Terms of service

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TERMS OF SERVICE: NOVAVA

LAST UPDATED: 31 July 2026

OVERVIEW

Welcome to NOVAVA! The terms "we", "us", and "our" refer to NOVAVA. NOVAVA operates this store and website (www.novava.co.za), including all related information, content, features, tools, products, and services in order to provide you, the customer, with a curated shopping experience (the "Services"). NOVAVA is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.

 

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability under applicable law.

 

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

 

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least 18 years of age (the legal age of majority in South Africa), or that you are the age of majority and have given us express consent to allow any of your minor dependents to use the Services under your direct supervision on devices you own or manage.

To use the Services, including accessing or browsing our online store or purchasing any products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping details. You represent and warrant that all information you provide is accurate, current, and complete and that you have all necessary rights to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all activity conducted under your account. You may not transfer, sell, assign, or license your account to any other person or entity.

SECTION 2 - OUR PRODUCTS

We have made every effort to display as accurately as possible the colors, designs, and images of our baby care products in our online store. However, we cannot guarantee that your device monitor or screen display of any color will be completely accurate due to hardware, settings, or configuration differences.

All descriptions of products or product pricing are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction on a case-by-case basis.

Note on Statutory Consumer Rights: Nothing in this Section or these Terms restricts, excludes, or modifies any non-waivable statutory warranties or implied conditions provided to consumers under the South African Consumer Protection Act 68 of 2008 ("CPA").

SECTION 3 - ORDERS AND CONTRACT FORMATION

In accordance with Section 20 and Section 43 of the Electronic Communications and Transactions Act 25 of 2002 ("ECTA"), an order placed by you constitutes an offer to purchase products from NOVAVA.

  1. Order Acceptance: Your order is accepted only when NOVAVA sends you an explicit order confirmation email or dispatches the product to you. We reserve the right to decline or cancel any order prior to acceptance for reasons including, but not limited to, product availability, errors in product or pricing information, or suspected fraudulent activity.

  2. Payment: Payment must be received and cleared by our payment gateway before an order is accepted and processed.

  3. Cancellation & Modifications: In addition to your cooling-off rights under South African law (see Section 5), if you need to cancel or amend an order before dispatch, please contact us immediately at novavasupport@gmail.com. We will attempt to accommodate requests, but cannot guarantee modifications once dispatch processing has commenced.

  4. Resale Restrictions: You represent and warrant that your purchases are for personal, household, or domestic end-use, and not for unauthorized commercial resale or export.

SECTION 4 - PRICES, BILLING, AND TAXES

All prices displayed on our website are quoted in South African Rand (ZAR) unless explicitly stated otherwise.

  1. VAT & Taxes: Prices displayed are inclusive of South African Value-Added Tax ("VAT") where applicable, unless otherwise noted prior to checkout. Posted prices do not include shipping, handling, or delivery charges, which will be detailed separately at checkout.

  2. Price Adjustments: Prices, discounts, and promotions are subject to change without prior notice. The price charged for a product will be the price in effect at the time the order is submitted and will be reflected in your order confirmation email.

  3. Billing Information: You agree to provide current, complete, and accurate purchase, billing, and contact details for all orders. You represent and warrant that (i) the payment information provided is true and complete, (ii) you are duly authorized to use the designated payment method, and (iii) charges incurred will be honored by your card issuer or bank.

SECTION 5 - SHIPPING, RISK, AND ECTA COOLING-OFF RIGHTS

  1. Delivery: Delivery timeframes provided are estimates only and are not guaranteed. We utilize reputable third-party courier services across South Africa. We are not liable for reasonable delivery delays caused by logistics providers, weather, road closures, or events outside our reasonable control.

  2. Passage of Risk: Risk of loss or damage to goods passes to you upon physical delivery of the products to the shipping address provided in your order.

  3. ECTA 7-Day Cooling-Off Period (Online Purchases):

    • Under Section 44 of the ECTA, you are entitled to cancel your purchase without reason and without penalty within seven (7) days of receiving your order.

    • The item must be completely unused, unopened, and sealed in its original, undamaged manufacturer packaging, with all protective seals, tags, and security films 100% intact.

    • To exercise this right, you must contact us in writing at novavasupport@gmail.com within the 7-day period to receive dispatch instructions. Do not send items back without prior written authorization.

    • Under Section 44(2) of the ECTA, you are strictly responsible for arranging and paying the direct cost of returning the item to our designated return facility using a trackable door-to-door courier service.

    • Exclusions: Due to health and safety regulations regarding infant care equipment, opened or used items, or items with broken hygiene seals, are strictly exempt from cooling-off returns.

  4. Refund Policy: For full details regarding return procedures, hygiene rules, defective products, and warranty claims under the CPA, please refer to our Refund & Return Policy.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, trade names, logos, branding, text, graphic designs, product photography, video, interface layouts, and software source code, are owned by or licensed to NOVAVA and are protected by South African and international copyright, trademark, patent, and intellectual property laws.

These Terms permit you to access and use the Services strictly for personal, non-commercial purposes. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any material from our Services without our prior written consent.

NOVAVA's name, logos, taglines ("Made to Move With You"), and associated branding are trademarks of NOVAVA. Shopify's name and logo are trademarks of Shopify Inc. All third-party trademarks appearing on our store belong to their respective owners. Unauthorized use of any intellectual property may constitute an infringement under South African statutory and common law.

SECTION 7 - OPTIONAL AND THIRD-PARTY TOOLS

We may provide you with access to optional third-party tools, integrations, or plugins over which we neither monitor nor have control or input.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without warranties, representations, or conditions of any kind and without endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Your use of any third-party tools is entirely at your own risk and discretion.

SECTION 8 - THIRD-PARTY LINKS AND CONTENT

The Services may contain materials or hyperlinks directing you to third-party websites or services (including embedded payment gateways or courier tracking portals). We are not responsible for examining or evaluating the content, safety, or accuracy of third-party websites.

We are not liable for any harm, damages, or losses arising from your access to or purchase from third-party sites. Please carefully review the terms, policies, and practices of third parties before engaging in any transaction with them.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

NOVAVA is hosted and powered by Shopify Inc., which provides us with the e-commerce platform that allows us to sell our products and Services to you.

However, all transactions and sales contracts made through our store are entered into strictly between you and NOVAVA. You acknowledge and agree that Shopify is not a party to these transactions and bears no liability or responsibility for any aspect of sales between you and NOVAVA, including product quality, delivery, or injuries/damages arising therefrom. You hereby release Shopify and its affiliates from any legal claims or liabilities connected to your transactions with NOVAVA.

SECTION 10 - PRIVACY AND DATA PROTECTION (POPIA COMPLIANCE)

Your privacy and the protection of personal information are important to us. Personal information collected through our Services is processed in strict compliance with the Protection of Personal Information Act 4 of 2013 ("POPIA") and our Privacy Policy.

By using our Services, you acknowledge that we, along with our primary platform provider Shopify, process personal information (such as your name, delivery address, phone number, and transaction history) to fulfill orders, prevent fraud, and comply with tax laws. Information may be securely stored on servers located outside South Africa by our international cloud service providers, subject to appropriate cross-border data protection safeguards in accordance with POPIA.

For full details regarding how to access, correct, or request deletion of your personal information, please refer to our Privacy Policy.

SECTION 11 - USER COMMENTS, FEEDBACK, AND SUBMISSIONS

If you submit product reviews, suggestions, ideas, or other materials to us (collectively, "Feedback"), you grant NOVAVA a non-exclusive, royalty-free, perpetual, and worldwide license to use, publish, edit, translate, and distribute such Feedback in any medium for marketing or operational purposes.

You represent and warrant that:

  1. You own or have rights to submit the Feedback;

  2. The Feedback does not violate third-party copyright, trademark, privacy, or personal rights;

  3. The Feedback is not unlawful, defamatory, abusive, or obscene, and does not contain malicious code or viruses.

We reserve the right (but have no obligation) to monitor, edit, or remove user content that violates these Terms or applicable laws.

SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, information on our store may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times, or availability.

In accordance with Section 23 of the CPA, where a clear, unintentional, or obvious error or inadvertent mistake occurs in pricing or product descriptions, NOVAVA will not be bound by such error, provided that we correct the error and inform affected consumers promptly. In such cases, we reserve the right to cancel any unfulfilled orders placed under the erroneous pricing or description and refund any payments made.

SECTION 13 - PROHIBITED USES

In addition to other restrictions set out in these Terms, you are prohibited from using the Services or its content:

  1. For any unlawful or illegal purpose;

  2. To violate any local, municipal, national, or international statutes, regulations, or rules;

  3. To infringe upon or violate our intellectual property rights or those of others;

  4. To harass, abuse, insult, defame, slander, disparage, intimidate, or discriminate against anyone;

  5. To submit false, misleading, or deceptive information;

  6. To upload or transmit viruses, spyware, ransomware, or malicious code;

  7. To collect, scrape, or track personal information of other users;

  8. To engage in automated scraping, data extraction, or unauthorized use of automated AI agents/bots without explicit written permission;

  9. To bypass, disable, or interfere with security features of the store.

Violation of prohibited uses may result in immediate termination of your account and legal action where appropriate.

SECTION 14 - AUTOMATED AGENTS AND BOTS

14.1 This Section applies to any software agent, crawler, bot, or automated program ("Agent") accessing or interacting with the Services.

14.2 No Agent may access or interact with the Services unless it clearly identifies itself in the HTTP request user-agent header using the format Agent/[Agent Name].

14.3 Agents must not simulate human behavior to bypass CAPTCHAs, security checks, rate limits, or robot exclusion headers.

14.4 We reserve the right to block or restrict any Agent or automated script from accessing our infrastructure at our sole discretion.

SECTION 15 - TERMINATION

These Terms of Service remain effective unless and until terminated by either you or us. You may terminate these Terms at any time by discontinuing use of our site and closing your account.

We may terminate or suspend your right to access the Services immediately, without prior notice, if you breach any provision of these Terms or applicable law. Upon termination, you remain responsible for all amounts due up to the date of termination. Provisions relating to Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, and Governing Law shall survive termination.

SECTION 16 - STATUTORY WARRANTIES AND DISCLAIMER

  1. Statutory CPA Guarantees: Nothing in these Terms excludes, restricts, or modifies any consumer rights or statutory guarantees provided under the Consumer Protection Act 68 of 2008. Under Section 55 and 56 of the CPA, goods sold by NOVAVA carry an implied statutory warranty that they are suitable for their intended purpose, of good quality, in working order, and free of defects, valid for six (6) months following delivery.

  2. Product Usage & Safety: Customers are required to read and follow all product user manuals, safety instructions, and temperature guidelines (particularly regarding electronic bottle warmers and infant care items) prior to use.

  3. General Disclaimer: Subject to the above statutory guarantees, the Services and products are provided on an "as is" and "as available" basis. Except as expressly warranted by NOVAVA in writing or required by law, we disclaim all other implied warranties, conditions, or representations of any kind.

SECTION 17 - LIMITATION OF LIABILITY

  1. To the maximum extent permitted by South African law (including Section 61 of the Consumer Protection Act), NOVAVA, its directors, members, employees, affiliates, agents, contractors, suppliers, and service providers (including Shopify) shall not be liable for any indirect, incidental, punitive, special, or consequential damages, lost profits, lost revenue, or loss of data arising out of your use of the Services or any products purchased through the store.

  2. Where Section 61 of the CPA applies to product liability claims involving harm, death, injury, or physical property damage caused by unsafe or defective products, our liability shall be evaluated in accordance with statutory rules and defenses established under South African law.

  3. In all other matters, NOVAVA's total aggregate liability arising out of any order or use of the Services shall be limited to the total monetary amount paid by you for the specific order giving rise to the claim.

SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless NOVAVA, its officers, directors, members, employees, agents, and service providers (including Shopify) from and against any third-party claims, damages, liabilities, losses, or legal fees arising out of:

  1. Your material breach of these Terms of Service or incorporated policies;

  2. Your violation of any South African law or third-party rights; or

  3. Your misuse or unlawful use of the Services.

SECTION 19 - SEVERABILITY

If any provision of these Terms of Service is found to be unlawful, void, or unenforceable by a court of competent jurisdiction in South Africa, such provision shall nevertheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms. Such determination shall not affect the validity and enforceability of any remaining provisions.

SECTION 20 - ENTIRE AGREEMENT AND WAIVER

The failure of NOVAVA to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service, together with our Privacy Policy, Refund & Return Policy, and any operational rules posted on our store, constitute the entire legal agreement between you and NOVAVA regarding your use of the Services, superseding prior agreements or communications.

SECTION 21 - ASSIGNMENT

You may not transfer or assign any of your rights or obligations under these Terms without our prior written consent. We may assign, transfer, or delegate our rights and obligations under these Terms to a third party (such as in a business sale or reorganization) without notice to you.

SECTION 22 - GOVERNING LAW AND JURISDICTION

These Terms of Service, their interpretation, and any disputes or claims arising out of or in connection with them or your purchase of products from NOVAVA shall be governed by and construed in accordance with the laws of the Republic of South Africa.

You and NOVAVA hereby submit to the exclusive jurisdiction of the Gauteng Division of the High Court of South Africa (or the Magistrate’s Court having appropriate jurisdiction over the matter) for the resolution of any legal disputes.

SECTION 23 - HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms by posting updates to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or Services following the posting of changes constitutes acceptance of those updates.

SECTION 25 - ECTA SECTION 43 DISCLOSURES & CONTACT INFORMATION

In compliance with Section 43 of the Electronic Communications and Transactions Act 25 of 2002 ("ECTA"), the statutory information for NOVAVA is provided below:

  • Full Legal Name & Trading Entity: NOVAVA

  • Legal Status: Sole Proprietorship

  • Registration / CIPC Number: N/A (Sole Proprietorship)

  • Physical Address: Available upon request via written email authorization prior to return dispatch (Pretoria, Gauteng, South Africa)

  • Official Contact Email: novavasupport@gmail.com

  • Website Domain: www.novava.co.za

  • VAT Registration Number: N/A - Not VAT Registered

If you have any questions, inquiries, or legal notices regarding these Terms of Service, please contact us strictly via email at novavasupport@gmail.com.