Terms and Conditions
GENERAL TERMS AND CONDITIONS
Thank you for your purchase at Emetech Solutions. Please read the following terms and conditions applicable to the new product(s) you bought. These terms and conditions are between you (the Customer) and Emetech Solutions (the Seller).
A. Return of product(s)
1. Product(s) once sold cannot be returned unless the product(s) show manufacturing defects and will be collected by the Seller within 7 calendar days from the date of purchase. The product(s) shall be replaced only after verification by the Seller’s After Sales Services.
2. The Seller may only collect the product(s) within the period specified above provided that the product (s):
(i) have not been utilised; and
(ii) are in the same condition at time of delivery.
B. Customer Service
Any complaint should be reported at to our After Sales Service Team, during normal hours from Monday to Friday 08:30 to 16:30, on Saturday from 09:00 to noon, call on (011) 568 -7527 or send your complaint by email to: support@emetech.co.za
C. Title and risk
The risk in the product(s) shall pass to the Customer upon delivery. The title to the product(s) shall not pass to the Customer (or the credit provider, as applicable) until the Seller receives payment in full.
D. Delivery
The Seller shall endeavor to deliver the product(s) at the delivery location as specified by and agreed between the Customer and the Seller. Delivery dates and time are approximative only and the Seller shall not be liable for any failure to deliver the product(s).
Product(s) sold will be delivered to the Customer only after full payment has been received by the Seller
If the Customer is not available to receive the delivery, they must make arrangements for someone else to receive the parcel. If no one is available to receive the parcel, the Seller may store the product(s) and charge the Customer for all related costs and expenses. Should the Customer fail to arrange for the receipt of the product(s) within 45 business days, the Seller may sell or dispose of all or part of the product(s).
E. Warranty terms and conditions
1. Warranty Period
• Under this warranty cover, the Seller guarantees the product(s) registered on this invoice against faulty workmanship or material only, for a period of 12 months (unless otherwise stated as per the next clause), under normal use and service subject to the terms and conditions set out herein. For the avoidance of doubt, nothing stated herein, nor any repairs or replacement effected during the applicable warranty period shall extend the said applicable warranty period.
• This invoice should be presented as proof of purchase. Each product has a different manufacturer warranty period. For information on the warranty period, please refer to the Product Description, visit our website www.shop.emetech.co.za
• Should you wish to extend this cover, we invite you to purchase our extended warranty product. You can do so within one month from the date of purchase of the product. Please contact us.
2. This warranty is not transferable and only covers the original purchaser registered on this invoice.
3. The warranty of the Product is limited to Manufacturing defect only. It applies to structural, electrical, and mechanical defects as contemplated by the manufacturer of the Product. Spare Parts and Labour are free of charge for such defects. Free Transport will be provided subject to the Product.
4. Replacement
• In the event the Product cannot be repaired within 10 days of the complaint for any valid reason such as unavailability of Spare Parts or uneconomical repairs, the Company reserves the right, at its own discretion, to provide another product on loan depending on availability, or replace the Product with one of similar specifications. The retail value of the replacement will be equivalent to the original value of the product purchased, subject to availability.
• The Company will retain the faulty part / product and the faulty part /product will become the property of the Company.
4. The warranty cover shall be subjected, but not limited to the following exclusions
- this invoice is not produced at the time the product is brought in for repair or during the technician’s visit;
- if the product(s) has not been installed, operated, maintained or used in accordance with the manufacturer’s instructions or specifications provided with the product(s).
- any alteration, modification or repair is made to the product by the Customer or any third party;
- the serial number of the product(s) has been removed, defaced, or altered;
- any visible alteration is made to the original invoice;
- the product(s) intended for domestic use are/have been used for commercial purposes;
- the purchaser has not adhered to the agreed payment terms
- Damage of product(s) resulting from, but not limited to, lightning, cyclone, civil unrest, defects from incorrect electrical/gas installation, corrosion, rust or stains, normal wear and tear, gradual deterioration, oxidation and deterioration due to lack of use and atmospheric conditions, floods, storms, bad weather conditions, abnormal storage or working conditions, uses of wrong chemical substances/detergents to clean the product, insects (lizards, cockroaches) and rodents and;
- kitchenware; loudspeakers; microphones; headphones; shaver blades; bulbs; power cords, gaskets; burners; jugs; knobs; microwave turntables; flips; antenna; recording heads; lens; belts; shelves; remote control; blades; batteries; and accessories which have been subject to wear and tear.
5. Mobile phones, notebook, laptop, tablets – applicable warranties as per the terms and conditions of the seller or respective local distributors. The customer is requested to back up all data and safeguard any external drive/memory card against any reformatting or loss of data. The Seller will not be responsible for any loss of data.
G. Limitation of liability
The Seller shall not be responsible or liable in any way whatsoever for:
- any loss of profit, or any indirect or consequential loss arising under or in connection with the sale of any product(s); and
- theft or damage to any product(s) which occurs at the delivery location.
H. Governing law
Any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these terms and conditions or its subject matter or formation, shall be governed by, and construed in accordance with the laws of South Africa and the courts of South Africa shall have exclusive jurisdiction.
SHOP ONLINE - OVERVIEW
This website is operated by Emetech Solutions (PTY) LTD. Throughout the site, the terms “we”, “us” and “our” refer to Emetech Solutions (PTY)LTD. Emetech Solutions (PTY)LTD offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country of residence, or that you are the age of majority in country of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
The order processing period is from Monday to Friday.
Free delivery is available for purchases over R1,000; otherwise, a R90 fee applies, and home delivery may take more than 3 days during peak seasons.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Photos are non-contractual, i.e. photos of products displayed on the website may differ from the actual products.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international or local regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Emetech Solutions (PTY)LTD and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Republic of South Africa.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at enquiries@emetech.co.za
