TERMS AND CONDITIONS
INTRODUCTION
1.1 We are ESSENTIAL 420 (PTY) Ltd
Registration number: 2019/315785/07
Trading as E420 on the website www.essential420.co.za
1.2 These Terms and Conditions govern the sale and delivery of goods and services by us of any items ordered by you on the site. By using this website, you agree to be legally bound by these Terms and Conditions.
1.3 In these Terms and Conditions:
1.3.1 Definitions:
- a) “Account” means the account that you will need to register for on the site if you would like to submit an order on the site;
- b) “Acknowledgement” means our acknowledgment of your order by delivery;
- c) “Business Day” means a day which is neither (i) a Saturday or Sunday, nor (ii) a public holiday anywhere in South Africa;
- e) “Confirmation of order” means our email to you, in which we accept your order in accordance with delivery clause
- f) “Contract” means your order of an Item or Items in accordance with these Terms and Conditions which we accept in accordance with T&C
- g) “Customer” means an individual who places an order on the site;
- j) “Liability” has the meaning given to it in clause 7 of these Terms and Conditions;
- k) “Order” means the order submitted by you to the site to purchase an online Item from us;
- m) “You” means the customer who places an order;
- n) “We” means ESSENTIAL 420 (Pty) Ltd t/a E420 as described above;
These Terms and Conditions are our copyrighted intellectual property, and any use by third parties, even of extracts for the commercial purposes of offering goods and/or services, is not permitted. Infringements may be subject to legal action.
Status
Must be 18 years and older to place an online order.
Effect
3.1 These Terms and Conditions shall apply to all online orders concluded by or with E420 for the sale and/or supply of online Items. When you commit to an online order with E420 and submit your delivery instruction of purchasing any Items on our website, this shall bind you to our Terms and Conditions.
How a Contract is formed
4.1 When proceeding to place an order, you need to register yourself an account on the site and follow the easy instructions to place your online order.
4.2 Once you select an item that you want to order and proceed to checkout, the amount to be paid will be shown with additional charges you may pay, if applicable.
4.3 You shall pay for your online order with the following payment method (Ozow secure payments right from your device, through a simple step-by-step process), subject to E420 discretion.
Once you have successfully made payment, you will receive instant notification that the payment has been successful via an e-mail.
4.4 You undertake that all details you provide to E420 for the purpose of purchasing the online item from us will be correct, that the credit or cheque card, or account which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the online purchase. We reserve the right to obtain validation of your payment
4.5 Your order remains valid as an offer until we deliver the Items to you.
4.6 You acknowledge that stock of all Items on offer is limited and that pricing may change at any time without notice to you. E420 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 site. However, we cannot guarantee the availability of stock.
Delivery
5.1 We strive to deliver your online order to you within the agreed time frame. Orders are only delivered to the address stated in the online order.
5.2 We shall aim to let you know if we expect that we are unable to meet our estimated delivery date, but to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges, or expenses arising out of late delivery.
5.3 If you are not available to take delivery or collection, we may leave a card giving you instructions on re-delivery that may lead to additional charges.
Cancellation
6.1 We reserve the right if we suspect fraud, to refuse to accept or process your payment for your online order and cancel any sale between you and E420.
6.2 We try very hard to deliver items in excellent condition. However, if you tell us that the item is faulty, you agree to keep the item in its current condition unused and available for us to inspect within a reasonable time.
6.3 Under no circumstances will cash refunds be made; a credit on your online account will be available for your next order.
6.3 Special conditions and procedure for returns of defective or faulty items will apply, as set out in the returns policy. The special conditions are in line with the requirements of the Consumer Protection Act 68 of 2008.
Limitation of Liability
7.1 We will at all times do our utmost best to ensure that all information displayed on the site and in any communication from E420 is accurate. However, should any inaccurate information be published by E420, we shall not be liable for any direct, indirect, incidental, or consequential loss or damage suffered by you as a result of the inaccurate information.
Guarantee and complaints management
8.1 We shall perform our obligations under these Terms and Conditions with reasonable skills and care.
8.2 We place great value on our customer satisfaction. You may contact us at any time by sending us an e-mail to info@essential420.co.za
8.3 In the event of a complaint or dissatisfaction with the item, it will help us if you can describe the complaint as accurately as possible and send us copies of the order or at least the order number that we assign you in the acknowledgment or confirmation of order. We would strive to reply within 5 working days.
General
9.1 These Terms and Conditions shall be effective from the date on which we publish this on our website and may result in amendments from time to time. We advise you to print and keep a copy of these Terms and Conditions, your order, the acknowledgment, and the confirmation of order.
9.2 If any clause in these Terms and Conditions shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as these Terms and Conditions shall be capable of continuing in effect without the unenforceable term.
9.3 Nothing in these Terms and Conditions shall create or be deemed to create a partnership, an agency, or a relationship of employer and employee between you and us.
9.4 A full record of every sale and related transaction between you and E420 shall be maintained on the site for a period of 12 months following the date of such sale or related transaction.
9.5 Any and all copyright subsisting on the Website, including these Terms and Conditions, vests in E420, and all rights not expressly granted are reserved.
9.6 When you visit the site or create an account you consent to receiving communications from E420 electronically for marketing purpose only.
9.7 Compliance with Electronic Communications and Transactions Act
These terms are bound by the stipulations of the Electronic Communications and Transactions Act no. 25 of 2002 (the Act), accessible [here](www.gov.za/sites/default/files/gcis_document/201409/a25-02.pdf). Any terms conflicting with the mandatory provisions of the Act will be considered modified to align with its requirements.
Amendment to Essential 420’s General Business Terms and Conditions
Essential 420 reserves the right to modify the Terms and Conditions at any time. All modifications will be published on our website. It is your full responsibility to review and comprehend our terms and conditions before initiating an online order. If you are dissatisfied with any changes, it is advisable to refrain from placing online orders.
Disclaimer
Except for Essential 420’s liability to you:
- a) under the Consumer Protection Act 68 of 2008 concerning items sold by Essential 420 to you via the Site; and [link](gov.za/sites/default/files/gcis_document/201409/321864670)
- b) under sections 43(5) and 43(6) of the Electronic Communications and Transactions Act regarding Essential 420’s payment systems’ insufficient security;
Essential 420 is not liable for any damage, loss, or liability arising from the use or inability to use this Site or the services or content provided from and through this Site. Furthermore, Essential 420 makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this Site are free from errors or omissions or that the service will be 100% uninterrupted and error-free.