TERMS AND CONDITIONS OF SALE
ORDER
3.1 To purchase any products you confirm, warrant and/or authorise that:
3.1.1 you are over the age of 18 years;
3.1.2 your details supplied to the Company are both true and correct;
3.1.3 the Company may verify any details reasonably required to confirm that you are eligible to
order the products which you ordered;
3.1.4 your order shall constitute an offer to the Company which, upon acceptance thereof, will become a legally binding contract between yourself and the Company in terms of these Terms and Conditions;
3.1.5 The Company has not made any representations or warranties as to its goods or services and you have accepted to purchase such goods and services without any such representations or warranties;
3.1.6 Any recommendations made by the Company do not constitute medical advice or any medical diagnosis;
3.1.7 There is no guarantee that any of the goods displayed on www.ecistore.co.za will develop or fulfill any claims as advertised or displayed on any products packaging or on the website.
3.2 Your order shall be deemed to be received by the Company once the Company has confirmed that it has been received.
3.3 Upon receiving an order, we will send you an email acknowledging that your order has been received and confirming the details of your order and your order reference number.
3.4 The order and acceptance thereof shall lapse if there is an error made on the website which may include amongst others, advertising, promotional and pricing errors. In such event, compensation will be limited to a full refund of monies paid to the Company.
3.5 We require full upfront payment to be processed after receipt of your order but prior to the Company fulfilling your order. Save for instances of error, the prices of any product will be as quoted. Cash prices quoted on our website are discounted cash prices.
DELIVERY OF ORDERS
3.6 Deliveries can be made to addresses within South Africa and any address internationally (The cost in such delivery charges shall differ accordingly).
3.7 Local Delivery takes approximately 10 to 15 business days depending on location and delivery option selected.
3.8 International Delivery takes approximately 20 business days to 3 months, depending on location and delivery option selected.
3.9 The Company is not liable for any taxes and/or duties imposed upon delivery by your local taxing authority.
3.10 The Company is not responsible for delays due to issues that may arise from payment, prescriptions, inaccuracies, strikes, acts of God, supplier non-fulfilment or other reasons.
3.11 Regardless of the delivery option which you have selected at the time of check out, we may require you to collect your order from the Company under any one or more of the following circumstances:
3.11.1 Your address is not a valid residential or business address in South Africa; and/or
3.11.2 Any courier vendor from South Africa cannot make delivery to your nominated address.
3.12 A refund will not be allowed if we are unable to fulfil your order for any delivery related reason. Instead, you will be required to collect your order from the Company.
REFUNDS. RETURNS AND CANCELLATIONS
3.13 If we are unable to fulfil your order or if you are unsatisfied for any reason (other than for failure to deliver mentioned in clause 3.11) and you have paid for your order in full, we will offer you a choice of a replacement product or a refund of your payment within 7 days of
request, less any costs which may include but are not limited to, payment processing fees, reasonable travel costs incurred by the Company and any administrative fees.
3.14 If we have made an error and sent you the incorrect or a defective product, you may return the product where the Company will incur delivery costs, provided that the product is returned to us in its original condition and packaging within 7 days (calculated from the date on which goods have been delivered to you). Such goods must be returned with all original packaging materials, unused warranty card and instruction booklets.
3.15 Before returning an item, please obtain a return authorisation (“RA”) number by emailing us at hello@ecistore.co.za. Any returns not accompanied by a RA number will not be accepted. The RA number must be clearly written on the outside of the package and/or on the shipping label.
3.16 Returns must be sent prepaid and insured for the full price by a traceable carrier to 4B Russel Street, Benoni, 1500.
3.17 A customer is entitled to cancel any transaction without any penalty within seven days of receipt of products in terms of Section 44 of the Electronic Communications and Transactions Act, 2002 (“cooling-off period”). It should be noted that the cooling-off period does not apply to any electronic transaction where the products are made to the customer’s specifications, clearly personalised and/or by reason of their nature cannot be returned.
PRODUCT AND OWNERSHIP AND PRESCRIPTIONS
3.18 Title and risk in the products shall pass to you on delivery to the address set out in your order or upon collection thereof.
3.19 By placing an order, you confirm that:
3.19.1 You are 18 years of age or older;
3.19.2 Your details are true, correct and current as provided by a registered; and
3.19.3 You have verified your delivery details.
INDEMNITY
4.1 We are not the supplier of the product or service advertised on our website and therefore we cannot take any responsibility for any harm which you may suffer (such as injury, illness, damage or loss of your property or any consequential or other loss) due to the use of the product or service.
4.2 You indemnify us against any loss, liability or cost incurred by you, arising out of any claims or legal proceedings, which are brought or threatened against us, by any person arising from your use of the Service or Website; the use of the Service or Website through your password and/or any breach of this Agreement by you.
ACKNOWLEDGEMENT
5.1 By indicating your acceptance of the Terms and Conditions on the order and checkout page, you warrant that you have carefully read, understood and agree to be bound in terms hereof. If you do not agree to these Terms and Conditions in their entirety, you must not place an online order.
5.2 By using this website and ordering products, you give us permission to collect and retain certain information from you on the website for the purpose of facilitating sales and conducting marketing activities on behalf of the Company, including your name, address, medical aid details and other personal information. We take all reasonable precautions to
protect your personal information however we cannot guarantee the safety of our database nor the transmission of information.
5.3 If any of these Terms and Conditions are by law deemed to be invalid, void, or for any reason unenforceable to any extent, that term, condition or provision will be deemed severable from the remaining terms and conditions and will not affect the validity and enforceability thereof.
5.4 These Terms and Conditions constitute the whole agreement between you and the Company. To the extent permissible by law no party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein.
5.5 All rights reserved. the Company reserves all our statutory, common law and other rights in providing this service to you. Furthermore, we disclaim all liability in cases where you provide inaccurate, misleading or false information to us and/or misuse of your personal information by unauthorised third parties.
5.6 To The extent permissible by applicable law, the Company shall not be liable to you or any other party for any consequential, direct or indirect loss or damage, arising out of or in connection with these Terms and Conditions or your order in any manner whatsoever however caused.
5.7 Changes to these Terms and Conditions of Purchase. The Company will have the right to amend these Terms and Conditions from time to time as may be reasonably necessary by publishing the changes on the website. The Terms and Conditions as amended will be effective upon being published.
5.8 The Company reserves the right to remove and/or terminate a Special and/or Promotional Offer at any time without any notice. The Company further reserves the right to modify, suspend, withdraw or discontinue, temporarily or permanently the Special Offer and/or Promotion in whole or in part at any time whatsoever without any notice.
5.9 Additional Terms and Conditions may apply to specific special and/or promotional offers available upon request.
CESSION OF RIGHTS
6.1 Subject to the provisions of this Agreement, the Consumer shall not be entitled to pledge, cede, make over or assign his/her rights and/or obligations in terms hereof without the prior written consent of the Company.
SECURITY POLICY
7.1 We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information.
7.2 We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep any information contained therein confidential.
7.3 After a transaction has been concluded, your private information (credit cards, financials, etc.) will be kept on file or stored on our database for a period not exceeding 3 (Three) years after it is last accessed or used by us.
7.4 Data transmission over the internet can never be warranted to be entirely secure. Whilst we may take all reasonable steps and precautionary measures to safeguard your personal information, we may be unable to prevent unauthorised access to such information by third parties or inadvertent disclosure of such information during transit and we are not responsible for any actions taken by such third parties. You acknowledge and accept taking this risk when communicating with and transacting on our Website.
PRIVACY POLICY
8.1 Kindly read our Privacy Policy which forms part of these Terms and Conditions and is readily available on our Website.
INTELLECTUAL PROPERTY RIGHTS
9.1 All intellectual property rights (including all copyright, patents, trademarks, service marks, trade names, designs (including the “look and feel” and other visual or non-literal elements) whether registered or unregistered) in the Website and Service, information content on the Website or accessed as part of the Service, any database operated by us
and all the website design, text and graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain our property or that of our licensors.
9.2 You shall not attempt to, obtain any title to any such intellectual property rights. All rights are reserved.
9.3 None of the material listed may be reproduced or redistributed or copied, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without our prior express written permission.
9.4 You may, however, retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not on any server or other storage device connected to a network) or print one copy of such content for your own personal, noncommercial
use, provided you keep intact all and any copyright and proprietary notices.
9.5 You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website without our written permission.
9.6 All rights (including goodwill and, where relevant, trade marks) in the Company are owned by us (or our licensors).
9.7 Other products and company names mentioned on the Website are the trademarks or registered trademarks of their respective owners.
9.8 Title, ownership rights and intellectual property rights in and to the content accessed using the Service is the property of the applicable content owner or Merchant and may be protected by applicable copyright or other law. The Agreement gives you no rights to such
content.
9.9 The authors of the literary and artistic works in the pages in the Website have asserted their moral rights to be identified as the author of those works.
9.10 Any material you transmit or post or submit to the Website (or otherwise to us) shall be considered (and we may treat it as) non-confidential and non-proprietary, subject to our obligations under data protection legislation.
9.11 If for any reason, any part of that statement does not work as a matter of law, then for anything which you supply to us from whatever source (i.e. via email, the Website or otherwise) you grant us a royalty-free, perpetual, irrevocable, non-exclusive right to use, copy, modify, adapt, translate, publish and distribute world-wide any such material.
9.12 All comments, suggestions, ideas, notes, drawings, concepts or other information:
(i) disclosed or offered to us by you; or
(ii) (ii) in response to solicitations by us regarding the Service or the Website; (in each foregoing case, these are called “Ideas”) shall be deemed to be and shall remain our property and you hereby assign by way of present and future assignment all intellectual property rights in Ideas, to us. You understand and acknowledge that we have both internal resources and other external resources which may have developed or may in the future develop ideas identical to or similar to Ideas and that we are only willing to consider Ideas on these terms. In any event, any Ideas are not submitted in confidence and we assume no obligation, express or implied by considering it. Without limitation, we shall exclusively own all now known or hereafter existing rights to the Ideas of every kind and nature throughout the world and shall be entitled to unrestricted use of the Ideas for any purpose whatsoever, commercial or otherwise without compensation to the provider of the Ideas.
THIRD PARTY LINKS & ADVERTISEMENTS
10.1 Occasionally, at our discretion, we may include or offer third party products or services on our website. These third-party sites have separate and independent privacy policies. We therefore take no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
GOVERNING LAW
11.1 The Agreement/terms and conditions and/or any dispute arising therefrom shall be governed by the Laws of the Republic of South Africa.
11.2 The Parties shall, in the event that a dispute arises firstly attend to resolve the dispute through mediation, failing which the matter shall be resolved in accordance with clause 12 herein below.
11.3 Notwithstanding clause 11.2 the Company shall be allowed to approach a court directly for relief in the following instances:
11.3.1 Claims for unpaid accounts / orders; and
11.3.2 Seeking an interdict for to prevent usage of the Company’s intellectual property.
ARBITRATION AND JURISDICTION
12.1 Save where otherwise provided in this agreement, should any dispute arise between the Parties in connection with the following:
12.1.1 the formation or existence of this agreement;
12.1.2 the implementation of this agreement;
12.1.3 the interpretation or application of the provisions of this agreement;
12.1.4 the Parties’ respective rights and obligations in terms of or arising out of this agreement or the breach or termination of;
12.1.5 the validity, enforceability, rectification, termination or cancellation, whether in whole or in part of;
12.1.6 any documents furnished by the parties pursuant to the provisions of clause 12 of this agreement of which relate in any way to any matter affecting the interests of the parties in terms of this agreement, that dispute shall unless resolved amongst the parties to the dispute, be referred to and be determined by mediation in terms of clause 11.2 failing which arbitration shall be concluded in terms of this clause.
12.2 Save as provided in clause 11.3 none of the parties shall be entitled to institute any legal proceedings against the other/any other in connection with any dispute referred in clause 12.1 above unless and until such dispute has been submitted to mediation and arbitration as
provided for herein and such mediation and arbitration has been concluded, and then only to the extent that such legal proceedings are not otherwise prohibited in accordance with the provisions of this clause.
12.3 Any party to this agreement may demand that a dispute be determined in terms of this clause by written notice given to the other party.
12.4 The mediation and arbitration shall be held:
12.4.1 at Johannesburg;
12.4.2 on the basis that the proper Law of the agreement contained in this clause and the terms and conditions/contract in which this clause is contained shall be governed by the Law of the Republic of South Africa unless provided and expressly stipulated otherwise;
12.4.3 with only the legal and other representatives of the parties to the dispute present thereat;
12.4.4 In terms of the Arbitration Act, No. 42 of 1965 (as amended) except as otherwise provided in this sub-clause 12.4.4 and in sub-clause 12.7 below, it being the intention that the arbitration shall be held and completed as soon as reasonably possible should the parties fail to mediate the matter successfully.
12.5 The mediator/arbitrator shall be, if the matter in dispute is principally:
12.5.1 a legal matter, a practicing Advocate or Attorney of Johannesburg (of our choice) and of at least 3 (three) years’ standing;
12.5.2 an Accounting matter, a practicing Chartered Accountant of Johannesburg (of our choice) and of at least 3 (three) years’ standing;
12.5.3 any other matter, an independent person, agreed upon between the parties to the dispute.
12.6 Should the parties to the dispute fail to agree whether the dispute is principally legal, accounting or other any matter within 7 (seven) days after mediation was demanded, the matter shall be deemed to be a legal matter.
12.7 The Arbitrator shall have the power to fix all procedural rules for the holding of the arbitration, including discretionary powers to make orders as to any matter which he may consider proper in the circumstances of the case with regard to submissions, pleadings, discovery, inspection of documents, examination of witnesses and any other matter relating to the conduct of the arbitration. The arbitrator may receive and act on all such evidence, whether oral or written,
strictly admissible or not, as he in his discretion may deem fit. Unless the arbitrator otherwise expressly direct, the arbitration shall be conducted according to the procedures laid down by the Uniform Rules of the High Court of South Africa as amended and adapted by any special rules or practices applicable in the High Court of South Africa, Local Division.
12.8 The award of the arbitrator shall be final and binding upon all the parties to the dispute (who hereby agree to carry out the award). The parties hereby exclude all rights of appeal that might otherwise be conferred on them by law.
12.9 The arbitrator’s award may be made an order of any court of competent jurisdiction including, for the avoidance of doubt, any court which is authorised to make such an order by virtue of any treaty or legislation to the reciprocal enforcement of foreign arbitration awards or
judgments.
12.10 The parties hereby consent to the non-exclusive jurisdiction of the High Court of South Africa, Gauteng Local Division in respect of the proceeding referred to in clause 12.7 and clause 12.9 hereinabove.
12.11 The parties agree to keep the mediation/arbitration including the subject matter of the arbitration and the evidence heard during the arbitration confidential and not disclose the same to anyone except for the purposes of the mediation/arbitration proceedings in terms of
this clause, any review thereof and obtaining an order in terms of clause 12.9 hereinabove.
12.12 Nothing contained in this clause 12 shall prevent any party from seeking an interdict from any court of competent Jurisdiction, in circumstances justified by Law.
12.13 The provisions of this clause:
12.13.1 constitute an irrevocable consent by the parties to any proceedings in terms hereof and no party shall be entitled to withdraw therefrom or claim at any such proceedings that it is not bound by such provisions;
12.13.2 constitute a separate agreement, severable from the rest of this agreement and shall remain in effect despite determination of or invalidity for any reason of this agreement.
ELECTRONIC COMMUNICATIONS
13.1 The email address/es which you provide for order processing and/or registration, may be used for one or more of the following purposes:
13.1.1 To send you information and updates pertaining to your order or use of our service;
13.1.2 To send you information pertaining to your account details and/or status;
13.1.3 To send you occasional news, updates, related to our Website;
13.1.4 To send you promotional emails;
13.1.5 To offer you additional services related to the Company;
13.1.6 To remind you of the services we offer.
13.2 Kindly note that If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email as well as an account review in which you may specifically indicate as to which communications you would like to
receive and those which you would elect to exclude.
DISCLAIMER OF WARRANTIES & LIMITATION ON LIABILITY
14.1 Each party warrants and represents that it has the full right and authority to enter into this agreement and that it is not aware of any impediment which would inhibit its ability to perform the terms and conditions imposed on him/her/it.
WAIVER
15.1 No waiver of any of the terms and conditions contained on this website will be binding for any purpose unless expressed in writing on this website and any such waiver will be effective only in the specific instance and for the purpose given. No failure or delay on the part of either Party in exercising any right, power or privilege will operate as a waiver, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege.
15.2 The failure of either party to comply with any non-material provision of this agreement/terms and conditions shall not excuse the other party from performing the latter’s obligations hereunder fully and timeously.
WHOLE AGREEMENT
16.1 The terms and conditions contained herein constitutes the whole of the terms of use/agreement relating to the subject matter thereof, and no amendment, alteration, addition, variation or consensual cancellation will be of any force or effect unless contained and altered
on the website.
16.2 The terms of use are conditional upon the customer accepting that no other terms or conditions, whether oral or written, and whether express or implied, apply.
SEVERABILITY
17.1 In the event that any of the clauses of this agreement/terms and conditions are found to be invalid, unlawful or unenforceable, such clause(s) will be severable from the remaining clauses of this agreement/terms and conditions, which will continue to be valid and
enforceable. If any invalid clause is capable of amendment to render it valid and enforceable to achieve the same objective as the invalid clause, the Parties agree to negotiate an amendment to remove the invalidity.
NOTICES & DOMICILIA
18.1 The Seller hereby selects its domicilia citandi et executandi for the purpose of legalproceedings and for the purposes of giving or sending any notice provided for or necessary in terms of these terms and conditions, the following address –
18.1.1 The Seller: ECI Store (Pty) Ltd
Postal address: 4B Russel Street, Benoni, 1500
Email address: hello@ecistore.co.za
or such other address or telefax number as may be substituted by notice given on the website as required. The Seller will be entitled from time to time to vary its domicilium by written notice on the website to any other address within the Republic of South Africa which is not a post office box or poste restante.
18.2 Any notice addressed to the Seller/Purchaser at its physical or postal address will be sent by electronic mail.
18.3 A notice will be presumed, unless the contrary is proved, to have been given –
18.3.1 if sent by Electronic mail, on the first business day following the date of sending of such Electronic mail.
CONTACT DETAILS AND LOCATION
ECI STORE (PTY) LTD
REGISTRATION NUMBER: 2020/697440/07
Address: 4B Russel Street, Benoni, Johannesburg.
Tel: 011 420 1312
Email: hello@ecistore.co.za
