TERMS AND CONDITIONS

1. Trade-Only Supply

Notus Distributors is strictly a wholesale trade-only supplier.

By registering and purchasing from us, you warrant that:

• You are purchasing strictly for resale purposes.
• You operate a legitimate retail or distribution business.
• You are at least 18 years of age.
• You comply with all applicable South African laws and regulations relating to the sale of vaping and nicotine products.
• You will not sell products to persons under the legal age.

We reserve the right to:

• Approve or reject registrations at our sole discretion.
• Suspend or terminate accounts.
• Refuse or cancel orders.

2. Orders and Acceptance

All orders submitted via the Site are subject to acceptance by Notus Distributors.

An order is only confirmed once:

• A Pro-Forma Invoice or Tax Invoice is issued, and
• Full payment has been received and cleared (unless otherwise agreed in writing).

We reserve the right to:

• Limit quantities,
• Correct pricing errors,
• Cancel orders due to stock unavailability,
• Cancel orders suspected of fraud or misuse.

3. Pricing

• All prices are quoted excluding VAT unless stated otherwise.
• Prices are subject to change without notice.
• In the event of a pricing error, the price reflected on the official Pro-Forma or Tax Invoice shall prevail.
• We are not bound by incorrect pricing displayed on the Site.

4. Payment Terms

4.1 Payment Methods

We accept:

• Electronic Funds Transfer (EFT)
• Debit and Credit Card payments via our approved payment gateway provider

4.2 EFT Payments

• Stock will only be dispatched once funds have cleared and reflect in our bank account.
• Proof of payment does not constitute payment.
• We reserve the right to delay dispatch until full payment clearance.

4.3 Card Payments

• Card transactions are processed via a secure third-party payment gateway.
• We reserve the right to withhold shipment if a transaction is flagged as high-risk.
• We may request additional verification before dispatch.
• We may cancel and refund any transaction suspected of fraud.

4.4 Chargebacks

Where a chargeback or payment dispute occurs:

• The purchaser remains liable for the full purchase amount.
• We reserve the right to suspend the account.
• Legal recovery costs will be for the purchaser’s account.

5. Retention of Ownership

• All goods remain the property of Notus Distributors (Pty) Ltd until paid for in full and funds have cleared.
• Risk in the goods passes to the purchaser upon delivery.

6. Delivery

• Orders below R10,000 (ex VAT) will incur a delivery fee.
• KZN & Gauteng: 24–48 hours (business days).
• Other regions: 24–72 hours (business days).
• Delivery times are estimates only and not guaranteed.

Once goods are handed to the courier, risk transfers to the purchaser. We are not liable for delays caused by third-party couriers.

7. Inspection and Claims

• All goods must be inspected upon delivery.
• Any discrepancies, shortages, or damages must be reported in writing within 48 hours of receipt.
• Claims must include clear photographic evidence.
• Claims noted vaguely on delivery notes will not be accepted.

Failure to report within 48 hours constitutes acceptance of the goods.

8. Returns and Credits

• Returns for non-defective goods must be requested within 7 days of receipt.
• Approved returns are subject to a 20% handling fee.
• Goods must be unused, unopened, and in resalable condition.
• Clearance section items are strictly non-returnable.
• Shipping costs for returns are for the purchaser’s account.

We reserve the right to refuse returned goods that do not meet return criteria.

9. Product Disclaimer

• All product images are representative only.
• Colours, styles, and packaging may vary.
• Items may be sold as assortments unless specified by code.
• Products are subject to availability.
• We may discontinue products at any time.

10. Regulatory Compliance

The purchaser accepts full responsibility for:

• Compliance with all national and local regulations.
• Health warning compliance.
• Age restriction enforcement.
• Retail display compliance.
• Any future legislative changes.

Notus Distributors accepts no liability for misuse, unlawful resale, or regulatory non-compliance by the purchaser.

11. Limitation of Liability

To the fullest extent permitted by law:

• We shall not be liable for indirect, incidental, special, or consequential damages.
• Our maximum liability shall not exceed the value of the goods supplied.
• We do not guarantee uninterrupted website access.
• Products are supplied “as is”.

12. Intellectual Property

• All content on the Site, including logos, branding, product images, text, and designs, is the property of Notus Distributors or its licensors.
• No content may be reproduced, distributed, or used without prior written consent.

13. User Accounts

You agree to:

• Provide accurate registration information.
• Keep login credentials confidential.
• Be responsible for all activity under your account.

We reserve the right to remove or change usernames deemed inappropriate.

14. Force Majeure

We shall not be liable for any delay or failure to perform due to events beyond our reasonable control, including but not limited to:

• Natural disasters
• Load shedding
• Supply chain disruptions
• Government restrictions
• Courier disruptions

15. Governing Law

• These Terms are governed by the laws of the Republic of South Africa.
• Any disputes shall be subject to the jurisdiction of South African courts.

16. Amendments

We reserve the right to amend these Terms at any time by updating the “Last Updated” date. Continued use of the Site constitutes acceptance of revised Terms.

17. Contact Information

Notus Distributors (Pty) Ltd

Email: Sales@notusdistirbutors.com

Website: https://notusdistributors.co.za

18. Consumer Protection Act (CPA) Position

Notus Distributors (Pty) Ltd operates strictly as a business-to-business wholesale supplier.

By registering on the Site and placing an order, the purchaser warrants that:

• The transaction is entered into in the ordinary course of the purchaser’s business;
• The goods are acquired strictly for resale purposes;
• The purchaser does not qualify as a “consumer” as defined in the Consumer Protection Act 68 of 2008 (“CPA”) where the transaction value exceeds the statutory threshold applicable to juristic persons; and
• The transaction constitutes a wholesale supply agreement between two independent business entities.

To the extent permitted by applicable law:

• The CPA shall not apply to transactions where the purchaser is a juristic person whose asset value or annual turnover equals or exceeds the threshold determined by the Minister of Trade, Industry and Competition.
• Where the CPA does apply, its application shall be limited strictly to the minimum extent required by law.

The purchaser acknowledges that these Terms constitute a negotiated wholesale agreement and that the pricing structure reflects a trade-only supply model.

19. Indemnity

The purchaser hereby indemnifies, holds harmless, and agrees to defend Notus Distributors (Pty) Ltd, its directors, shareholders, employees, agents, and affiliates against any and all claims, losses, damages, liabilities, penalties, costs, and expenses (including legal costs on an attorney-and-client scale) arising out of or relating to:

• The resale, distribution, or marketing of the goods;
• Any unlawful sale of vaping or nicotine products;
• Sale to underage persons;
• Failure to comply with applicable national, provincial, or municipal laws or regulations;
• Failure to apply health warnings or regulatory labelling requirements;
• Any product misuse after delivery;
• Any third-party claim relating to health effects, usage, or alleged damages arising from products supplied;
• Any breach of these Terms by the purchaser.

This indemnity shall survive delivery of the goods and termination of the business relationship.