Terms & Conditions Intro
By accessing or using www.Ligotek.co.za (“the Website”), owned by Ligotek (Pty) Ltd under the company registration number 2020/500135/07 and trading as Ligotek or any of its Services, you agree that you have read, understood and agree to be bound to the terms and conditions contained herein (“Terms”), in conjunction with any additional Ligotek Web Shop terms particularly applicable to you and the Services you utilize. All rights in and to the content of the Website always remain expressly reserved by Ligotek.
Please read these terms carefully before accessing or using the Website or Services. Ligotek will assume you have read and understood these terms should you continue to access or make use of the Website.
It is important to note the following:
✔ The terms “user“, “you” and “your” are used interchangeably in these Terms and refer to all persons accessing the Website or using the Services for any reason whatsoever. Accordingly, the terms “us”, “our” or “we” refers to Ligotek or its possession.
✔ Not all terms are necessarily defined in order.
✔ These terms were last updated on 15 September 2023.
TERMS OF USE
Terms of Use
✔ By using the online store, you agree and accept the Terms and Conditions, as set out below, without modification, reservations, or changes. By using this website, you agree that these Terms and Conditions apply as the final agreement with Ligotek, should you wish to make a purchase.
✔ Use of this website is entirely at your own risk. We do not warrant that the use of the website will be without error or interruption or that the servers that make the website available are entirely virus free at all times. No liability will be accepted by Ligotek for damage or loss of any kind arising from the access to our website.
✔ Ligotek does not warrant that the content displayed on the website is always accurate but every step is taken to ensure that information is up to date and complete.
✔ All rights relating to logos, text, images, data, information or other material communicated on the website are for use on this website and are for viewing purposes only. Unauthorized use, changes or copying is prohibited.
✔ Ligotek operates in terms of the requirements of the Consumer protection Act and our terms and conditions policy is aligned with it.
✔ Save for the Consumer Protection Act, No. 68 of 2008 and the Electronic Communications and Transactions Act, No. 25 of 2005, Ligotek will not be held liable for any damage, loss or liability of nature arising from the use, or inability to use, the Ligotek online store.
✔ Ligotek has done its utmost to ensure that the site is free from errors, but does not assert that the site and its content is free from errors or omissions or that the service will be 100% uninterrupted and error free. If you do note any errors or problems, please report them to Ligotek via email.
✔ Information and content on the website should not be seen as professional advice supported by Ligotek. It is the responsibility of the client to ensure that the products or goods that they purchase meet their needs before they are purchased as all goods are sold on an “as is” basis.
Terms of Sale
✔ The Price you see on the website is the price you pay for the product and does not include delivery or transport or installation charges that might be required, unless expressly specified. Additional charges will be communicated when required and must be settled before the product is released for delivery.
✔ Users may place orders for any Product on the Website, which Ligotek may accept or reject. Whether or not Ligotek accepts an order depends on the availability of Product, correctness of the information relating to the Product (including without limitation the price or materials) and receipt of payment or payment authorisation by Ligotek for the Products.
✔ No products or goods will be released or dispatched unless full payment has been received and the payment has been confirmed by the relevant banks. This is applicable to all payment methods including, but not limited to, credit card payments and electronic funds transfer.
✔ All goods purchased will be supplied by Ligotek from numerous warehouses.
✔ The contract of sale will only be concluded once the order is accepted by Ligotek.
✔ Only orders that have been completed and paid for in full will be processed for delivery.
✔ You acknowledge that stock of all Products on offer is limited, and that pricing and availability is subject to change at any time without notice to you. Ligotek will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Product is no longer available, Ligotek will notify you and you will be entitled to a full refund of any amount already paid by you for such Product.
DELIVERY CONDITIONS
Delivery Conditions
✔ Ligotek will not accept responsibility for orders placed incorrectly on the website and will not be held liable for delivering the original intended item unless subject to an additional delivery charge.
✔ Delivery, installation, commencement, and performance times given are merely estimates and are not binding on Ligotek. Ligotek warrants that it will use its best endeavours to meet such delivery times; time is not of the essence of this agreement unless expressly agreed upon in writing by Ligotek. Ligotek shall not be liable for any loss or damage of whatsoever nature which the user may suffer because of any incorrect or delayed delivery, tampering of installation, commencement or performance.
✔ Our couriers charge on either actual weight or volumetric weight (whichever is greater), we try our absolute best to keep transport costs down. Some product brands qualify for free local delivery. Some products will be charged and delivered separately, and not necessarily one single shipment.
✔ Ligotek is hereby authorized to engage a third party on its behalf and on the terms deemed fit by Ligotek to transport all Products purchased.
✔ You have the choice to collect your products at a verified collection point. Please indicate on the order if you require this option.
RETURNS
Warranty (RAP) Returns Application Policy:
✔ Product warranty excludes failure due to: lightning strikes, surges, poor quality of supply, natural disasters, water damage, physical damage, loss of neutral supply, existing unstable/faulty electrical supply or load shedding. All inverters and batteries must be installed by a qualified electrical wireman or Master electrician with a valid registration with the Department of Labour and/or ECA. Any warranty claim submitted without installation photos, a valid COC and proof of a qualified wireman/master electrician installing the unit, can be rejected and will render the warranty claim null and void.
✔ Inverter trollies are portable and can be installed by the buyer and does not require a COC.
✔ We have a no questions asked return policy within 7 days from purchase. If 7 days have gone by since the date of your purchase we will assess each case individually.
✔ There will be a 30% Handling fee on all goods returned that have been correctly supplied. Items sold on specials are non returnable.
✔ Returns need to be sent or delivered to our premises.
✔ Returns need to be uninstalled, returned with original packaging and all accessories supplied.
✔ To complete your return, we require the original receipt as proof of purchase. Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within 30 days.
✔ The faulty product needs to be returned to Ligotek before the commencement of any Warranty Repairs Procedures.
The following terms apply to returns of items purchased from Ligotek, and we require the following information:
✔ Details of the item(s) you would like to return
✔ Our invoice number
✔ The reason for the return
✔ Ligotek must be notified within 7 days of your intention to return the goods which were purchased; All items returned will be inspected prior to refund. If our technicians are not immediately available, the goods will have to be left with us until such time as a technician is available to check the items.
✔ Proof of purchase is required for all returns.
✔ Returns are based on a bring-in / return to Ligotek basis.
Returns will be refused in the following circumstances:
✔ Where an item has been tampered with, altered or damaged in any way, or
✔ Where a return is deemed unreasonable, this will be referred to management
✔ Should you wish to return any item received from a purchase, Ligotek will not be liable to collect the goods from you that have been delivered to you for any reason whatsoever. Ligotek will not be held responsible for any costs that may be incurred by you as a result of returning the product. This includes, but is not limited to, loss of income, loss of revenue, or any travel expenses.
✔ Most goods that are defective when purchased or fail due to a manufacturing fault will be swapped out, credited, or exchanged within a 7 – 14 working day period from date of delivery, providing there is available stock for replacement at the time.
✔ Excluded from the 7 – 14 working days swap out are –
– Items that were purchased by special order arrangement; Consumables; Any items that show sign of misuse or abuse; Goods that are susceptible to power surges; Accidental damage.
– Goods that cannot be comprehensively tested to supplier’s warranty policy. These goods will be sent to the original suppliers for testing. No repair, refund or replacement will be issued before the testing, or a detailed report issued of the items is complete and has been reviewed by the authorized repair centre. Ligotek will not be held responsible for loss of any nature that may occur during this period of testing and assessment whether it is loss of earnings, travel, warranty, or any other cause.
✔ Warranty on all goods will not be valid at all if the serial number has been removed, altered, modified, damaged, erased or marked in any way whatsoever.
✔ All products purchased from Ligotek are subject to a 12 month carry-in warranty only according to manufacturer’s product specific warranties from date of purchase. Ligotek does not carry any direct warranties, Manufacturers/Importers warranty applies for products purchased from Ligotek.
✔ The warranty stated herein is only valid for clients that purchase products from Ligotek.
✔ The approved local/international manufacturer’s/Importer’s repairs facility will then assess and test the product to ascertain the potential cause of the fault. This will be followed by a fault analysis report which will be sent to both Ligotek and the customer.
✔ The warranty will be void should the serial number, security seal or label be tampered with or removed.
✔ The warranty will be void if the goods have been damaged, written on, painted on, tampered with, or modified in any way.
✔ Some products require the registration of warranties directly with the manufacturer by the end user/owner upon completion of installation.
The Manufacturer/Importer does not take responsibility for the warranty should the end user/owner not register the warranty as required and this instance may void the manufacturer’s warranty all together.
✔ Ligotek will not deliver or collect any warranty goods to or from the client.
✔ If any of the above conditions are not met, the Manufacturer/Importer reserves the right either to refuse the return, or to charge an agreed-upon restock fee of not less than 30% (thirty percent).
✔ If items are credited, it will be at the lesser value between selling price and current market price, and in addition, handling fees specified above will apply.
✔ A component that has been damaged due to negligence, mishandling, lightning strikes, power surges, incorrect installation or installation by unqualified persons or contractors will be declared void of warranty. This includes components that have been installed incorrectly by a party other than a Ligotek employee, components that have been dropped after purchase, components that have liquid damage, components that have been exposed to excess dirt and heat, components that have been overloaded or forced to perform beyond their normal operating standard as set out by the manufacturer, and components that have been physically abused in any way.
✔ Ligotek does not accept liability for loss or damage to any extra items, components and peripherals that may be booked in with warranty items. This includes items such as cables, bags, software and installation disks, instruction manuals etc.
✔ Ligotek does not accept liability for the incorrect selection, installation, erection, commissioning and correct application of components and potential subsequent damages as a result thereof.
✔ Supplier lead time for warranty items is up to 30 (thirty) working days.
✔ The user hereby agrees that any item handed in for repair may be sold by Ligotek to defray the cost of such repairs if the item remains uncollected within 30 (thirty) days of the repairs being completed and customer notified of completion.
Transfer of Rights and Obligations
Indemnification
✔ The Buyer is only entitled to transfer any rights to its customers resulting out of these Terms within the limits set forth herein. Any obligations exceeding these Terms remain at the sole responsibility of the Buyer. The Buyer shall provide the user (including its employees) of the Supplies with all Ligotek supplied product notices, warnings, instructions, recommendations and similar materials.
✔ The Buyer shall indemnify and hold Ligotek harmless from and against all losses, claim damages or other costs of any nature or kind whatsoever (including attorneys` fees) arising from a breach of any provision of these Terms by the Buyer or the negligence, misconduct or actions of the Buyer, its officers, employees, agents of contractors. The same applies to any loss, cost or expenses incurred by Ligotek for claims made by any customer of the Buyer to the extent that such loss, cost or expense is in excess of the liability limits set forth in these Terms including, without limitation, the provisions of the Warranty.
Liability
The remedies of the Buyer under these Terms are exclusive and are its sole remedies for any failure of Ligotek to comply with its obligation hereunder.
In no event, whether under contract, statutory law or delict, shall the aggregate liability of Ligotek for direct damages and/or loss under these Terms exceed 100 (one hundred) % of the price paid in respect to the Supplies to which such liability relates, to the extent permitted by mandatory law.
This limit of liability is cumulative and not per-incident (i.e. the existence of two or more claims will not enlarge this limit). Furthermore, it applies cumulatively to all of Ligotek’s affiliated entities.
In no event, whether under contract, statutory law or delict, shall Ligotek or its affiliated entities, officers, directors, employees, agents, be liable for indirect, incidental, special or consequential damages, including but not limited to loss of profit, loss of revenue, loss of use, loss of production or penalty payments, to the extent permitted by mandatory law.
The limitations of liability contemplated in this clause shall not apply in the following cases:
✔ The liability results from the mandatory law applicable for Ligotek’s product liability;
✔ Intent;
✔ Gross negligence on the part of the owners, legal representatives or executives of Ligotek arising from or relating to Ligotek’s performance under these Terms;
✔ Fraud; or
✔ Negligent injury to life, limb or health.
Force Majeure
Force Majeure – If Ligotek is prevented, hindered or delayed from or in performing any of its obligations under these Terms (other than a payment obligation) by a Force Majeure Event (as defined further below), Ligotek’s obligations under these Terms are suspended while the Force Majeure Event continues and to the extent that it is prevented, hindered or delayed.
Force Majeure Event” means an event beyond the reasonable control of Ligotek which is due to external circumstances including, without limitation, general labour disturbances such as, but not limited to strikes, lockouts, boycotts, riots, civil unrest and labour disputes, supply difficulties and delays, any delays at borders and/or as a result of customs controls, breach of contract or disputes with the subcontractors of Ligotek, acts of God, war, riot, civil commotion, malicious damage, acts of Government or any governmental authority or representative thereof (whether or not legally valid) such as, but not limited to, a rule, regulation, law, governmental order or direction, embargoes and trade limitations, accident, breakdown of plant or machinery fire, flood, storm and difficulty or increased cost in obtaining workers, goods or transport.
Where a Force Majeure Event in the meaning of the above arises, Ligotek shall have the right to rescind the contract. In any case no indemnity shall be claimed or exercised by either Party in case of a Force Majeure Event.
General
✔ Ligotek values all feedback via the “Contact Us” option on the website. Any information placed on the website will become our property and will not be limited in any way whatsoever as to the use of the information. Any inappropriate comments that contain unlawful, obscene, or defamatory material will not be permitted and will be removed from the website entirely.
✔ Ligotek will not distribute, sell or share any personal information provided on this website with anyone else and will solely be restricted to be used on the website and/or the transaction processed on it. We reserve the right to communicate with you regarding information that may be required related to the services or products because of use of the website. All personal information is held securely.
✔ To use and access this website you will require a suitable device with internet connectivity and Ligotek shall not be held liable for any charges that may be incurred by you as a result of the connectivity.
✔ If any provision of these Terms is held to be invalid or unenforceable, then such provision shall (so far as it is invalid or unenforceable) be given no effect and shall be deemed not to be included in these Terms but without invalidating any of the remaining provisions of these Terms. The Parties shall then use all reasonable endeavours to replace the invalid or unenforceable provisions by a valid and enforceable substitute provision the effect of which is as close as possible to the intended effect of the invalid or unenforceable provision.
✔ The Buyer may not assign, license or subcontract all or any of its rights or obligations under these Terms without Ligotek’s prior written consent. Ligotek may assign, license or subcontract all or any part of its rights or obligations under these Terms without the Buyer’s consent.
✔ The failure to exercise or delay in exercising a right or remedy provided by these Terms or by law does not constitute a waiver of the right or remedy or a waiver of other rights or remedies. No single or partial exercise of a right or remedy provided by these Terms or by law prevents further exercise of the right or remedy or the exercise of another right or remedy.
✔ Any notice hereunder shall be deemed to have been duly given if sent by registered post and email to the Party concerned at its registered office or principal place of business.
✔ If there is any conflict between the English version of these Terms and any translation thereof into any other language, the English language version of these Terms shall prevail.
