Introduction

This website can be accessed at www.aeradix.co.za, related mobi-sites and software applications (the Website) and is owned and operated by Aeradix (Proprietary) Limited (Aeradixwe, 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 and by clicking on the Register Now button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.

The Website enables you to shop online for Aeradix products and related goods (Goods).

Important Notice

Returns

Registration and use of the website

Conclusion of sales and availability of stock

Payment

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

Payment can be made for Goods via –

The above payment options are explained in more detail in our Frequently Asked Questions (FAQ): Payment, which are incorporated by reference.

You may contact us via email at [email protected] to obtain a full record of your payment. We will also send you email communications about your order and payment.

Once you have selected your payment method and you accept these Terms and Conditions, you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.

Delivery of goods

Aeradix offers 2 (two) methods of delivery of Goods to you. You may elect delivery via:

    1. courier; or
    1. self-collection.

Please see details of our delivery and shipping terms and conditions in our FAQs: Shipping and Delivery, which are incorporated by reference.

Where it accepts your order, Aeradix 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.

ErrorsWe 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 reasonable measures to protect it, as more fully detailed below.

Should you decide to register as a user on the Website, we may require you to provide us with personal information which includes but is not limited to

Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update your personal information.

You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.

Subject to clause 11.6 below, we will not, without your express consent:

    1. in relation to the ordering, sale and delivery of Goods;
    2. to contact you regarding current or new Goods or services or any other goods offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us);
    3. to inform you of new features, special offers and promotional competitions offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us); and
    4. to improve your experience on our Website by, inter alia, monitoring statistical non-personal browsing habits, and to transact with us; or

We will ensure that all of our employees, third party service providers, divisions and partners (including their employees and third party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality and non-use obligations in relation to your personal information.

We will –

Changes to these terms and conditions

Aeradix 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 or any of our divisions or partners electronically in accordance with our privacy policy as set out in clause 11 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 Aeradix, its advertisers and/or sponsors and/or is licensed to Aeradix.

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 Aeradix takes reasonable measures to ensure that the content of the Website is accurate and complete, Aeradix 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.

Aeradix disclaims liability for any damage, loss or liability, 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.

Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided as is without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.

Any views or statements made or expressed on the Website are not necessarily the views of Aeradix, its directors, employees and/or agents.

In addition to the disclaimers contained elsewhere in these Terms and Conditions, Aeradix also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or willful misconduct of Aeradix, its employees, agents or authorised representatives. Aeradix thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.

Linking to third party websites

This Website may contain links or references to other websites (Third Party Websites) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and Aeradix is not responsible for the practices and/or privacy policies of those Third Party Websites or the cookies that those sites may use.

Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.

Limitation of liability

Aeradix cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or willful misconduct of Aeradix, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of email to [email protected]

Aeradix SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT CONTAINED IN THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.

YOU HEREBY INDEMNIFY Aeradix AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.

Availability and termination

We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and reserve the right to discontinue providing the Website or any part thereof with or without notice to you.

Aeradix may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Aeradix 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 and 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, and you fail to remedy such failure within 7 (seven) days of notice to you by us, this may (in our sole discretion) lead to a suspension of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.

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 Aeradix, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Western Cape Division, Cape Town) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.

Nothing in this clause 21 or the Terms and Conditions limit your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.

Notices

Aeradix hereby selects 8 Queen Street, Durbanville, Cape Town as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (nominated address). Aeradix may change this address from time to time by updating these Terms and Conditions.

You hereby select the address specified on the Goods order form as your nominated address, but you may change it to any other physical address by giving Aeradix not less than 7 days notice in writing.

Notices must be sent either by hand, prepaid registered post or email and must be in English. All notices sent –

Aeradix information

For the purposes of the ECT Act, Aeradix’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: Aeradix (Pty) Ltd, a private company registered in South Africa with registration number 2012/150529/07
    • Main business: Online retailer
    • Physical address for receipt of legal service (also postal and street address): 8 Queen Street, Durbanville, Cape Town, 7550 (marked for attention: CEO and Legal)
    • Office bearers: Jean Jacques Fourie
    • Phone number: +27 83 6949 327
    • Official email address: [email protected]

General

Aeradix may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.