Terms &
Conditions

1. Definitions

For the purposes of these Terms:

• "Naviku", "we", "our", or "us" means Naviku (Pty) Ltd.
• "Website" means www.naviku.co.za together with any associated webpages.
• "Customer" means any person or legal entity purchasing products from Naviku.
• "Products" means any goods sold by Naviku including but not limited to bean bags, floor cushions, fabric balls, reading cushions, accessories and related products.
• "Business Day" means any day other than a Saturday, Sunday or South African public holiday.

2. Acceptance of Terms

By using this Website you confirm that:

• You are at least 18 years of age or have the consent of a legal guardian.
• You have the legal capacity to enter into binding agreements.
• All information supplied by you is true and accurate.
• You agree to comply with these Terms.

3. Website Use

You agree to use this Website only for lawful purposes.

You may not:

• Use the Website for fraudulent purposes.
• Attempt to gain unauthorised access to our systems.
• Upload malicious software.
• Copy website content without permission.
• Interfere with website functionality.
• Use automated software to scrape information.
• Misrepresent your identity.
• Submit false orders.

Naviku reserves the right to suspend or terminate access where misuse is suspected.

4. Product Information

We make every reasonable effort to ensure product descriptions, images, colours and specifications are accurate.

However:

• Colours may vary depending on screen settings.
• Product dimensions may vary slightly due to the handmade manufacturing process.
• Foam filling may settle during transport.
• Natural fabric variations may occur.

These minor variations do not constitute manufacturing defects.

5. Pricing

All prices are displayed in South African Rand (ZAR).

Prices include VAT where applicable unless otherwise stated.

Naviku reserves the right to change prices at any time without prior notice.

Price changes will not affect confirmed orders already accepted by Naviku.

6. Quotations

Written quotations remain valid for seven (7) calendar days unless otherwise stated.

Bulk pricing is subject to minimum quantities.

Naviku reserves the right to withdraw quotations prior to written acceptance.

7. Orders

Submission of an order constitutes an offer to purchase.

Naviku reserves the right to:

• Accept or decline any order.
• Limit quantities.
• Cancel suspected fraudulent transactions.
• Request additional verification.

An order is only deemed accepted once payment has been successfully received and confirmed.

8. Payment

Payment must be made using one of the payment methods offered on the Website.

Orders will not be dispatched until payment has been successfully processed.

Naviku does not store customers' payment card information.

9. Product Availability

All products are subject to stock availability.

Should an item become unavailable after an order has been placed, Naviku may:

• Offer an alternative product;
• Offer a revised delivery timeframe; or
• Refund the unavailable portion of the order.

10. Delivery

Delivery times provided are estimates only.

Delays caused by:

• Weather,
• Courier companies,
• Public holidays,
• Industrial action,
• Supply chain disruptions, or
• Circumstances beyond our control,

shall not constitute a breach of contract.

Risk in the goods passes to the customer upon delivery.

Ownership transfers only once payment has been received in full.

11. Inspection Upon Delivery

Customers should inspect products upon delivery.

Any visible damage, shortages or incorrect items should be reported within forty-eight (48) hours.

Failure to notify Naviku within this period may affect certain claims.

12. Product Use

Naviku products are intended for indoor use unless otherwise specified.

Customers are responsible for ensuring products are used safely and appropriately.

Products should be placed on stable surfaces and used in accordance with their intended purpose.

Children should always be supervised while using Naviku products.

13. Product Safety

Although designed for children's environments, Naviku products are not safety devices.

Customers remain responsible for supervising children at all times.

Naviku shall not be liable for injuries resulting from:

• Misuse,
• Climbing,
• Jumping from furniture,
• Improper use,
• Failure to supervise children.

14. Care Instructions

Customers should follow the official Naviku Care Guide.

Failure to follow care instructions may void applicable warranties.

Improper washing, exposure to excessive moisture, harsh chemicals or misuse may permanently damage products.

15. Returns

Returns are governed by Naviku's separate Returns Policy.

Products must generally be returned unused, clean and in their original condition unless defective.

Custom-made products may not qualify for return unless required by law.

16. Warranty

Naviku warrants that products are free from manufacturing defects at the time of delivery.

The warranty does not cover:

• Normal wear and tear;
• Fabric fading due to sunlight;
• Accidental damage;
• Improper cleaning;
• Misuse;
• Commercial misuse outside intended applications;
• Damage caused by pets;
• Damage caused by sharp objects.

17. Bulk Orders

Bulk orders for schools, nurseries, businesses and commercial projects may be subject to separate quotations and lead times.

Deposits may be required before production commences.

Custom colours, branding or special manufacturing requests may be non-refundable once production has started.

18. Intellectual Property

All intellectual property rights relating to the Website and Naviku brand remain the exclusive property of Naviku.

This includes but is not limited to:

• Logos;
• Product names;
• Product designs;
• Website design;
• Photography;
• Product descriptions;
• Marketing material;
• Graphics;
• Colour concepts;
• Trademarks;
• Copyright.

No content may be copied, reproduced, distributed, modified or used without prior written consent.

19. User Content

If customers submit photographs, testimonials, reviews or other content, they grant Naviku a non-exclusive, royalty-free licence to use such content for marketing and promotional purposes unless otherwise agreed in writing.

Customers confirm that submitted content does not infringe the rights of any third party.

20. Limitation of Liability

To the fullest extent permitted by law, Naviku shall not be liable for any indirect, incidental, special or consequential damages arising from the use of our Website or products.

This includes, but is not limited to:

• Loss of profits;
• Loss of business;
• Loss of data;
• Loss of goodwill;
• Business interruption.

Nothing in these Terms excludes liability where such exclusion is prohibited by applicable law.

21. Indemnity

You agree to indemnify and hold harmless Naviku, its directors, employees, contractors and representatives against any claims, losses, damages, liabilities or expenses arising from:

• Breach of these Terms;
• Misuse of the Website;
• Improper use of products;
• Violation of applicable law.

22. Force Majeure

Naviku shall not be liable for delays or failure to perform obligations resulting from circumstances beyond its reasonable control, including but not limited to:

• Natural disasters;
• Fire;
• Flood;
• Epidemics or pandemics;
• Government restrictions;
• Civil unrest;
• Industrial action;
• Power failures;
• Internet outages;
• Supplier delays;
• Transport disruptions.

23. Privacy

The collection and processing of personal information is governed by Naviku's Privacy Policy.

By using this Website, you consent to the processing of personal information in accordance with that policy.

24. Electronic Communications

By using the Website or communicating with Naviku electronically, you consent to receive communications electronically.

Electronic communications satisfy any legal requirement that such communications be in writing.

25. Amendments

Naviku reserves the right to amend these Terms at any time.

Updated Terms will be published on the Website with a revised effective date.

Continued use of the Website after publication constitutes acceptance of the amended Terms.

26. Severability

If any provision of these Terms is found to be unlawful, invalid or unenforceable, the remaining provisions shall remain in full force and effect.

27. Waiver

Failure by Naviku to enforce any provision of these Terms shall not constitute a waiver of that provision or any other rights.

28. Entire Agreement

These Terms, together with the Privacy Policy and any other policies expressly incorporated by reference, constitute the entire agreement between Naviku and the customer regarding the use of the Website and the purchase of products.

29. Governing Law

These Terms shall be governed by and interpreted in accordance with the laws of the Republic of South Africa.

Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the South African courts.

30. Contact Information

If you have any questions regarding these Terms and Conditions, please contact us: