or introductory period.
Duration
If a contract has a duration of more than one year, the consumer may terminate it at any time after one year with one month's notice unless early termination is deemed unreasonable or unfair.
ARTICLE 13 - PAYMENT
Unless otherwise agreed, amounts owed by the consumer must be paid within seven business days after the withdrawal period mentioned in Article 6(1). In the case of a service contract, the payment term starts on the day the consumer receives confirmation of the contract.
The consumer is responsible for ensuring that all payment information provided is accurate and must notify the trader immediately of any errors.
If the consumer fails to make payment, the trader has the right, subject to legal restrictions, to charge the consumer for reasonable and pre-notified costs.
ARTICLE 14 - COMPLAINT PROCEDURE
Complaints about the execution of the contract must be fully and clearly described and submitted to the trader within 7 days after the consumer has identified the defects.
Complaints submitted to the trader will be responded to within 14 days from the date of receipt. If a complaint requires a foreseeably longer handling time, the trader will inform the consumer within 14 days of receipt about the expected timeframe for a more detailed response.
If a complaint cannot be resolved amicably, a dispute arises that is subject to the dispute resolution procedure.
Filing a complaint does not suspend the trader’s obligations unless the trader explicitly states otherwise in writing.
If a complaint is found to be justified, the trader will, at their discretion, replace or repair the delivered product free of charge.
ARTICLE 15 - DISPUTES
Contracts between the trader and the consumer, to which these general terms and conditions apply, are exclusively governed by South African law, even if the consumer resides outside of South Africa.
ARTICLE 16 - SMS MARKETING
By agreeing to Crystalnova’s SMS marketing when placing an order or signing up through available tools, you consent to receive recurring SMS messages (including abandoned cart reminders, order updates, and marketing offers), even if your number is on a state or federal "Do Not Call" list. Message frequency may vary. Your consent is not a condition for purchase.
To opt out of SMS marketing messages, reply to any message with STOP or use the unsubscribe link provided in any message. You acknowledge that using alternative opt-out methods, such as different words or phrases, will not be recognized as valid. We do not charge for this service, but your carrier's message and data rates may apply.
If you need assistance, reply HELP to any message or contact us via our website: https://www.crystalnova.co.za/pages/contact.
We reserve the right to change the phone numbers or shortcodes used for providing this service. In such cases, you will be notified. Messages sent to a changed number may not be received, and we are not responsible for handling such requests.
To the extent permitted by law, you agree that we are not responsible for failures, delays, or errors in delivering information through the service.
Your privacy is important to us. Please see our Privacy Policy (https://https://www.crystalnova.co.za/pages/privacy-policy) for details on how we collect and use your data.