Terms and Conditions - Elite Chemical Industries

ELITE CHEMICAL INDUSTRIES (PTY) LIMITED

STANDARD TRADING TERMS AND CONDITONS

Introduction

This website can be accessed at www. elitechemicalindustries.co.zaand is owned and operated by Elite Chemical Industries (Pty) Ltd (“Elite Chemicals”, “we”, “us” and “our”).
These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of the Website.
These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
The Website enables you to shop online for a range of goods including adhesives and wear-resistant coatings for various applications, including mining and quarrying, foundry casting and potting, electrical and electronics industries, and general and civil engineering (“Goods”).
When you use our Website, notwithstanding your geographic location, you do so in accordance with these Terms and Conditions and provided that any delivery address, including for returns collections, is a delivery address within the borders of the Republic of South Africa.

Important Notice

These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –
– may limit the risk or liability of Elite Chemicals (Pty) Ltd or a third party; and/or
– may create risk or liability for the user; and/or
– may compel the user to indemnify of Elite Chemicals (Pty) Ltd or a third party; and/or
– serves as an acknowledgement, by the user, of a fact.
Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Elite Chemicals (Pty) Ltd to explain it to you before you accept the Terms and Conditions or continue using the Website.
Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Elite Chemicals (Pty) Ltd in terms of the CPA.
Elite Chemicals (Pty) Ltd permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.

Returns

Please refer to our Returns Policy for more information about returning products (and related refunds, replacements or repairs). The Returns Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).

Registration and use of the website

You have the option to register as a user, but you are also able to make purchases without registering on the site.
To register as a user, you must provide a unique username and password and provide certain information and personal details to Elite Chemical (Pty) Ltd. You will need to use your unique username and password to access the Website in order to purchase Goods, if you choose to go that route
You agree and warrant that your username and password shall:
1. be used for personal use only; and
2. not be disclosed by you to any third party.
For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.
You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.
You agree to notify Elite Chemical (Pty) Ltd immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Elite Chemical (Pty) Ltd representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised Elite Chemical (Pty) Ltd representative.
NO credit facilities will be granted for online purchases.

Conclusion of sales and availability of stock

Registered users may place orders for Goods, which Elite Chemical (Pty) Ltd may accept or reject. Whether or not Elite Chemical (Pty) Ltd accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorisation by Elite Chemical (Pty) Ltd for the Goods.

NOTE: Elite Chemical (Pty) Ltd will indicate the acceptance of your order by delivering the Goods to you or allowing you to collect them, and only at that point will an agreement of sale between you and Elite Chemical (Pty) Ltd come into effect (the “Sale”). This is regardless of any communication from Elite Chemical (Pty) Ltd stating that your order or payment has been confirmed. Elite Chemical (Pty) Ltd will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.

Prior to delivery or your collection of the Goods, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery or your collection of the Goods, you may return the Goods only in accordance with the Returns Policy.
You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. In the case of Goods for sale by Elite Chemical (Pty) Ltd, Elite Chemical (Pty) Ltd 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 Goods are no longer available after you have placed an order, Elite Chemical (Pty) Ltd will notify you and you will be entitled to a refund of any amount already paid by you for such Goods.

Payment

We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.

Whether the Goods are for sale by Elite Chemical (Pty) Ltd, payment may be made for Goods via the following methods (depending on its availability and/or your eligibility to use such a method) –

debit card; where payment is made by debit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Goods will be cancelled. You warrant that you are fully authorised to use the debit card supplied for purposes of paying the Goods. You also warrant that your debit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;
credit card: where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Goods will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;
direct bank deposit or electronic funds transfer: if you pay via direct bank deposit or electronic funds transfer, payment must be made within 5 (five) days of placing your order. Elite Chemical (Pty) Ltd will not accept your order if payment has not been received;
Instant EFT – BANKING DETAILS WILL BE PROVIDED TO YOU BY Elite Chemical (Pty) Ltd via two methods – for instance WhatsApp and e-mail. Please make sure that you have the correct banking details before making a payment.
Peach Payments – as the preferred payment Gateway.
Once you have selected your payment method (save for cash on delivery or direct bank deposit), you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.

Credit facilities and legal remedies

You can apply for credit fascilities to be granted to you by Elite Chemical (Pty) Ltd in respect of goods and/or services to be rendered, upon the following terms and conditions.

Notwithstanding the grant of the credit facilities to you, Elite Chemical (Pty) Ltd shall be entitled at any time, and in Elite’s sole discretion to withhold such facilities and require repayment for your outstanding account.
You undertake to settle any valid account within a period of 30 (thirty) days, reckoned from the 30th day of the month during which credit was extended and should you fail to pay the amount within such period of thirty days, you agree to pay interest on the outstanding balance at the rate of 1.5% per month from date of invoice.
You agree to send proof of payment to Elite Chemical (Pty) Ltd via e-mail once the payment has been made.
You undertake to pay all legal expense incurred in connection with the recovery of any amount due to Elite Chemical (Pty) Ltd, including charges, as between Attorney and Client, which may be payable in respect of the collection of such amount.
You agree that the addresses given shall be your domicillium citandi ex executandi for all purposes under this agreement, whether in respect of court process, notices or other documents or communications, or whatever nature.
Should it be necessary for Elite Chemical (Pty) Ltd to institute legal proceedings for recovery of any amount due to you, then you consent that the Magistrate’s Court has jurisdiction to hear and determine such an action.
A certificate signed by a director of Elite Chemical (Pty) Ltd showing the amount due and owing by you at any time, will be sufficient prima facie proof of the facts stated herein for the purpose of all legal proceedings against you for recovery of the said amount.
Should we require extended credit facilities, we undertake to apply in writing for Elite Chemical (Pty) Ltd’s consent to any variation of the above conditions before incurring the debt and in such event we agree to abide by any conditions or stipulations imposed by Elite Chemical (Pty) Ltd as a condition precedent to the granting of such extended facilities.
All items remain the property of Elite Chemical (Pty) Ltd until paid in full.
Risk in goods shall pass to the buyer or the buyer’s agent or to a carrier, who for the purposes of these conditions, shall be deemed to be the buyer’s agent.
All goods and materials are supplied to and shall be accepted by the buyer on the particular understanding that Elite Chemical (Pty) Ltd does not expressly or impliedly warrant or represent that such goods or materials are suitable for the purpose of which they are bought or any other particular purpose. Elite Chemical (Pty) Ltd shall not be liable for any loss or damages whatever suffered, part thereof being defective in any way or failing to conform wholly or partly with any warranty or guarantees given or delay or failure in delivery.
Unless expressly accepted by the management of Elite Chemical (Pty) Ltd in writing, any deviation from or contradictions of these conditions in your order form must be deemed too be and will be treated as inapplicable.

Delivery of goods

Elite Chemical (Pty) Ltd offers 2 (two) methods of delivery of Goods to you. You may elect delivery via:

courier; or
self-collection.

Where it accepts your order, Elite Chemical (Pty) Ltd will deliver the Goods to you as soon as reasonably possible, but no later than 30 (thirty) days of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase price.

Elite Chemical (Pty) Ltd’s obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order. Elite Chemical (Pty) Ltd is not responsible for any loss or unauthorised use of a product, after it has delivered the product to the physical address nominated by you, by our preferred courier, which is The Courier Guy.

Errors

We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy.

Privacy policy

We respect your privacy and will take all reasonable measures to protect it, as more fully detailed in our Privacy Policy, which is incorporated by reference.

Changes to these Terms and Conditions

Elite Chemical (Pty) Ltd may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.

Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.

Electronic communications

When you visit the Website or send emails to us, you consent to receiving communications from us electronically in accordance with our privacy policy as set out above.

Ownership and copyright

The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of Elite Chemical (Pty) Ltd.

You will not acquire any right, title or interest in or to the Website or the Website Content.

Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any Website Content contact us.

Disclaimer

The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.

Whilst Elite Chemical (Pty) Ltd takes reasonable measures to ensure that the content of the Website is accurate and complete, Elite Chemical (Pty) Ltd makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website.

Elite Chemical (Pty) Ltd disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.

Availability and termination

We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.
Elite Chemical (Pty) Ltd may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Elite Chemical (Pty) Ltd will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.
If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.
Elite Chemical (Pty) Ltd is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website and/or have created multiple user profiles to take advantage of a promotion intended by Elite Chemical (Pty) Ltd to be used once-off by you, to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and Elite Chemical (Pty) Ltd, in whole or in part, on notice to you. Elite Chemical (Pty) Ltd shall only be liable to refund monies already paid by you and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.
At any time, you can choose to stop using the Website, with or without notice to Elite Chemical (Pty) Ltd.

Governing law and jurisdiction

These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
In the event of any dispute arising between you and Elite Chemical (Pty) Ltd, you hereby consent to the non-exclusive jurisdiction of the Magistrate’s Court of the Republic of South Africa (Gauteng Division), or in the event that the quantum of the claim is more than R100 000, the High Court of the Republic of South Africa (Gauteng Division).
Nothing in this clause or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.

Notices

Elite Chemical (Pty) Ltd t hereby selects 23 Barium Str, Alrode, Ext 7, Gauteng, South Africa, as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). Elite Chemical (Pty) Ltd may change this address from time to time by updating these Terms and Conditions.
You hereby select the delivery address specified with your order as your legal address, but you may change it to any other physical address by giving Elite Chemical (Pty) Ltd not less than 7 days’ notice in writing.
By email will be deemed to have been on the date indicated in the “Read Receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTION to serve as proof that an email has been received.

Complaints

If you have a complaint about the goods or services provided by us or require information regarding our internal complaints-handling process, please get in touch with us via our e-mail on info@elitechemical.co.za, or via the contact form on the website.

If we are unable to resolve your complaint to your satisfaction or we cannot resolve your complaint within 15 (fifteen) business days of you having notified us of it, you can approach the Consumer Goods and Services Ombud (“CGSO”) to assist in resolving the complaint. The CGSO’s contact details are: Website: http://www.cgso.org.za/ Sharecall: 0860 000 272 Email: complaints@cgso.org.za

Information

For the purposes of the ECT Act, Elite Chemical (Pty) Ltd’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:

Full name: Elite Chemical (Pty) Ltd, a private company registered in South Africa with registration number 1971/010421/07
Main business: Online retailer
Physical address for receipt of legal service (also postal and street address): 23 Barium Str, Alrode, Ext 7, Gauteng, South Africa
Office bearers: Sergio Zampoli
Phone number: +27 11 864 4620
Email address: info@elitechemical.co.za
PAIA: The manual published in terms of section 51 of the Promotion of Access to information Act 2000 may be downloaded from our website..
Intellectual property complaints: info@elitechemical.co.za