Terms & Conditions

TERMS & CONDITIONS

All information including prices, specifications and terms are subject to change without notice. Energimart.co.za is an online shop and cannot be held responsible for any error in typography or photography. This website is updated regularly and we take great care to provide you with up to date and correct information, but errors may occur during content change. Energimart.co.za reserves all rights and may refuse service to anyone in accordance with the Consumer Protection Act (Act No. 68 of 2008) and the Electronic Communications and Transaction Act of 2002.

Methods of payment accepted:

  • All payment methods accepted by PayFast (payfast.co.za)
  • Electronic Funds Transfer.

Credit card acquiring and security

Credit card transactions will be processed via PayFast (Pty) Ltd who accept various South African credit cards.  PayFast uses the highest level of online encryption also used by only three of South Africa’s top banking institutions. Please visit their website for môre information. www.payfast.co.za

Returns

In accordance with the CPA, we only accept returns on products that are defective within the specifications of the specific product’s manufacturer’s warranty. The customer will be responsible for all shipping costs associated with returns.

Processing Time

Standard orders are processed within two working days and shipped accordingly. Energimart.co.za cannot guarantee shipping times or same day deliveries.

Shipping & Delivery

Energimart.co.za is not a transport, shipping or delivery service and will only provide a F.O.B service ex works where title transfers to the customer. All liability i.t.o. transport transfers to the customer once the order has been loaded onto the shipping service vessel or vehicle.

Back Orders

Any items that are unavailable will be placed on back order, and the remainder of your order will be shipped. Please check our web site for the back ordered item’s estimated time of arrival. Please note that these dates are “estimates” and not guaranteed to arrive on that date.

Privacy

Energimart.co.za respects your privacy and will not sell, give or divulge any of your personal information to any third party whatsoever. We will only utilize your personal information and email address for processing orders and providing you with updates and support. Your “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569

Links

Energimart.co.za contains external links that redirect to third party websites and content. Energimart.co.za is not responsible for the content on these third party websites and urges users to take care in considering the content on these websites.

Change Orders

You may change your order provided that we have not shipped it to your billing address.

Cancel Order

In accordance with the Consumer Protection Act, you may request a cancellation of your order within 7days of placing that order, provided your order has not already been processed and shipped. The customer will be responsible for any costs associated with canceled orders and a 15% restocking fee may be charged by Energimart.co.za.

Availability

Unless stated otherwise, the products and services provided on this website are intended for South Africa and neighboring countries only. All marketing campaigns and marketing content only relates to South Africa. Energimart.co.za does not guarantee that services rendered will be uninterruptable, timely or error free. Energimart.co.za will deliver its services to the best of its ability to ensure it delivers a reliable service.

Product Listings and specifications

Energimart.co.za provides product information in reliance on information provided by third parties, manufacturers and generally accepted market knowledge. Although we take great care to ensure all information is accurate and up to date, human error has a way of impeding our ability to always get everything perfect. We expressly state that we cannot be held liable for any action or damage that may be caused in reliance on information found on this website. We again urge our users to seek appropriate expert advice when considering any information given on Energimart.co.za or any product representation.

Conditions of sale and Purchase Agreement

No order is binding on Energimart.co.za until accepted and processed. Any transaction completed on energimart.co.za will be subject to our terms and conditions, which may change without express or written notice and as such, represents the exclusive agreement between the customer and energimart.co.za. All terms and conditions as set out in our terms and conditions page will be the governing legal contract by which both energimart.co.za and you, “the customer” will adhere with acceptance of these terms and acceptance of delivery of any product ordered on energimart.co.za.

No part of this agreement may be altered, duplicated or used for other purposes by the customer and will be considered null and void in such instances.

Copyright Notice

Copyright and all other relevant intellectual property rights on services, products and the full contents of this website remains the property of Energimart.co.za and/or its affiliates and representatives. Logo’s and product trademarks are copyrighted and trademarked with the South African Companies and Intellectual Property Commission (CIPC) and/ or may be subject to ongoing or future copyright. All information on this website may not be duplicated, modified or utilized without the written consent of Energimart.co.za or its representatives.

Various products sold on energimart.co.za are subject to international patent protection under the International PCT and may not be duplicated, distributed and or falsely represented by unauthorized representatives.

WARRANTIES

Energimart.co.za does not cover any warranties; accept those specified by the original equipment manufacturer if any. All items sold are therefore subject to the original manufacturer’s warranty and only applies to the original purchaser.

ENERGIMART.CO.ZA MAKES NO REPRESENTATION OR EXPRESS WARRANTY WITH RESPECT TO ANY PRODUCT EXCEPT THOSE STATED IN THIS DOCUMENT. ENERGIMART.CO.ZA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY SUCH PRODUCT, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.

LIMITATION OF LIABILITY

IN ALL CIRCUMSTANCES TO THE FULL EXTENT OF THE LAW AND RELATING TO ALL PRODUCTS AND SERVICE, ENERGIMART.CO.ZA PROVIDES ALL INFORMATION CONTAINED ON THIS WEBSITE ON AN “AS IS” BASIS AND DISCLAIMS ALL LIABILITY OF ANY CAUSE OF ACTION IN RELATION TO INFORMATION FOUND ON THIS PAGE. ENERGIMART.CO.ZA’S MAXIMUM LIABILITY IS LIMITED TO THE ORIGINAL PURCHASE PRICE OF THE PRODUCTS OR SERVICES SOLD ON ENERGIMART.CO.ZA. ENERGIMART.CO.ZA, ITS REPRESENTATIVES OR ANY OF ITS AFFILIATES SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. ENERGIMART.CO.ZA SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OF INCOME, LOSS OR DAMAGE TO EXEMPLARY OR CONSEQUENTIAL DAMAGES, ACCIDENTAL DEATH AND/OR DAMAGE, WHETHER OR NOT ENERGIMART.CO.ZA IS APPRISED OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES. ENERGIMART.CO.ZA EXPRESSLY DISCLAIMS ALL LIABILITY RELATING TO CONSEQUENTIAL DAMAGE OF EQUIPMENT, INFRASTURCTURE OR PRODUCTS THAT MAY SUFFER DAMAGE DUE TO MALFUNCTION OF ANY PRODUCTS FOUND ON ENERGIMART.CO.ZA

FORCE MAJEUR

Neither party shall be held liable to the other for any failure to perform any obligation under any agreement which may be due to aan event beyond the control of either party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or manmade eventuality out of our control, which causes the termination of aan agreement or contract entered into, NOR which could have reasonably foreseen, any party affected by such aan event shall forthwith inform the other party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any agreement contained herein.

Governing Law and jurisdiction

Any dispute that may arise out of any transaction or interaction between energimart.co.za and the customer will be governed by the law of South Africa and subject to the non-exclusive jurisdiction of the High court of Western Cape. The customer agrees that the prescription period or statutes of limitations for any legal action against energimart.co.za shall be one year from date of invoice.

General Terms and Conditions

The terms and conditions on this page together with the energimart.co.za invoice represents the entire and only agreement between Energimart.co.za and the customer and supersedes all prior agreements whether verbal, written, representations, conditions, assumptions, understandings, warranties and/or any communications not referred to herein.