Terms & Conditions
Terms of Use
This website is operated by NOXCHASE RETAIL, a sole proprietorship based in Cape Town, South Africa.
The products offered by NOXCHASE RETAIL through its www.noxchase.co.za website (hereafter referred to as “website”) are subject to our Terms and Conditions of Use.
Use of this website constitutes acceptance of all our Terms and Conditions by the customer (hereafter referred to as “You”). If you do not agree with those Terms and Conditions, please do not use this website.
Please read these terms and conditions of use carefully before you accept them. Your acceptance of these terms and conditions shall be indicated when:
You place an order though the NOXCHASE RETAIL website, or
You make any use of the website of NOXCHASE RETAIL
TERMS & CONDITIONS:
All offers expire on specified dates unless otherwise stipulated and are only valid while stocks last. Promotional offers are valid while limited stocks.
Pre-orders require full payment if ordered online and must be collected within 7 days of release. All release dates indicated are merely a guide and are subject to change at any time without notice due to circumstances beyond our control. NOXCHASE RETAIL will inform customers of any changes via email.
We reserve the right to limit quantities of promotional items per customer. We furthermore reserve the right to refuse sales to any dealers or resellers as we sell to end consumers only.
Original vouchers are valid for a single purchase and are not redeemable in conjunction with a pre-order discount or any other promotional offer.
Although NOXCHASE RETAIL takes utmost care to ensure that all advertising is correct, if any mistakes occur or incomplete information is advertised, NOXCHASE RETAIL undertakes to display a notice online with correct information.
Intellectual Property
All content on this website, including text, graphics, logos, buttons, icons, images, audio clips and software, is the property of NOXCHASE RETAIL or its content suppliers and is protected by international and local copyright laws.
The compilation (the collection, arrangement and assembly) of all content of this website is the exclusive property of NOXCHASE RETAIL and is protected by all international and local copyright laws.
The content of this website is intended as a shopping resource and is for personal and non-commercial use only. No person, website or legal entity may link to, reproduce, redistribute, modify, publicise or commercially exploit any page or information of this website without the prior express permission of NOXCHASE RETAIL. Permission may be applied for from NOXCHASE RETAIL and must be in writing.
Accessing the Website
You hereby agree that you will not interfere with or attempt to damage the operation of this website in any way. You agree not to attempt to gain unauthorised access, circumvent security or hack this website.
Although every care is taken to ensure this website is free from all viruses, infections and malicious code, NOXCHASE RETAIL cannot be held responsible if such does occur. It is your responsibility to ensure that your equipment is adequately protected at all times.
NOXCHASE RETAIL reserves the right to suspend, withdraw or modify any or all parts of this website without notice to you, should the need arise. You agree that you will not hold NOXCHASE RETAIL liable for any inability to access the website, modification, withdrawal, suspension, unavailability or discontinuance of this website.
User Account
In order to purchase from this website, you will be required to register an account and provide a valid email address, ID number, cellular telephone number and home address. This must be the same address as your chosen card payment. Failure to provide us with the correct information could result in the cancellation of your order.
You agree and warrant that your login and password is for your sole use and will not be disclosed to any third party. NOXCHASE RETAIL reserves the right to cancel or suspend your account if you are in breach of any of these terms and conditions, provide false information, have reason to believe your account has been compromised or misuse this website. If your account is suspended or terminated you may not use this website without our consent.
Accuracy of Information
NOXCHASE RETAIL will at all times reasonably endeavor to ensure the accuracy of information on this website. We do not warrant that any information on this website is correct or up to date.
NOXCHASE RETAIL cannot be held liable for loss or damage caused by the reliance on this information.
Images of products are subject to change and may differ from the product you receive.
Age Restrictions
Games displayed on this website have been certified with Age Restrictions as per the Films and Publications Board of South Africa. It is your responsibility to ensure that you, or the person you are purchasing the product for, meets the appropriate age requirement.
NOXCHASE RETAIL reserves the right not to supply any age-restricted product, where we reasonably believe that a client is below the minimum age.
Accordingly you indemnify NOXCHASE RETAIL, and all its suppliers, should you purchase a product that is not age appropriate or misrepresent your age.
Agreement of Sale
All orders placed by you are subject to our acceptance thereof.
NOXCHASE RETAIL may elect to reject your order for any reason whatsoever and will not be liable to you or anyone else in such circumstances.
If NOXCHASE RETAIL elects not to accept your order, we will inform you as soon as possible via email.
Although NOXCHASE RETAIL does at all times endeavor to ensure that we only display products that we have stock of, and at the correct price, errors may occur. In those circumstances we reserve the right to cancel your order, inform you by email and refund any money that may have been received.
Once you have placed you order, you will receive acknowledgment of your order from NOXCHASE RETAIL. This does not constitute NOXCHASE RETAIL 's acceptance thereof. An agreement of sale shall only be binding on NOXCHASE RETAIL once we have authorised your payment and/or received the money in our bank account.
Pricing
The prices for products on our website do not include delivery charges. Delivery charges will be displayed at time of check out and are valid only for deliveries within South Africa.
We may reject your order if we find that an incorrect address has been supplied.
Pricing may change at any time and is subject to exchange controls.
In the unlikely event that an incorrect price is published on this website, NOXCHASE RETAIL reserves the right to cancel the order and refund any payment that may have been made to us.
In instances of incorrect pricing, NOXCHASE RETAIL will contact you to inform you of the price change and to determine whether you wish to proceed.
If NOXCHASE RETAIL is unable to contact you, we will refund any money that may have been paid to us. NOXCHASE RETAIL will not be obliged to provide any products at the incorrect price.
All promotional offers expire on specified dates and endure only while stocks last.
Payment Methods
NOXCHASE RETAIL cannot accept your order until you have paid in full. Upon submitting your order, you confirm that the payment card that is being used is yours, and you meet the age restrictions, if any, of the product purchased. We only accept cards issued in South Africa and may reject any international cards.
Payment to NOXCHASE RETAIL can be made via bank deposit and Electronic Funds Transfers.
If you elect to pay via any of these methods you will be provided with our banking details.
Payment must be made with seven (7) days or your order will be canceled.
Please ensure that you provide your order number as a reference when depositing your payment.
If the full payment is not affected, then no delivery will occur.
NOXCHASE RETAIL does do not accept cheque deposits.
Please note that orders will only be confirmed after payments have cleared into our account.
In-Store collection for in-stock and pre-order items must be paid for online
If you choose to collect your order from our venue in Cape Town, payment must be made online when placing your order.
Please take your ID or drivers licence with you when collecting so that we can verify you are the person who paid us.
You must wait for communication from us to collect your order. An email from PayGate confirming your payment or from us confirming your order does not suffice.
Regional Restriction
The offerings on this website are only available to individuals residing in South Africa.
Delivery
NOXCHASE RETAIL will only ship within the borders of South Africa and does not ship to postal addresses.
Please read our Delivery Policy page for more detail.
If we cannot ship your order within 7 days from date of order, then we will cancel your order and refund any payment you may have effected.
Please note that we outsource our deliveries and therefore cannot, to the extent permitted by law, be liable for any damage or loss suffered due to any acts or omissions by the courier.
Our couriers are not authorised to modify or tamper with your purchase or property. They are instructed to leave the product in a safe area on your property, if available, failing which they will return your order to us.
We will not be liable for any damage if you instruct the courier to modify or tamper with your product or property, or force the purchase through the entrance of your property.
In Store Collection
If you choose to collect your order from our venue in Cape Town, please wait for confirmation via email that your item is ready for collection. Do not go to collect until this has occurred. An email confirming your payment does not suggest your order is ready for collection.
Internet connectivity and available bandwidth
Many consoles, games or game add-ons require an internet connection to update, redeem and/or play. All internet, broadband and bandwidth fees will be for your account and NOXCHASE RETAIL cannot be held responsible for any costs incurred in this regard.
Pre-Orders
The majority of pre-orders will be shipped 24 hours prior to the advertised release date. Unfortunately delays may occur due to unforeseen circumstances. Publishers may move
release dates or goods may be delayed due to customs and shipping issues. NOXCHASE RETAIL cannot be held liable for any of these occurrences.
NOXCHASE RETAIL reserves the right to limit quantities and not supply dealers. In certain instances where codes or physical items are offered with pre-orders, NOXCHASE RETAIL may restrict the code or item to one per customer and/or one per order only.
In many cases NOXCHASE RETAIL is given incentives from publishers in the form of free physical items and/or DLC (downloadable content) to secure pre-orders. These incentives are subject to change and may be limited or altered. All pre-order incentives will be distributed on a first paid first served basis and usually ship with your game. Codes for digital content are sent to collected pre-order customers within 2 days of the game being received and by email only.
Due to the volatility of the Rand against major currencies, all pre-order prices are subject to change. In the event of a change in the price, advertised features or product offerings, NOXCHASE RETAIL will contact you with the revised information and you will have the opportunity to cancel or amend your pre-order. In the instance of a price decrease, you will also be informed and any difference in money paid by you will be returned.
Pre-Owned Software
In terms of the Second Hand Goods Act of 2009, all orders for pre-owned software must be placed by someone over the age of 18 years.
When collecting your pre-owned game/s you will be required to provide NOXCHASE RETAIL with your South African barcoded ID book or Driver’s license, your residential address and telephone number.
Returns & Exchanges
Please see our returns & exchanges policy for more detail.
Disclaimer
NOXCHASE RETAIL reserves the right to limit or cancel quantities purchased per person, per household, or per order; and limit or prohibit sales to dealers.
NOXCHASE RETAIL is not responsible for typographical errors, price variances, or manufacturer omissions or delays.
All offers, policies, coupons and promotions are subject to modification and/or termination at any time.
Indemnification
This website is provided by NOXCHASE RETAIL on an “as is” basis.
NOXCHASE RETAIL makes no representation or warranties of any kind, expressed or implied, as to the information, content and products on this website, to the full extent permissible by the applicable law.
NOXCHASE RETAIL and its affiliates, agents, partners and employees will not be liable for damages of any kind arising from the use of this website, including but not limited to direct, indirect, incidental and consequential damages.
All terms and conditions of NOXCHASE RETAIL and suppliers of our products apply.
Governing Law
This webaite is created and managed from South Africa and is governed by the laws of South Africa.
In the event that any part of these Terms and Conditions is held to be illegal, invalid or unenforceable, such provisions will be severed and the remainder of these Terms and Conditions shall continue in full force and effect.
Failure by NOXCHASE RETAIL to enforce a right does not result in a waiver of such right.
You may not assign or transfer your rights under these Terms & Conditions.
Domicilium
NOXCHASE RETAIL chooses as its domicilium citandi et executandi for all purposes of this site and agreement as 148 Jacaranda street, Protea Heights, Brackenfell, Cape Town, 7560.
Amendments to agreement
NOXCHASE RETAIL may, in its sole discretion, amend this agreement, or any part thereof, at any time with notice to you.
If you are not in agreement with all or any of the amendments to the agreement, then you may not make use of this website.
NOXCHASE RETAIL contact details
Please see the Contact Us page on this website for our contact details.
We hope you enjoy your purchasing experience with us, and trust that you will be a regular visitor to the NOXCHASE RETAIL website.