Terms and Conditions
These terms and conditions regulate the business relationship between you and us. By using Our Website in any way, or by buying from us, you agree to be bound by them.
We are: Lionheart Publishing CC T/A CoMra SA
Our address is: PO Box 248, Caledon, 7230.
You are: a visitor to Our Website
The terms and conditions:
In this agreement:
|“Carrier”||means any person or business contracted by us to carry Goods from us to you.|
|“Consumer”||means any individual who, in connection with this agreement, is acting for a purpose which is outside his business.|
|“Content”||means any content in any form published on Our Website by us or any third party with our consent.|
|“Goods”||means any of the goods we offer for sale on Our Website, or, if the context requires, goods we sell to you.|
|“Our Website”||means any website of ours, and includes all web pages controlled by us.|
|“Post”||means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on to Our Website, and the phrases “Posted” and “Posting” shall be interpreted accordingly.|
In this agreement unless the context otherwise requires:
a reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation.
these terms and conditions apply to all supplies of Goods by us to any customer. They prevail over any terms proposed by you.
any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.
except where stated otherwise, any obligation of any person arising from this agreement may be performed by any other person.
In this agreement references to a party include references to a person to whom those rights and obligations are transferred or pass as a result of a merger, division, reconstruction or other re-organisation involving that party.
the headings to the paragraphs and schedules (if any) to this agreement do not affect the interpretation.
a reference to an act or regulation includes new law of substantially the same intent as that act or regulation.
these terms and conditions apply in any event to you as a buyer or prospective buyer of our Goods and so far as the context allows, to you as a visitor to Our Website.
this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
Our contract with you
This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.
Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement.
If you use Our Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
Because we rely on our suppliers, we do not guarantee that Goods advertised on Our Website are available or immediately available. We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods.
The price of Goods may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy those Goods.
If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website; these terms still apply so far as they can be applied.
We do not sell the Goods in all countries. We may refuse to deliver the Goods if you live in a country we do not serve.
Acceptance of your order
Your order is an offer to buy from us. Nothing that we do or say will amount to any acceptance of that offer until payment has been received by us in full.
At any time before the Goods are despatched, we may decline to supply the Goods to you without giving any reason.
If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may:
accept the alternatives we offer;
cancel all or part of your order.
Price and Payment
The price payable for the Goods is as set out in our price list and is applicable only to sales within the Republic of South Africa.
It is possible that the price may have increased from that posted on Our Website. If that happens, we will not despatch the Goods until you have confirmed that you wish to buy at the new price.
Prices include value added tax (“VAT”). If you show by your delivery address that you reside outside South Africa, VAT will be deducted on your invoice.
Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than Rand will be borne by you.
Any information given by us in relation to exchange rates are approximate only and may vary from time to time.
The price of the Goods does not include the delivery charge which will be charged at the rates applicable at the
date you place your order and which will be included on your invoice.
Payment may be made via Visa, MasterCard, or American Express Cards or by bank transfer into the coMra SA bank account, the details of which will be provided on request.
Card acquiring and security
Card transactions will be acquired for coMra SA via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. DPO PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
Customer details will be stored by coMra SA separately from card details which are entered by the client on DPO PayGate’s secure site.
For more detail on DPO PayGate refer to www.paygate.co.za
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).
If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 15 days from the date when we accept that repayment is due.
Security of your credit card
We take care to make payment gateways safe for you to use.
Card payments are not processed through pages controlled by us. We use as a payment service provider DPO Paygate, who are the approved payment gateway for all South African Acquiring Banks and who will encrypt your card or bank account details in a secure environment.
Goods are delivered within 30 days from the day you place an order to purchase the Goods.
Deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept the delivery.
If we are not able to deliver your Goods within 30 days of the date of your order, we shall notify you by e-mail to arrange another date for delivery.
We may deliver the Goods in instalments if they are not all available at the same time for delivery
All Goods must be signed for on delivery by an adult aged 18 years or over. If no one of that age is at the address when the delivery is attempted the Goods may be retained by the driver. When your Goods arrive, it is important that you check immediately the condition and quantity. If your Goods have been damaged in transit, you must refuse the delivery and immediately contact us so that we may dispatch a replacement quickly and minimise your inconvenience.
Signing “Unchecked”, “Not Checked” or similar is not acceptable.
If we agree with you to deliver on a particular day or at a particular time, we will do our best to comply. But no time given is to be treated as contractual. So we are not liable to you for any expense or inconvenience you incur on account of delayed delivery or non-delivery.
Time for delivery specified on the order, if any, is an estimate only and time shall not be of the essence.
Foreign taxes and duties
If you are not in South Africa, we have no knowledge of, and no responsibility for, the laws in your country.
You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.
These provisions apply in the event that you return any Goods to us for any reason :
We do not accept returns unless there was a defect in the Goods at the time of purchase, or we have agreed in correspondence that you may return them.
Before you return the Goods to us, please carefully re-read the instructions and check that you have assembled it correctly and complied with any provisions relating to the power supply, plugs and sockets.
It is your responsibility to go through the operating instructions as well as the downloadable User Guide before attempting to use Goods.
Should you come across anything in the above documents that is not clear to you, you must ask us for clarification.
We bear no responsibility and you clearly absolve us from all liability, in the event that you cause any harm whatsoever either to yourself or to third parties due to a lack of complying with provisions of the Operating Instructions or the User Guide.
– However, we retain the right to inspect any Goods rejected by you. It is clearly stated and understood that we bear no responsibility for Goods that will be found to have been bruised, dropped to the ground, placed near heat sources or that have been in any way fallen subject to abuse or mis-use. In all such cases, any damage due to abused or mis-used Goods are not covered by the warranty.
In respect of the coMra Palm, the Seller offers a Device warranty of 18 months under the specific Warranty conditions listed on the warranty certificate and these terms and conditions.
In respect of the Delta devices, the Seller offers a Device warranty of 2 years under the specific Warranty conditions listed on the warranty certificate and these terms and conditions.
The Goods must be returned to us as soon as any defect is discovered but not later than 1 month.
So far as possible, Goods should be returned:
with both Goods and all packaging as far as possible in their original condition;
at your risk and cost.
You must tell us by email message to [email protected] you that you would like to return Goods, specifying exactly what Goods and when purchased, and giving full details of the defect or other reason for return.
In returning faulty Goods please enclose with it a note clearly stating the fault and when it arises or arose.
If we agree that the Goods are faulty, we will:
refund the cost of return carriage;
repair or replace the Goods as we choose.
All the conditions, warranties or other terms implied by the law of any country other than South Africa are excluded from this agreement to the extent permitted by law.
We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Goods, at any time and without advance notice.
We give no warranty and make no representation, express or implied, as to:
any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose;
the adequacy or appropriateness of the Goods for your purpose;
We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Goods.
Except in the case of liability for personal injury or death, our liability under this contract is limited, to the maximum extent permitted by law, to the value of the Goods you have purchased.
Security of Our Website
If you violate Our Website we shall take legal action against you.
You now agree that you will not, and will not allow any other person to:
modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
link to Our Website in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
download any part of Our Website, without our express written consent;
collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
share with a third party any login credentials to Our Website.
Despite the above terms, we now grant a licence to you to:
create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
you may copy the text of any page for your personal use in connection with the purpose of Our Website.
You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
12.1 your failure to comply with the law of any country;
12.2 your breach of this agreement;
12.3 any act, neglect or default by any agent, employee, licensee or customer of yours.
12.4 a contractual claim arising from your use of the Goods;
We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.
Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.
– The technology of the Goods is the product of an international patent that is the sole intellectual property of Radiant Life Technologies. No parts of the Goods may be copied or reproduced without the written authorisation of the Seller.
– The trademark of the Goods “coMra – Coherent Multi Radiance” is the intellectual property of the Seller, especially used for the branding of the Goods and may not be used for the branding of products, other than the Goods, without the written authorisation of the Seller.
When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
Where we provide goods without any charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service.
If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery.
|It shall be deemed to have been delivered:|
|if delivered by hand: on the day of delivery;|
|if sent by post to the correct address: within 72 hours of posting;|
In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
This agreement does not give any right to any third party.
Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control, including any labour dispute between a party and its employees.
In the event of any conflict between any term of this agreement and the provisions of the memorandum of incorporation of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
The validity, construction and performance of this agreement shall be governed by the laws of the Republic of South Africa.