SHOPPING TERMS AND CONDITIONS

This website, www.tntmercury.co.za, (“our website”) is owned and operated by:

Titan Nutraceutical Technologies (‘TNT), a Closed Corporation registered in accordance with the Company Laws of the Republic of South Africa and with registration number 2006/108510/23, which has its principal place of business at Route 21 Corporate Park, Unit C2, Prospect Close, 43 Regency Drive, Irene, 0157.

Should you have any queries or questions regarding our products or services, these Terms & Conditions (T’s & C’s), and/or our website, please address your queries to online@tntmercury.co.za.

Please note that the use of our website, our products, and all online orders at www.tntmercury.co.za are subject to the Terms and Conditions (T’s & C’s) contained herein. Please ensure that you have read and understood these Terms and Conditions (T’s & C’s) before using this website, placing any orders, and/or entering into any sort of credit and/or COD agreement with ourselves.

The Terms & Conditions (T’s & C’s) consist of three sections, namely:

GENERAL TERMS

ONLINE ORDER & PURCHASE TERMS

DELIVERY AND RETURNS POLICY

GERNERAL TERMS

• Our website may only be used for personal, non-commercial browsing, shopping, and information purposes. No other use is permitted without our prior written consent.

• The unauthorised use of our website, including but not limited to, copying, reproduction, variation, modification or distribution the uploading of any unlawful or damaging information or viral software, or the creation of any links to our website from any other site whatsoever, is strictly prohibited.

• We do our best to ensure that the information on our website is accurate.

• Comments and opinions uploaded onto our website by our users and guests are their opinions and do not in any way represent our views, opinions, or beliefs.

• By using our website, you agree to and are bound by these Terms & Condition. Any other terms whether express or implied not contained herein shall not be of any force or effect.

• We reserve the right to amend these Terms & Conditions (T’s & C’s), from time to time and without giving you prior notice of such amendments. Accordingly, it is incumbent upon you to regularly check for any amendments to these Terms & Conditions (T’s & C’s), which will naturally regulate your continued use of our website.

• We reserve the right to suspend our website or any part thereof or terminate your account at any time if we, in our sole discretion, determine that you are not using the website in compliance with these Terms & Conditions (T’s & C’s), or for any other reason whatsoever.

• We use “Cookies” to identify and collect data in respect of the device with which you connect to our website. We reserve the right to restrict your use and access to our website or part thereof in the event of any unauthorized use.

• When you visit our website, you are not compelled to provide personal information. Our website servers will however collect data in respect of the device with which you connect to our website, as contemplated in Clause 8 above. This information is aggregated to measure the number of visits, average time spent at the website, pages viewed, etc. We use this information to determine the use of the website, and to improve the content thereon.

• Your privacy is important to us and we will therefore make all reasonable efforts to ensure that any information that you upload on our website will be stored on a secure server.

• Our secure server encrypts your personal information to minimise the risk of unauthorised disclosure or interception. Please see our Privacy Policy for further information.

• All information is private. We will not disclose, sell, or rent your personal information to Third Parties without your consent unless we are legally compelled to do so.

• All sensitive data is secured stored within TNT’s payment gate service provider, PayFast systems using internationally recognised 256-bit encryption standards. The data that they hold is extremely secure and strict policies are in place ensuring limited and secure access to their servers internally are maintained. The information they store is highly regulated and audited regularly by a Quality Assurance Assessor (QSA). Additionally, PayFast works within a robust PCI DSS Level 1 certified environment, the highest level of compliance, for more protection. They are audited annually by a QSA ensuring that the utmost security is always maintained.

• PayFast maintains multiple private links into the banking network that are separate from the Internet and which do not cross any publicly accessible networks. Any cardholder information sent to the banks and any authorisation message coming back is secure and cannot be tampered with.

• Any credit card would be asked for 3D secure enrolment if not already enrolled with the issuer to process transactions with authentication from the cardholder issuing bank.

• No credit card data will be stored.

• No unauthorized access to the payment pages site will be permitted. Only TNT as a known entity will be allowed to direct encrypted payloads to the Payment Pages.

• All copyright, trademark, patent and other Intellectual Property (“IP”) rights embodied in any logos, text, images, video, audio, products or other material on our website are owned by or licensed to Titan Nutraceutical Technologies CC (“our licensor”).

• All data obtained from our website belongs solely to our licensor.

• Unauthorised use, reproduction, modification and/or distribution of our licensor’s IP is strictly prohibited, and such use shall only be permitted with our, or our licensor’s, prior written consent.

• You use our website entirely at your own risk.

• We shall not be liable for any loss or damages suffered by you, whether direct, indirect, incidental, special, or consequential, caused or arising from the use of our website or the purchase of our products.

• We cannot and do not warrant that the use of our website will be uninterrupted or error free, or that our website or website servers are free from viruses or other harmful components.

• Should any of these Terms & Conditions (T’s & C’s) be found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidable, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.

• Any condonation of any breach of any of the provisions hereof or other act or relaxation, indulgence or grace on our part shall not in any way operate as or be deemed to be a waiver by us of any rights under this agreement, or be construed as a novation thereof.

• These Terms & Conditions (T’s & C’s) are governed by the laws of the Republic of South Africa.

• When registering, you will be required to choose a User ID and a Password. Please keep your Password private.

• You will be required to enter your User ID and Password each time you visit our online shopping site. To amend any registration details, please click on MY PROFILE and edit your details.

ONLINE ORDER AND PURCHASE TERMS

These are the Terms and Conditions (T’s & C’s) on which we will contract with you (“the Conditions”)

1. Definitions

• “Buyer” Â – the person, firm or company who purchases the Goods from the Company.

• “Company” Â – Titan Nutraceutical Technologies CC, Reg No. 2006/108510/23 (known herein as “TNT”).

• “Contract” Â – any contract between the Company and the Buyer for the sale and purchase of the Goods, incorporating these Conditions.

• “Goods” Â – any goods agreed in the Contract to be supplied to the Buyer by the Company (including any part or parts of them).

 2. Application of Terms

• All Contracts shall be subject to these Conditions (T’s & C’s) to the exclusion of all other Terms & Conditions (T’s & C’s) (including any terms or conditions which the Buyer purports to apply under any purchase order, confirmation of order, specification or other document).

• Any alternative Terms & Conditions (T’s & C’s) or any addition, alteration, or variation to these Terms & Conditions (T’s & C’s) or representations about the Goods shall not apply unless they are expressly agreed in writing and signed by the Company.

• Any order or acceptance of a quotation for Goods by the Buyer to the Company shall be deemed to be an offer by the Buyer to purchase Goods subject to these Conditions.

• No order placed by the Buyer shall be deemed to be accepted by the Company until a written acknowledgement of order is issued by the Company or (if earlier) the Company delivers the Goods to the Buyer. The acknowledgement of an order by a message on the Company’s website or an e-mail shall constitute confirmation or acceptance of such order. The order confirmation e-mail will state the following: the goods to be delivered; the delivery fees; Value-Added Tax and the amount debited from your payment card.

• The Buyer shall ensure that the terms of its order and any applicable specification are complete and accurate.

3. Description

All samples, drawings, descriptive matter, specifications and advertising issued by the Company and any descriptions or illustrations contained in the Company’s Catalogues, Brochures or on its Website are issued, published or displayed for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Contract and shall not be treated as constituting any warranty, representation, or condition in relation to any of the Goods. This is not a sale by sample.

4. Delivery

Goods will only be delivered once payment has been confirmed by TNT, where after the Goods will be delivered as follows:

• to the Buyer by courier services, Seabourne Express;

• to the specified physical delivery address as stated on the online order form;

• on any day from Mondays to Fridays, between 08:00 and 17:00.

• If the Buyer does not properly accept delivery, the Goods will be deemed to have been delivered and risk in the Goods will pass to the Buyer (including for loss or damage caused by the Company’s negligence).

• Any complaint of short delivery or defects discoverable on reasonable inspection must be notified to the Company within 7 days of receipt of the Goods and confirmed in writing at that time by the Buyer to the Company.

• The Company shall give credit for any defective Goods, provided that condition 4.4 has been complied with and that the defective Goods have been returned to the Company, accurately identified, and packaged appropriately. The Company’s liability for non-delivery of Goods shall be limited to issuing a credit note at the appropriate rate within a reasonable time.

• Any dates specified by the Company for delivery of the Goods are intended to be an estimate and time for delivery shall not be of the essence.

• No delivery fees are charged for orders over R700. Orders under R700 have a R85 flat rate delivery fee.

• No deliveries will be made on weekends and public holidays. We will use our best endeavours to effect deliveries within the above stated time. Whilst we will endeavour to ensure that goods are delivered timeously, we shall not be responsible for any delays in the delivery of such goods, and you will not be entitled to refuse acceptance of such late deliveries.

• Upon delivery of the goods, you or any other person to be found at the specified delivery address will sign our official delivery note or the delivery note of any authorised independent carrier which signature will constitute delivery of the goods purchased.

• For verification purposes, the person accepting delivery at the delivery address may be required to produce a form of identification. Any person other than yourself who receives the products at the delivery address is presumed to be authorised to accept delivery on your behalf.

• Should no one be in attendance at the time of delivery, the driver of the courier service will return the products to our warehouse and leave a notice at the delivery address to this effect. The delivery service will attempt to contact you in order to arrange for an alternative delivery time. We reserve the right to charge an additional delivery fee should it be required in the circumstances.

5. Risk/Title

5.1. Risk in the Goods shall pass to the Buyer upon delivery.

5.2. Ownership of the Goods shall not pass to the Buyer until the Company has received in full (in cash or cleared funds) all sums due to it in respect of;

5.3. the Goods; and;

5.4. all other sums which are, or which become due to the Company from the Buyer on any account.

6. Price and Payment

• Unless otherwise agreed by the Company in writing, the price for the Goods shall be the price set out on the Company’s website (inclusive of 15% Value Added Tax) as at the date of delivery or deemed delivery. The Company reserves the right to alter the prices of any goods and services from time to time and without prior notice. 

• Payment for the Goods shall be made, without any set-off, deduction or counterclaim whatsoever. We will debit the total value of your online order against the payment card tendered by you during the online order process. Time for payment shall be of the essence.

• No payment shall be deemed to have been received until the Company has received cleared funds via the payment gate with a 3D Secure enabled card or Instant EFT. Only bank cards of South African banks are accepted. We do not accept foreign bank cards, digital currencies, cheques, lay-by’s or other payment formats.

• By submitting your order, name, ID number and payment card details you warrant that you are over the age of 18 (eighteen), are authorised to make payment with the payment card and that there are sufficient funds available to pay for the order.

• All payments payable to the Company under the Contract shall become due immediately on its termination despite any other provision or any act or proceedings which involves the solvency of the Buyer.

7. Cancellation

• You must notify us in writing within 24 hours after submission of the online order of your intention to cancel the Contract/order. Notification of cancellation must be submitted to: online@tntmercury.co.za. It will only be possible to cancel the order if it has not already been sent out for delivery. If it has been processed, and is on delivery, you will have to wait for the parcel to arrive and then still email us at online@tntmercury.co.za. You will be able to view the status of your order in your ‘MY PROFILE’ tab.

• Cancellation of Contracts/orders will be accepted at our sole and absolute discretion and we do not provide a warranty that any cancellation of any order will be accepted.

• If you cancel your payment for any reason or, if your payment card should cease to be valid for whatever reason, you will nevertheless be bound to pay to the full purchase price, including all costs incurred by us relating to the Contract and the cancellation thereof.

8. Limitation of Liability

• The following provisions set out the entire financial liability of the Company (including any liability for the acts or omissions of its employees, agents, and sub-contractors) to the Buyer in respect of:

• any breach of these Terms & Conditions (T’s & C’s); and

• any representation, statement, act, or omission including negligence arising under or in connection with the Contract.

• All warranties, conditions and other terms implied by statute or common law are to the fullest extent permitted by law excluded from the Contract.

• The Company shall not be liable for:

• loss of profits; or
• loss of business; or
• depletion of goodwill and/or similar losses; or
• loss of anticipated savings; or
• loss of goods; or
• loss of contracts; or
• any special, indirect, consequential, or pure economic loss, costs, damages, charges, or expenses.

• The Company’s total liability in contract, delict, misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of the Contract shall be limited to the price paid by the Buyer for the Goods and the Buyer shall be responsible for making its own arrangements for the insurance of any excess loss.

9. Assignment

The Buyer shall not be entitled to assign the Contract or any part of it without the prior written consent of the Company. 

10. Force Majeure

The Company reserves the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Goods ordered by the Buyer (without liability to the Buyer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Company including, without limitation, acts of God, governmental action, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of 6 months, the Buyer shall be entitled to give notice in writing to the Company to terminate the Contract.

10. General

11. Each right or remedy of the Company under the Contract is without prejudice to any other right or remedy of the Company whether under the Contract or not.
12. If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidable, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.

3. Failure or delay by the Company in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of any of its rights under the Contract.

4. Any waiver by the Company of any breach of, or any default under, any provision of the Contract by the Buyer shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract.

5. The parties to the Contract do not intend that any term of the Contract shall be enforceable by any person that is not a party to it.

6. The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by the laws of the Republic of South Africa and the parties submit to the exclusive jurisdiction of the South African courts.

7. Notices: Any notice required or permitted to be given by either party to the other under this Agreement shall be in writing and addressed to the other party at its registered office, principal place of business or, where the Buyer is a consumer, home or such other address as may at the relevant time have been notified to the party giving the notice where such notice shall be deemed to have been given when delivered if delivered by hand and 2 working days following the date in which the said notice was so posted.

DELIVERY AND RETURNS POLICY

Delivery

Please see details of our Delivery and Shipping Terms and Conditions (T’s & C’s) below. Delivery Policy, which are incorporated by reference. To consider and process your registration, TNT will require you to provide the Company with the necessary information, including personal details and your delivery address. Please ensure that you provide a valid street address where somebody will be available to receive the parcel between 8 am and 5 pm as the courier service cannot provide specific delivery times. If you are unlikely to be at home during those hours, please provide an alternative address at the time of ordering. 

Orders are dispatched from our warehouse within 48 hours of being received, except on a Friday, when orders are dispatched the following Monday. Delivery normally takes place within 72 hours of placing an order to metropolitan areas. Regional deliveries can take up to 5 working days. All orders place before 2pm on a business day will be dispatched that day. Orders received after 2pm will be dispatched the following business day.

Tracking an Order

For order tracking, please email us on online@tntmercury.co.za. Use your order number in the Subject Line of the email.  

Returns

Please refer to our Returns Policy for more information about cancelling orders after delivery, and about returns. The Returns Policy is incorporated by reference (which means that it forms part of these Terms and Conditions). If you are not satisfied with your purchase and would like to return the goods, please email us at online@tntmercury.co.za within 7 days (unless otherwise specified) after receiving your parcel, specifying the reason for the return.

If the return request is valid, a collection of the product in question will be done by the courier and it will be returned to TNT for inspection. If you receive your order and find that it has been damaged, is defective in any way or is not the item which you ordered, then TNT will arrange a refund by means of a voucher code which can be used again on www.tntmercury.co.za. The voucher code will be sent to you by email.

TNT will only refund your credit card if no other resolution can be found for the situation. Please do not return an item without informing TNT and please ensure that all returned goods are clearly marked with your name and original order details. 

If the product has been opened, TNT will only issue a refund if the product is found to be faulty/defective/inconsumable. You have 7 days after receiving your shipment to email us about this. Our internal Quality Control Team will inspect the product and analyse it versus the retention samples on hand before issuing the customer with a voucher code to the same amount of that of the product purchased initially. If the product has been opened and is not defective, it cannot be returned to TNT. 

Please contact TNT on online@tntmercury.co.za if you have any questions or queries regarding your return. Please note that returns can take between 7-10 business days to be received and processed, however, we will do our best to minimise any delay.

Privacy Policy

GENERAL

Thank you for choosing to use our Site. www.tntmercury.co.za (“the Site”) respects your privacy and makes a firm commitment to protect your privacy and personal information. To provide you with the best products, efficient customer service, and timely updates, we record a variety of information from your visit to our site.

This Privacy Policy explains how we collect, use, and (under certain conditions) disclose your personal information. This Privacy Policy explains your options regarding the collection, use, and disclosure of your personal information.  By visiting our Site, you accept the practices described in this Policy.

We are not responsible for the content or privacy practices of any web site not operated by TNT to which the Site links or that links to the Site.

1. PERSONAL INFORMATION COLLECTION

We collect information from you in several different ways on this Site.  One goal in collecting personal information from you is to provide an efficient, meaningful, and customized experience. During your using of the Site, we may collect data including, but not limited to:

Name and surname; birth date; gender; physical address/es country of residence; closest city; non-personal browsing habits and click patterns; e-mail address/s; IP address.

 (a) Registration and Ordering.

Before using certain parts of this Site or ordering products, you must complete an online registration form.  During registration, you will be prompted to provide us with certain personal information, including but not limited to your name, delivery, and billing address(es), phone number, email address, and credit card number.  These types of personal information are used for billing purposes, to fulfil your orders, to communicate with you about your order and our site, and for internal marketing purposes.  If we encounter a problem when processing your order, we may use the personal information you provide us with to contact you.

Users are responsible for maintaining the confidentiality of their Account, Username and Password and for restricting access to their computer. They agree to accept responsibility for all activities that occur under their Account, Username and/or Password. They agree to provide accurate and truthful information.

The Licensor (TNT)  reserves the right to refuse service and/or terminate accounts without prior notice if a user violates these Terms & Conditions or if we decide, in our sole discretion, that it would be in our best interests to do so.

 (b) Email Addresses.

Several locations of the Site permit you to enter your email address for purposes including but not limited to: to register for free promotional notices; to request us to notify you when we receive a new range, a new product, or new product style; to sign up for our email newsletter.  Your participation in a contest is completely voluntary, and you may choose whether to participate and disclose information to us. We use this information to notify contest winners and to award prizes.  We may post the names of contest winners on our Site.

(c) Cookies.

We collect information recorded when you browse and visit our website, including but not limited to, cookies, IP address, etc. This information is not used to identify you, but for the necessary purpose to avoid being attacked by hackers, and for the purpose of making customized content service to users.  Additionally, through processing comprehensive statistical analysis, we are endeavouring to provide you with efficient functionalities to facilitate our service.  To visit www.tntmercury.co.za, your browser must be configured to accept Cookies as we use Cookies to enable you to navigate and select products, place them in an online shopping cart, and to purchase those products.  If you do this, we keep a record of your browsing activity and purchase.

 THIS SITE’S COOKIES DO NOT AND CANNOT INFILTRATE A USER’S HARD DRIVE TO GATHER A USER’S CONFIDENTIAL INFORMATION.  Our Cookies are not “spyware.”

2. INFORMATION USE AND DISCLOSURE

 (a) Internal Use.

We use your personal information to process your order and provide you with customer service.  We may internally use your personal information to improve our Site’s content and layout, to improve our marketing efforts (including marketing our services and products to you), and to determine general marketplace information about visitors to this Site.

(b) Direct Communications.

We will use your personal information to communicate with you about our site, and your orders and deliveries.  Also, we may send you a confirmation email when you register with us. We may send you a service-related announcement monthly, or when necessary (for example, if we must temporarily suspend our service for maintenance.)  Also, you may submit your email address for reasons such as to request us to notify you when we receive a new product style or product; to sign up for our email newsletter and special offers.  If you submit your email address, we will use it to deliver the information to you.  We always permit you to unsubscribe or opt out of future emails.  As we have to communicate with you about orders that you choose to place, you cannot opt out of receiving emails related to your orders.

(c) External Use.

We want to provide you with excellent service and to offer you a great selection — we primarily sell goods, not information. We do not sell, rent, trade, license, or otherwise disclose your specific personal information or financial information to anyone, except that:

(i) We sometimes use service providers to perform specific functions on our behalf.  When we disclose information to these service providers, we disclose information to help them to perform their service.  For example, to deliver products to you, we must share some information.  We make use of couriers (such as Seabourne Express) to deliver products and so that we can obtain feedback, improve the quality of our service, and measure and improve the quality of the service of the third party.  We provide the courier with some personally identifiable information such as your name, delivery address, email, and phone number.

(ii) Similarly, to help you buy products and provide customer service to you, we must provide your credit card number to financial-services corporations such as credit-card processors and issuers.  When we submit your credit card number for authorization, we use state-of-the-art data encryption to protect your information.

 (iii) We may be required to disclose such information in response to requests from law-enforcement officials conducting investigations, subpoenas, a court order, or if we are otherwise required to disclose such information by law.  We also will release personal information where disclosure is necessary to protect our legal rights, enforce our Terms & Conditions (T’s & C’s), or other agreements, or to protect ourselves or others.  For example, we may share information to reduce the risk of fraud or if someone uses or attempts to use our Site for illegal reasons or to commit fraud.

(iv) We will not sell (or trade or rent) personally identifiable information to other companies as part of our regular course of business.  However, it is possible that we might acquire or merge with or be acquired by another company or that we may dispose of some, or all our assets.  If that happens, your personal information may be disclosed to another company, but that disclosure will be subject to this Privacy Policy in effect.

(v) We may share non-personal information (such as the number of daily visitors to a web page, or the size of an order placed on a certain date) with third parties such as advertising partners. This information does not directly personally identify you or any user.

 3. OPT OUT/CORRECTIONS

 Upon your request, we will:

(a) Correct or update your personal information,

(b) Cease sending emails to your email address/es,

and/or

(c) disable your account to prevent any future purchases through that account.

You can make these requests at the customer information section, or by telephoning, or emailing your request to TNT’s Online Shopping Customer Support department at online@tntmercury.co.za. Please do not email or disclose your credit card number or other sensitive information.

 4. UPDATES TO THIS POLICY

 If we change or update this Privacy Policy, we will post changes and updates on this Site so that you will always be aware of what information we collect, use, and disclose. We encourage you to review this Privacy Policy from time to time so you will know if the Privacy Policy has been changed or updated. If you have any questions about the Privacy Policy, please contact us on online@tntmercury.co.za.

DISCLAIMER

The information given by TNT relating to the GDPR (General Data Protection Regulation) and POPI (Protection of Personal Information) is for information purposes only.

TNT warrants, represents, and undertakes that Personal Data shall comply with the GDPR and POPI in all respects including, but not limited to, its collection, holding, and processing.

DATA STORAGE

Data is stored securely in data centres managed by TNT’s offsite agents in the Republic of South Africa

BACKUP & SECURITY

In terms of security, access to security logs are strictly controlled within our offsite development team, we follow advice from Microsoft and other software suppliers as to when security patches should be applied. Only authorised Customer Support Executives have access to your Profile; with all administrator access and server infrastructure being offsite.

DATA BREACH

In the event of a data breach, the point of contact from TNT is the Managing Director and the Web Master. He/she will invoke the data control procedure with the offsite Technical Officer, as required. Then report the breach to the relevant supervisory authority within accordance to the POPI (Act 4 of 2013) of the Republic of South Africa, from the time of the organisation becoming aware of it. TNT will notify the affected person/s within accordance to the POPI (Act 4 of 2013) of the Republic of South Africa, from the time of becoming aware of the breach.

ONLINE SHOPPING FAQ’S