Terms Of Use
These terms and conditions regulate the business relationship between you and us.
By using Our Website in any way, or by buying from us, you agree to be bound by them.
No person under the age of 18 years may purchase Goods. We look forward to seeing you again when you are over 18.
We are: Lite Optec (Pty) Ltd
Address is: 9 Staal Street, Kya-Sand, Johannesburg, South Africa
Tell: 011 462 6986
Email: [email protected]
VAT Registration No: 4280118268
You are: a visitor to Our Website / our customer
1. Definitions
In this agreement:
“Carrier” | means any person or business contracted by us to carry Goods from us to you. |
“Consumer” | means any individual who, in connection with this agreement, is acting for a purpose which is outside his business. |
“Content” | means any content in any form published on Our Website by us or any third party with our consent. |
“Goods” | means any of the goods we offer for sale on Our Website, or, if the context requires, goods we sell to you. |
“Our Website” | means any website of ours, and includes all web pages controlled by us. |
“Post” | means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on to Our Website, and the phrases “Posted” and “Posting” shall be interpreted accordingly. |
In this agreement unless the context otherwise requires:
2.1. a reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation.
2.2. these terms and conditions apply to all supplies of Goods by us to any customer. They prevail over any terms proposed by you.
2.3. any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.
2.4. any obligation of any person arising from this agreement may be performed by any other person.
2.5. in this agreement references to a party include references to a person to whom those rights and obligations are transferred or pass as a result of a merger, division, reconstruction or other re-organisation involving that party.
2.6. the headings to the paragraphs and schedules (if any) to this agreement do not affect the interpretation.
2.7. a reference to an act or regulation includes new law of substantially the same intent as that act or regulation.
2.8. in any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party.
2.9. these terms and conditions apply in any event to you as a buyer or prospective buyer of our Goods and so far as the context allows, to you as a visitor to Our Website.
2.10. this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
3.1. This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.
3.2. Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement.
3.3. If you use Our Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
3.4. Because we rely on our supplier, we do not guarantee that Goods advertised on Our Website are available. We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods.
3.5. The price of Goods may be changed by us at any time. We will never change a price to affect the price charged to you at the time when you buy those Goods.
3.6. If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website; these terms still apply so far as they can be applied.
3.7. We do not sell the Goods in all countries. We may refuse to deliver the Goods if you live in a country we do not serve.
4.1. Your order is an offer to buy from us. We shall accept your order by [e-mail confirmation]. That is when our contract is made. Our message will confirm details of your purchase.
4.2. If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may:
4.2.1 accept the alternatives we offer;
4.2.2 cancel all or part of your order.
5.1. The price payable for the Goods that you order is clearly set out on Our Website.
5.2. Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than ZAR (South African Rands) will be borne by you.
5.3. Any information given by us in relation to exchange rates are approximate only and may vary from time to time.
5.4. If, by mistake, we have under-priced Goods, we will not be liable to supply that those Goods to you at the stated price, provided that we notify you before we dispatch it to you.
5.5. The price of the Goods does not include the delivery charge which will be charged at the rates applicable at the date you place your order and which will be displayed on a page of Our Website before we ask you to pay, unless otherwise stated.
5.6 If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but, in any event, no later than 30 days from the date when we accept that repayment is due.
We take care to make Our Website safe for you to use.
6.1. Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
6.2. If you have asked us to remember your credit card details in readiness for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process other transactions which you have initiated.
7.1. You may cancel your order at any time before the expiry of 7 days from the date you receive the Goods, not including the day you received it.
7.2. You are responsible for the cost of returning the Goods. We have no obligation to refund to you, your cost of re-packing and returning the Goods.
7.3. If the Goods you return, show any sign of damage [or loss due to your checking] then we shall be entitled to deduct the cost from your refund money.
7.4. In the event of cancellation of an order by you in compliance with these terms, we will refund any money due to you within 30 days.
7.5. To assist us in identifying your Goods on receipt by us, we ask you to provide telephone number for a return reference to be placed below our address / returns label.
7.6. This paragraph does not affect your rights in the event that the Goods are faulty.
8.1. Goods are delivered within 10 days from the day you place an order to purchase the Goods.
8.2. Deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept the delivery.
8.3. If we are not able to deliver your Goods within 10 days of the date of your order, we shall notify you by e-mail to arrange another date for delivery.
8.4. Goods are sent at our risk until signed for by you or by any other person at the address you have given to us.
8.5. All Goods must be signed for on delivery by an adult aged 18 years or over. If no one of that age is at the address when the delivery is attempted the Goods may be retained by the driver. When your Goods arrive, it is important that you check immediately the condition and quantity. If your Goods have been damaged in transit, you must refuse the delivery and immediately contact us so that we may dispatch a replacement quickly and minimise your inconvenience.
8.6. Signing “Unchecked”, “Not Checked” or similar is not acceptable.
8.7. Goods are sent by post. We will send you a message by email to tell you when we have despatched your order.
8.8. If we agree with you to deliver on a particular day or at a particular time, we will do our best to comply. But no time given is to be treated as contractual. So, we are not liable to you for any expense or inconvenience you incur on account of delayed delivery or non-delivery.
8.9. Some Goods will be delivered direct from the manufacturer who will contact you to arrange delivery. When delivery of the Goods has been arranged directly with the manufacturer, you will be subject to the manufacturer’s delivery policy.
8.10. Some Goods are so large and heavy that delivery times may be slightly longer. In this case, approximate delivery dates will be given when you place your order.
8.11. Time for delivery specified on the order, if any, is an estimate only and time shall not be of the essence.
8.12. We are happy for you to pick up Goods from our shop/ warehouse provided you make an appointment in advance and payment has been received into our bank.
8.13. If you pick up Goods from our premises then:
8.13.1. Goods are at your risk from the moment they are picked up by you or your Carrier from our shop / warehouse;
8.13.2. you agree that you are responsible for everything that happens after you take possession of the Goods, both on and off our premises, including damage to property of any sort, belonging to any person.
9.1. If you are not in the Republic of South Africa, we have no knowledge of, and no responsibility for, the laws in your country.
9.2. You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.
10.1. We will repair or replace Goods which fail to comply with the provisions of the the Consumer Protection Act 2008 or which show a defect. If you claim that the item is defective, the following conditions apply:
10.1.1. the defect must be reported to us as soon as possible of becoming apparent;
10.1.2. the defect results only from faulty design or manufacture;
10.1.3. you have returned the defective Goods to us by following the guidelines set in our Warranty
These provisions apply in the event that you return any Goods to us for any reason:
11.1. We do not accept returns unless there was a defect in the Goods at the time of purchase, or we have agreed in correspondence that you may return them.
11.2. The Goods must be returned to us as soon as any defect is discovered.
11.3. So far as possible, Goods should be returned:
11.3.1. with both Goods and all packaging as far as possible in their original condition;
11.3.2. securely wrapped;
11.3.3. including our original invoice;
11.3.4. at your risk and cost.
11.4. You must tell us by email message that you would like to return Goods, specifying exactly what goods and when purchased, and giving full details of the defect or other reason for return. We will then issue a returns note. If you send Goods to us without a returns note, we may not be able to identify sufficient details to enable us to attend to your complaint.
11.5. In returning faulty Goods please encloses with it a note clearly stating the fault and when it arises or arose.
12.1. You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.
12.2. If you use Our Website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your account.
12.3. You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
If you violate Our Website we shall take legal action against you.
You now agree that you will not, and will not allow any other person to:
13.1. modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
13.2. link to Our Website in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
13.3. download any part of Our Website, without our express written consent;
13.4. collect or use any product listings, descriptions, or prices;
13.5. collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
13.6. aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of Our Website;
13.7. share with a third party any login credentials to Our Website.
13.8. Despite the above terms, we now grant a licence to you to:
13.8.1. create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
13.8.2. you may copy the text of any page for your personal use in connection with the purpose of Our Website.
You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
14.1. your failure to comply with the law of any country;
14.2. your breach of this agreement;
14.3. any act, neglect or default by any agent, employee, licensee or customer of yours;
14.4. a contractual claim arising from your use of the Goods;
14.5. a breach of the intellectual property rights of any person.