TERMS AND CONDITIONS
1.1. The following words, which are used in the Agreement, have these meanings as set out below:
1.1.1. “Agreement” means these terms and conditions, which will apply to any person that has received goods or services from us read together with any other applicable documents;
1.1.2. “Business Day” means a Monday to Friday, excluding Saturday and Sunday and excluding any public holiday, which is described in the Public Holiday Act, 36 of 1994;
1.1.3. “Customer” means you;
1.1.4. “Good (s)” means any product that appears on our website, www.sustainenergy.co.za;
1.1.5. “Party/Parties” means you and Sustainable Solar Solutions (Pty) Ltd;
1.1.6. “S³” means Sustainable Solar Solutions (Pty) Ltd;
1.1.7. “Supplier” is a company or group of companies with which S³ have supplier agreements in place;
1.2. This Agreement:
1.2.1. represents the entire Agreement between the Parties and no alterations or additions may be effected unless agreed to by both Parties, reduced to writing and signed by the Customer and a duly authorized representative of S³;
1.2.2. is subject to change on occasion and the Customer agrees that any order placed shall be subject to the Terms and conditions in force at the time the order was placed. Changes may be viewed on our website.
1.2.3. is final and binding and is not subject to any suspensive condition.
1.2.4. expressly excludes any conflicting conditions stipulated by the Customer.
1.2.5. applies to all employees, servants and agents of S³.
2. QUOTATIONS, PRICING AND ORDERS
2.1. All quotes will remain valid for a period of 7 (seven) calendar days from date of issue.
2.2. Price, specifications and terms are subject to change, you are therefore requested to peruse the prices, specification and terms prior to placing any order.
2.3. The purchase price will be the current price as appearing on S³’s website www.sustainenergy.co.za
2.4. The Customer hereby confirms that the goods and services on the tax invoice issued duly represent the goods ordered by the Customer at the prices agreed to by the Customer.
2.5. If prior to the delivery of the goods, there is any increase in the cost of the goods, or if any other taxes, exchange rates or duties are levied or any laws are promulgated which directly or indirectly increases the cost thereof to S³, S³ shall be entitled to increase the price of the goods by an amount equal to such increased cost, by giving the Customer reasonable notice thereof.
2.6. It is the Customer’s responsibility to determine whether the goods ordered are suitable for the purpose of intended use. Should you be uncertain as to the suitability of a product, please contact our offices for assistance prior to placing your order.
2.7. No order will be binding on S³ until it has been accepted by its management.
3. PAYMENTS, CHARGES AND TERMS
3.1. S³ accepts the following payment methods:
3.1.1. Credit card payments limited to Visa and Master Card
3.1.2. Electronic Funds Transfer (EFT)
3.2. Credit card transactions will be acquired for S³ via PayFast who is a payments processing service for South Africans and South African websites. PayFast makes every effort to ensure the security and integrity of the Customer’s account. PayFast make use of sophisticated systems to accomplish this. PayFast use extended Validation SSL with 256-bit encryption. Only two of the four major South African banks use this –the highest– level of encryption currently available. Users may go to www.payfast.co.za to view their security and fraud prevention.
3.3. Payment for product/s ordered is due prior to shipment
3.4. Your total cost for purchase of any product will include courier and handling charges as reflected on the S³ invoice.
3.5. Where applicable, prices are quoted on the ruling day exchange rate and may increase as a result of adverse changes in the exchange rate. Until such time as we have received payment in full, we reserve the right to charge any fluctuations to the Customer and the Customer undertakes to pay for such fluctuations on demand. It is the responsibility of the Customer to check that there have been no changes in the price prior to attending to payment.
4. ORDER PROCESS AND DELIVERY
4.1. Once you have processed your online order we will, within a reasonable time, deliver the selected Goods to you.
4.2. Delivery will take place at the address provided to us by you on your online order form. Goods delivered to your address will be delivered by a courier service.
4.3. Ownership and risk, including loss, theft, damage or destruction, in and to the selected Goods will pass to you on the date of delivery. Ownership in and to Goods that are leased or rented from us, will not pass to you and will remain our property at all times however all risk in and to the property will pass to you upon delivery thereof and it is your responsibility to ensure that all the Goods, leased or rented to you are returned to us in good working order and substantially the same condition.
4.4. In the event that Goods are damaged, lost or stolen this Agreement will carry on, and you will remain responsible for the payment of any amount that becomes due and payable in terms of this Agreement. This clause will also apply in the case of leased Goods.
4.5. If you decide to insure the Goods it is your responsibility to make sure that you know and understand the terms and conditions of the applicable insurance policy.
4.6. Any delivery note or waybill (copy or original) signed by you or person accepting delivery on your behalf and held by S³ shall be sufficient proof that delivery was made to you. Goods delivered must be checked in order to confirm that the Goods delivered are in accordance with the order placed and are free from visible damage/defect. Any discrepancies and/or visible defects must be noted on the delivery note/waybill as well as an email notification sent to firstname.lastname@example.org within 24 hours of delivery.
4.7. S³ reserves the right to split the delivery of Goods ordered in the quantities and on the dates it decides with your prior consent, which consent shall not be unreasonably withheld.
4.8. Should you choose to engage a third party to transport the goods, you indemnify S³ against any claims of whatsoever nature that may arise from such an agreement.
4.9. S³ warrants that it will endeavour to meet delivery times, but shall not be liable for any loss or damage of whatsoever nature which you may suffer as a result of any delayed delivery.
4.10. MDS Collivery delivers door-door countrywide. You will be informed by e-mail on the progress of your delivery. You will receive an e-mail acknowledging your request, confirming your collection and confirming your delivery. Users may go to www.collivery.net to view MDS Collivery’s terms and conditions.
4.11. All orders and variations to orders are subject to these terms and conditions. Only written orders and variations to orders will be accepted by S³. Notwithstanding the above, S³ may, at its sole discretion, elect to accept and act upon telephonic orders and any variations to orders. S³ however reserves the right to refuse delivery or collection of any order until placed in possession of a written order form as well as upfront payment of such order.
4.12. Orders may be cancelled without penalty provided the goods have not yet been dispatched for delivery from the Supplier. Requests for cancellation of an order, prior to dispatch and/or delivery by the Supplier, must be submitted in writing to email@example.com
4.13. No refunds will however be furnished on deposits in the event of cancellation for specially ordered or manufactured goods.
4.14. Any order is subject to cancellation by S³ should the goods ordered become unavailable due to any cause beyond S³’s reasonable control.
4.15. You can expect an order to be processed within approximately three to five Business Days, provided the items are in stock and the payment has been verified. S³ therefore cannot guarantee same day shipping. Customers should also note that no orders or deliveries will be processed on weekends and official public holidays.
4.16. S³ will notify you should there be any delay in obtaining and/or delivering any goods ordered. Should the Goods that you have ordered be unavailable, an order will be placed on back order and the remainder of the order will be shipped. S³ will keep you informed of any changes or updates to your back order through either telephonic or email communication. Please note that delivery dates are estimates and S³ cannot guarantee the arrival dates.
4.17. Should the back order remain undelivered 30 (thirty) days from the date the order was placed, you may cancel the order by giving S³ 7 (seven) days written notice. Any order is subject to cancellation by S³ should the goods ordered become unavailable due to circumstances beyond S³ reasonable control.
5. DEFECTS, LIABILITY, WARRANTIES AND REPAIRS
5.1. Goods supplied by S³ shall be subject to the Supplier’s and/or manufacturer’s warranty.
5.2. The only entitlement you shall have in respect of those Goods shall be to require S³ to enforce such warranty against the Supplier or manufacturer of those Goods on your behalf.
5.3. Our acceptance of the Goods for inspection or to facilitate the warranty claim against the Supplier or manufacturer does not constitute admission of liability by us;
5.4. When we accept any Goods for repairs and/r maintenance we are acting as an agent of the Supplier and/or manufacturer of the Goods, and as such are acting on their behalf.
5.5. We will not be liable for any loss, damage, destruction, theft, negligent workmanship or maintenance work being carried out to the Goods by the manufacturer or Supplier.
5.6. Any cost of repair or maintenance work completed outside of the Supplier or manufacturer warranty will be for your account. We will provide you with a quote for any maintenance or repair work that is to be carried out on your Goods. We will not start any maintenance or repair work on your Goods until you have accepted our quote.
5.7. You agree that any Goods handed in for repair may be sold by S³ to defray the cost of such repairs if you fail to effect payment of the repair cost where applicable, within 30 days of the repairs being completed.
5.8. Repaired Goods will not be returned until payment for such repairs has been made in full.
5.9. The warranty shall immediately be rendered null and void in the event of any of the following:
5.9.1. failure to use the Goods in accordance with instructions and specifications provided by the Supplier and/or manufacturer;
5.9.2. the Goods have been subjected to physical damage, abuse, misuse, alteration, neglect, tampering, improper maintenance, or has been serviced, repaired, installed by persons not possessing the necessary qualifications required to do so;
5.9.3. the Goods are not returned with an invoice/verifiable method confirming proof of purchase.
5.10. S³ shall not be liable for any loss or damage of whatsoever nature which you may suffer as a result of any unforeseen costs and/or delayed repairs.
5.11. You agree that S³ shall not be liable to you or any other person or entity whatsoever in respect of any loss or damage:
5.11.1. caused by or arising from any fact or circumstance beyond the reasonable control of S³;
5.11.2. which is consequential or incidental loss or damage; and/or
5.11.3. of whatever nature and howsoever arising from or in connection with the supply of Goods.
6. RETURN OF GOODS
6.1. In terms of the Electronic Communications and Transactions Act, you are allowed to return Goods in the following instances:
6.1.1. You must inform us within 7 (seven) days of having received the Goods of your intention to return them;
6.1.2. if you decide to return the Goods, you must return the Goods to us within 10 (ten) Business Days of having received the Goods;
6.1.3. you will not be charged a penalty for returning the Goods but you will be responsible for the cost of returning the Goods to us;
6.1.4. should the Goods be damaged in any way, or should you fail to return any of the Good’s accessories, we are entitled to charge you for those reasonable costs incurred by us to repair or replace the Goods
6.2. S³ will not be required to accept the return of any goods, unless defective within the warranty period, if under your direction the goods have been:
6.2.1. partially or entirely disassembled;
6.2.2. physically altered;
6.2.3. permanently installed, affixed or attached;
6.2.4. joined, added to, blended, combined or embedded within other goods or property.
7. RETURN OF GOODS PROCESS
7.1. S³ will not accept the return of any Goods without prior authorization and a RMA (return merchandise authorization) number issued by S³ management. Once issued, RMA numbers are valid for 10 (ten) Business Days within which returned Goods must be received by S³. RMA numbers will not be extended or re-issued. Customers should prominently display the RMA number(s) on the waybill of boxes containing the returned Goods.
7.2. Customers agree to use only couriers that have been authorized by S³ as reputable couriers and that are capable of providing proof of delivery and insurance for the entire value of the shipment.
7.3. S³ will require you to make payment for the cost of the courier and insurance required for the return of the Goods to S³ before S³ will instruct the courier to collect the returned Goods.
7.4. S³ will not refund courier charges except in the following instances:
7.4.1. an error in delivery was made by S³;
7.4.2. the Goods are found to be defective during the warranty period.
7.5. Customers agree that all returned Goods for credit, replacement or refund will be 100% complete, in a resalable condition, and will include the original packaging material, manuals, blank warranty cards, and other accessories provided by the Supplier and/or manufacturer.
7.6. If any component of the returned Goods is missing, S³ will refuse to accept the return or may impose additional charges against you for the replacement of the missing component/s.
7.7. We may impose a reasonable fee should it be necessary to restore the Goods in order to render them suitably fit for resale.
8. CONTACT INFORMATION
8.1. This website is run by Sustainable Solar Solutions (Pty) Ltd, trading as S³, registration number 2014/276895/07.
8.2. If you have any questions, queries or wish to request permission to use any part of this website, or need to report a service fault to us, please contact us at:
8.2.3. P O Box 263, Bromhof, Randburg, JHB, South Africa, 2154
9. YOUR PRIVACY AND PERSONAL INFORMATION
9.1. The personal information that we receive from you is used strictly for the purpose for which it has been collected. We will under no circumstances knowingly or willingly sell or release your information to anyone.
9.2. All of the information obtained from our website will be used for processing only.
9.3. The only e-mails which you will receive from S³ are updates to any recent orders unless you have indicated otherwise in your preferences.
10.1. This website contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statement of any other site that collects personally identifiable information.
10.2. All links on S³’s website are intended to provide visitors with assistance in finding additional information and opinions. However, due to the ever changing nature of the industry, complex nature and personal subjective experience, reviews can become outdated or less accurate over time and should therefore not be the sole determinate in your decision to purchase goods and should not be a substitute for conducting your own product research.
10.3. Product descriptions are not designed or intended to replace your product knowledge, experience and/or research or that of a professional installer or licensed tradesman.
10.4. S³ is a private site that conducts the business of selling renewable energy related goods and as such, specifications and information posted by S³ is factual. However, customer comments in regards to their experience with said products are the opinions of the user. The Customer opinion reviews are used at the discretion of S³ as a marketing device for positive and constructive ways to share the benefit of the product. It is not to be used as a source for negative commentary as we cannot endorse the validity of any negative comment. Therefore, the S³ site is moderated to remove any unproven biased negative comments. It is not the intention of S³ to mislead the Customer and therefore all purchase decisions should not be based solely on the product reviews.
11.1. You may enter the online competitions hosted by our website if you are a natural person over the age of 18 (eighteen) years and currently residing in South Africa (being a resident or citizen); but will be excluded from entering if you are a director, partner, employee, agent, service provider, and consultant of S³, the sponsor or affiliated to its subsidiaries and its holding company, if any, or if you are the spouse, life partner, parent, child, sibling, business partner and associate of such persons.
11.2. The prize and steps required to accept the offer/participate in the completion will be posted on the website www.sustainenergy.co.za or relevant social media pages, which will also reflect the entry period. Any entries received thereafter will not be considered for the competition draw.
11.3. The outcome of the competition is subject to the decision of the judge, whose decision is final and no negotiation will be entered into thereafter.
11.4. S³ reserves the right to redistribute all unclaimed prizes if not claimed after 3 (three) months after being given away on the website. Prizes are not transferable and may not be exchanged for cash.
11.5. S³ and their sponsors reserve the right to cancel, modify or amend the competition at any time if deemed necessary in their opinion, or if circumstances arise outside of their control.
11.6. By entering the competition, you agree to accept the competition rules and to be bound by them.
12.1. Any dispute arising out of or related to these terms and conditions or the sales transaction between S³ and you shall be governed by the laws of the Republic of South Africa.
12.2. S³ currently only operate within the borders of South Africa.
13. SERVICE ADDRESS (DOMICILIUM) AND NOTICES
13.1. The Parties choose the addresses below as their chosen place to receive legal notices;
13.2. S³ at: 3 Hoep Hoep Avenue, Bromhof, 2154; and
13.3. You, the Customer at: the physical address specified by you as set out on the delivery note for the Goods.
13.4. All legal notices given in terms of this Agreement must be in writing.
14. YOUR DETAILS AND CHANGES THERETO
You agree to provide us with all information, documentation and signatures that we may need in order to impose the payment arrangements found in this Agreement. You must inform us immediately if any of the information or details that you had provided to us have changed.
We have the right to cede any or all of the rights or obligations that we may have in terms of this Agreement. We also have the right to assign part or all of this Agreement to any third party. If we do decide to cede or assign any of our rights or obligations in terms of this Agreement we will give you reasonable notice of our intention to do so. You may not cede, assign, encumber or transfer any of your rights or obligations in terms of this Agreement unless you have our written consent to do so. Such consent will not be unreasonably withheld.
16. VARIATION AND CHANGES
We will have the right to change the terms of this Agreement. If any changes are made to this Agreement we will inform you in writing of the change/s or we will post the change/s on our website.
17. SPAM AND YOUR RIGHT TO OPT OUT
In terms of section 45 of the Electronic Communications and Transactions Act, you may instruct us to remove your details from our mailing list. Should you do so all further unsolicited commercial and/or marketing communications made to you by us will be stopped. In addition to this you may also register your details on the register that can be found on the Direct Marketing Association of South Africa’s website in order to not receive any direct marketing communications in the future.
If one or more of these terms and conditions are found to be unenforceable or unreasonable it will be removed from this Agreement, but all remaining terms and conditions will continue to apply.
19. CIRCUMSTANCES BEYOND OUR CONTROL
We will not be liable to you in the event that we are not able to perform any or all of our obligations in terms of this Agreement as a result of any situation that has arisen which is beyond our control. Some examples of situations that are beyond our control are: acts of God, Government controls, power outages and/or load shedding, restrictions or prohibitions or any other Government act or omission,, whether local or national, any act or default of any supplier, agent or sub-contractor, industrial disputes, strikes or work stoppages of any kind or any other similar or dissimilar cause, or any other event or occurrence that is outside of our control.
20. INDULGENCE AND RELAXATION
Any leniency that we may grant you in terms of this Agreement will not prevent us from exercising any of the rights that we may have in terms of this Agreement in the future, including our right to require your strict compliance with this Agreement. Such leniency will not affect the validity of any terms or conditions of this Agreement.
21. INTELECTUAL PROPERTY RIGHTS
You understand that any and all rights that we have in respect of any of our intellectual property belong to us. You therefore agree not to do anything or allow anything to be done that may infringe on our intellectual property rights. You further understand that we will have the right to hold you responsible for any damages that we may incur if you breach this clause.
22.1. Your costs that you may have incurred as a result of our breach of any of the terms and conditions of this Agreement will be paid by us on an attorney and own client scale.
22.2. We will be entitled to recover from you, all and any costs that we will incur as a result of any breach of the terms and conditions of this Agreement by you. Some examples of such costs would be legal costs as on an attorney and own client scale, tracing costs and collection commission.
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Click here to view a copy of the Electronic Communications and Transaction Act, 2002 to print or save.
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