Terms & Conditions
In these terms and conditions, “we” “us” and “our” refers to CRISP Energy. Your access to and use of all information on this website including purchase of our product/s is provided subject to the following terms and conditions. The information is intended for residents of South Africa only.
We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.
Product Descriptions
1. We strive to ensure that our products are described as accurately as possible on our website, however we do not warrant that the description is accurate. Where we become aware of any misdescription, we reserve the right to correct any error or omission.
2. Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.
Product Orders
3. Our products are for sale to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
4. We supply and dispatch our products to customers within South Africa only.
5. We endeavour to ensure that our product list is current however we give no undertaking as to the availability of any product advertised on our website. Should a product be unavailable at time of order, we will inform you of this fact, and a reasonable time frame for which we expect to be in stock of this product in the future.
6. Packaging and postage is an additional charge, calculated at time of purchase.
7. When you order from us, we require you to provide your name, address for delivery, your email address, telephone contact and credit card details. We undertake to take due care with this information; however in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.
8. We undertake to accept (or reject) your order within Seven (7) days. If we have not responded to you within Seven (7) days, your offer is deemed to be rejected. We are not required to give reasons for rejecting your offer to purchase however the most likely reason for rejecting your offer will be that we do not currently have that product in stock.
9. Delivery of your ordered product/s will take place by courier, at a charge to be added to the purchase price. Title in the goods passes to you when we have received payment. Payment will be deemed “received”, once the funds reflect in our bank account. Our website has a SSD payment link located on it for ease of payment. Should you use this link and receive a message from your bank that the payment was unsuccessful or dishonoured for whatever reason, it is your responsibility to resolve the issue with your bank. Further terms of payment are set out on the order page.
10. All risk of loss or damage to the goods passes to you when we despatch the goods.
Order Cancellation Due To Error
11. Where a product has been listed at the incorrect price or with incorrect descriptive information or image due to typographical error or similar oversight, we reserve the right to cancel a transaction. Where your credit card has been charged, we will immediately refund your credit card for the total amount debited.
Product Returns
12. We undertake to replace you for any product delivered to you that is faulty or is in a damaged condition. If you wish to return a faulty or damaged product, you must notify us through our designated “contact us” webpage where we set out our requirements relating to return of such goods. CRISP Energy will only accept the return of defective goods if they are in their original condition. CRISP Energy does not accept the return of opened products unless the product is deemed defective.
13. If we are unable at the time of return to replace or exchange returned goods, we undertake to reimburse your credit card for the amount initially debited for the purchase including packaging and postage charges.
14. CRISP Energy accepts the return of goods purchased on the CRISP Energy website only if they are unopened and in their original condition.
Site Access
15. When you visit our website, we give you a limited licence to access and use our information for personal use.
16. You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trademark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
17. Except as permitted under the Copyright Act 1978, you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
18. The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
Hyperlinks
19. You may link our website with our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website’s contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.
Intellectual Property Rights
20. The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
21. All trademarks, brand and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
22. Any redistribution or reproduction of part or all of the contents in any form is prohibited. You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
Disclaimers
23. Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
24. All information on this web site is provided on an “as is” basis and is for general information purposes only. To the fullest extent permitted by law, CRISP Energy excludes all representations and warranties relating to this website’s and their content or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and Excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
25. CRISP Energy attempts to be as accurate as possible when describing our products however, to the extent permitted by applicable law, we do not warrant that any product descriptions, colours or other content available at CRISP Energy are accurate, complete, reliable, current, or error-free.
26. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
27. We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
Limitation of Liability
28. To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the goods and/or services again or payment of the costs of having those goods and/or services supplied again.
29.We accept no liability for any loss whatsoever including consequential loss suffered by you arising from product/s we have supplied.
Indemnity
30. By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website. All users agree to indemnify, defend and hold harmless CRISP Energy against liability, damage, loss or expense ( including reasonable attorney’s fees) incurred by or imposed upon CRISP Energy Parties or any one of them in connection with any claims, suits, actions, demands or judgments (“Claims”) related directly or indirectly to or arising out of (1)any User Content or Submission that you Submit; (2) your use of the Site or Services; (3) your breach of this Agreement or any representations and warranties made by you in this Agreement; and (4) your violation of any third-party rights.
Force Majeure
31. If a Force Majeure event causing delay continues for more than Thirty (30), we may terminate this Agreement by giving at least Seven (7) Notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.
Jurisdiction
32. These terms and conditions are to be governed by and construed in accordance with the laws of The Republic of South Africa and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Western Cape and you agree to submit to the jurisdiction of those Courts.
33. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary, the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
Privacy
34. We undertake to take all due care with any information which you may provide to us when accessing our website. We however, do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
35. Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from our home page.
