Terms & Conditions of Sale and Website Use

NIYA OUTDOOR (PTY) LTD

TERMS AND CONDITIONS OF SALE AND WEBSITE USE

Effective Date: 01/06/2026
Version: 1.0

IMPORTANT: Please read these Terms and Conditions carefully before placing an order or using this website. By accessing our website or placing an order with Niya Outdoor (Pty) Ltd, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions. These Terms and Conditions should be read together with our Privacy Policy, Shipping Policy, Returns Policy and any other policies published on the Website from time to time.

 

 

1. INTRODUCTION

These Terms and Conditions ("Terms") govern the use of the Niya Outdoor website and all sales and transactions between Niya Outdoor (Pty) Ltd ("Niya Outdoor", "we", "us", "our") and any person who accesses our website or purchases products from us ("you", "your", "customer").

These Terms are subject to the Consumer Protection Act 68 of 2008 ("CPA"), the Electronic Communications and Transactions Act 25 of 2002 ("ECTA"), and the Protection of Personal Information Act 4 of 2013 ("POPIA"). Nothing contained herein is intended to limit any rights afforded to consumers under applicable South African law.

 

 

2. DEFINITIONS

For purposes of these Terms:

  • "Website" means the Niya Outdoor online store and all associated webpages.

  • "Products" means any goods offered for sale through the Website.

  • "Order" means a purchase request submitted by a customer.

  • "Supplier" means any manufacturer, distributor, artisan, maker or brand whose products are sold by Niya Outdoor.

  • "Business Day" means any day excluding Saturdays, Sundays and South African public holidays.

 

 

3. WEBSITE USE

You agree to use this Website only for lawful purposes.

You may not:

  • Use the Website in any manner that could damage, disable or impair its functionality;

  • Attempt to gain unauthorised access to any part of the Website;

  • Introduce malicious software, viruses or harmful code;

  • Use the Website to transmit unlawful, defamatory or fraudulent content.

All content on this Website, including logos, branding, text, graphics, photographs and product descriptions, remains the property of Niya Outdoor or its licensors and may not be copied or reproduced without written permission.

If you create an account on the Website, you are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You agree to notify Niya Outdoor immediately of any unauthorised use of your account.

Third Party Links: The Website may contain links to third-party websites, products or services. Niya Outdoor is not responsible for the content, accuracy, privacy practices or availability of such third-party websites and does not endorse them unless expressly stated.

Customer Reviews and Feedback: By submitting reviews, photographs, testimonials or other feedback relating to products purchased from Niya Outdoor, you grant Niya Outdoor a non-exclusive, royalty-free licence to publish, reproduce and display such content for marketing, promotional and customer information purposes. 

Niya Outdoor reserves the right to remove content that is unlawful, misleading, offensive or defamatory.

 

4. PRODUCT INFORMATION & AVAILABILITY

We strive to ensure that all product descriptions, specifications, photographs and pricing information are accurate.

However:

  • Product colours may vary depending on screen settings;

  • Dimensions and weights may vary slightly due to manufacturing tolerances;

  • Product specifications may be updated by manufacturers without notice;

  • Certain products may be unavailable despite being displayed on the Website.

Displaying a product on the Website does not guarantee its availability.

Niya Outdoor reserves the right to discontinue any product, modify product specifications, or limit quantities available for purchase at any time without prior notice.

Errors, Omissions, and Corrections:

Despite our best efforts, information on the Website may occasionally contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, stock availability, delivery times or promotions. Niya Outdoor reserves the right to correct such errors and to cancel or amend orders affected by them.

 

5. PRICING

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

Prices include VAT where applicable unless otherwise stated.

We reserve the right to amend pricing without notice.

In the event of an obvious pricing error, whether due to technical malfunction, human error or system fault, we reserve the right to cancel the affected order and refund any amounts paid.

Promotional offers, discounts and coupon codes may be subject to separate terms and conditions. Where a conflict exists between promotional terms and these Terms and Conditions, the promotional terms shall prevail for that specific promotion

6. ORDERS & ACCEPTANCE

Submission of an order constitutes an offer to purchase.

An order is only accepted once:

  • Payment has been successfully received and verified; and

  • We have issued confirmation that the order is being processed.

We reserve the right to decline or cancel orders where:

  • Products are unavailable;

  • Fraud is suspected;

  • Payment cannot be verified;

  • Pricing or product information contains material errors.

Where an order is cancelled after payment has been received, a full refund will be issued.

 

 

7. PAYMENT TERMS

Payment may be made using the payment methods offered on the Website from time to time.

Payments are processed through secure third-party payment providers.

Niya Outdoor does not store customers' full payment card details.

You warrant that you are authorised to use the payment method selected for your purchase.

 

 

8. SHIPPING & DELIVERY

Delivery times displayed on the Website are estimates only.

While we endeavour to meet stated delivery timeframes, delays may occur due to factors beyond our control, including:

  • Courier delays;

  • Weather conditions;

  • Supplier delays;

  • Public holidays;

  • Industrial action;

  • Force majeure events.

Risk in the Products passes to you upon delivery to the address provided during checkout.

It is your responsibility to ensure that delivery information is accurate and complete.

Additional delivery charges resulting from incorrect information may be charged to you.

 

9. RETURNS & REFUNDS

Returns and refunds are governed by the Consumer Protection Act.

Customers may be entitled to:

  • Return defective goods within six (6) months of delivery;

  • Receive repair, replacement or refund remedies where applicable under the CPA.

To initiate a return, customers must contact Niya Outdoor and provide proof of purchase.

Products returned must, where reasonably possible:

  • Be accompanied by original packaging;

  • Include all accessories and components;

  • Be returned in a hygienic condition.

Products that have been intentionally damaged, misused, altered or modified may not qualify for return or refund.

Where returns are approved for reasons other than defective goods, return shipping costs may be for the customer's account.

 

10. WARRANTY & DEFECTIVE PRODUCTS

Many products sold by Niya Outdoor are manufactured by third-party suppliers and may carry manufacturer warranties.

Warranty coverage varies between products and suppliers.

Where a warranty claim is submitted:

  • Niya Outdoor may facilitate communication with the manufacturer, distributor or supplier;

  • Assessment of defects may be required;

  • Repair, replacement or refund remedies will be provided in accordance with applicable law and any relevant warranty policy.

Normal wear and tear, misuse, improper care, accidental damage and unauthorised modifications are generally excluded from warranty coverage.

 

11. PRODUCT USE & CUSTOMER RESPONSIBILITY

Outdoor activities, including hiking, backpacking, camping, mountaineering, trail running and related pursuits, involve inherent risks.

Customers are solely responsible for:

  • Selecting products suitable for their intended use;

  • Following manufacturer instructions and warnings;

  • Adhering to load ratings and usage limitations;

  • Inspecting equipment before use;

  • Maintaining products in accordance with care instructions;

  • Obtaining the necessary skills, training and experience required for outdoor activities.

Failure to use products appropriately may result in injury, death, property damage or product failure.

 

 

12. LIMITATION OF LIABILITY

To the fullest extent permitted by South African law, Niya Outdoor shall not be liable for any indirect, incidental, consequential or special damages arising from:

  • Use of products purchased through the Website;

  • Participation in outdoor activities;

  • Delays in delivery;

  • Product misuse;

  • Circumstances beyond our reasonable control.

Nothing in these Terms excludes or limits liability where such exclusion or limitation would be unlawful under the Consumer Protection Act or any other applicable legislation.

Where liability cannot lawfully be excluded, our liability shall be limited to the purchase price paid for the product giving rise to the claim.

 

 

13. PRIVACY & POPIA

Niya Outdoor respects your privacy and processes personal information in accordance with POPIA.

We collect personal information for purposes including:

  • Processing orders;

  • Delivering products;

  • Customer support;

  • Marketing communications where consent has been provided.

Information may be shared with:

  • Payment processors;

  • Courier companies;

  • Technology service providers;

  • Suppliers where necessary to fulfil an order.

We do not sell personal information to third parties.

Customers may request access to, correction of or deletion of their personal information subject to applicable legal requirements.

 

 

14. ELECTRONIC COMMUNICATIONS

By using this Website and communicating with us electronically, you consent to receiving communications electronically.

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

 

 

15. GOVERNING LAW

These Terms are governed by the laws of the Republic of South Africa.

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

Nothing in these Terms limits a consumer's right to seek assistance from the National Consumer Commission, Consumer Tribunal, an industry ombud, or any other body authorised under applicable law.

Severability:

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

 

 

16. AMENDMENTS

Niya Outdoor reserves the right to amend these Terms from time to time.

The version published on the Website at the time an order is placed shall apply to that transaction.

Entire Agreement:

These Terms and Conditions, together with any policies referenced herein, constitute the entire agreement between Niya Outdoor and the customer regarding use of the Website and the purchase of products.

 

 

17. CONTACT DETAILS

Niya Outdoor (Pty) Ltd

Registration Number: K/2025/511661/07

Physical Address:
1 Swan Road
Sedgefield
Garden Route
6573
Western Cape
South Africa

Email: hello@niya.co.za
Website: www.niya.co.za

For customer service, warranty claims, returns or general enquiries, please contact us using the details above.

 

 

ACCEPTANCE OF TERMS

By accessing this Website or placing an order with Niya Outdoor, you confirm that you are 18 years of age or older, or have the consent of a parent or legal guardian where permitted by law, and that you agree to be bound by these Terms and Conditions.