Terms & Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS FOR USE OF THIS WEBSITE CAREFULLY PRIOR USING THIS WEBSITE!

Your use of this Site indicates your acceptance of these Terms and your agreement to follow and be bound by them. Do not use the Site if you do not agree to be bound by these terms at any time for any reason. We may periodically revise, modify, amend, or supplement the terms without notice, so kindly check them from time to time as your continued use of the Site signifies your acceptance of any changed terms. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.

These Terms and Conditions shall apply to all users regardless of any future transactions or dealings between such user and Oznium, or lack of any such future transaction or dealings, and shall survive the termination of any such future transaction or dealings.

Oznium provides the information, services, text, graphics, links or other material (“the content”) on this Site to the user, conditioned on the user’s acceptance, without modification, of the Terms and Conditions.

The use of the Site is subject to the additional disclaimers, caveats, and notices that may appear throughout the Site.

INTRODUCTION

The Site is hosted in the United Kingdom and managed in the Republic of South Africa and promotes the marketing and sale of LED lighting products. Queries, sales or any other communication made from/to the Site are subject to the Terms and Conditions of this agreement, to the exclusion of all other terms. By browsing on this Site, you acknowledge that you have read, understood and agreed to be bound by this agreement, and the other policies displayed on this Site.

In particular, we wish to draw your attention to our policies relating to the terms of purchase within the Terms and Conditions and our Privacy Policy. If you are under 18 you must let your parent or guardian know about Oznium’s Privacy Policy before you register to use this Site or any of this Site’s services. We reserve the right to only accept orders from those over 18 however.

While we make reasonable efforts to provide accurate and timely information about Oznium and its affiliated partners on this Site, you should not assume that the information provided is always current or that this Site contains all the relevant information available. In particular, if you are making a purchase decision regarding any products shown on this website.

YOUR COMMENT

We value the comments, ideas, suggestions and feedback disclosed, submitted or offered by you on, by or in connection with your use of the Site (“comments”), but Oznium shall not be obliged to respond to, maintain or compensate you in any way whatsoever for your comments. Once disclosed, submitted or offered, your comments shall become the property of Oznium. Oznium will thus exclusively own all such rights, title and interests in the comments and shall not be limited in any way in its use, commercial or otherwise, of any of the comments.

You warrant that the comments disclosed, submitted or offered by you to the Site do not and will not violate any right of any third party, including copyright, trademark, privacy or any other personal or proprietary right. You agree not to disclose, submit or offer any comments that will be or will contain any defamatory, unlawful, abusive or obscene material. Oznium disclaim any liability towards any third party regarding your comments and you shall remain accountable towards any third party regarding the contents of your comments.

YOUR RIGHTS

You have certain rights under the law. In South Africa these include:

  1. That any products you order through this site will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on this Site.
  2. Certain remedies if a product is defective and
  3. A right to cancel any order for a product within seven working days commencing on the day after the date on which you receive it, and receive a full refund even if it is not defective.

Nothing in the Terms and Conditions is intended to affect these rights. For more information about your rights refer to the section South African Consumer Protection Act and Electronic Communications and Transactions Act on this website.

ELECTRONIC COMMUNICATIONS

When you visit Oznium.co.za or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

REGISTRATION / ACCOUNT

When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately via our website. We may also change registration requirements from time to time.

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You must notify Oznium immediately of any breach of security or unauthorized use of your account.

Oznium and its affiliated partner reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Please refer to our Privacy Policy for information about how we use your data.

ELIGIBILITY TO PURCHASE

In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the billing information provided.

The Site is available only to individuals and others who meet the Oznium terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to Oznium, whose applications are acceptable to Oznium and who have authorized Oznium to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase. Oznium reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.

By making an offer to purchase merchandise you expressly authorize Oznium and/or its payment gateway partner to perform credit checks and where Oznium and/or its payment gateway partner feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorization and to authorize individual purchase transactions.

Furthermore, you agree that Oznium and/or its payment gateway partner may use personal information provided by you in order to conduct appropriate anti fraud checks. Personal information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.

Please refer to our Privacy Policy for further information about how we use your data.

ORDERS

All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers.

Oznium offers products for sale that are in stock and available for dispatch from our distribution center. In the event of your order exceeding the amount of items Oznium has currently in stock, all available items will be shipped immediately and all “not in stock” items will be shipped as soon as they arrive in our warehouse (BACK ORDER). On average all “out of stock” items will be shipped within 2 – 3 weeks after your order was placed.

Oznium will store a record of your transactions for a minimum of one year.

RISK OF LOSS

All items purchased from Oznium are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

PRICING POLICY

Prices shown on the Site are in South African Rand and are exclusive of VAT at the applicable rate.

Although every effort has been made to ensure that the prices and terms contained herein are accurate and current, at any time such prices and terms are subject to change, prior sale, selected lot premiums and/or predetermined options. Prices shown refer to the base product and do not include any optional features and/or accessories.

Product prices are set at the beginning of each season using existing currency exchange rates. These prices are subject to change if the applicable currency exchange rate changes before your order is accepted or the items are subject to markdowns at any time during the selling period.

All prices and offers remain valid as advertised from time to time. The South African Rand price of a product displayed on the Site at the time the order is accepted will be honored, except in cases of patent error.

Customers purchasing from outside of South Africa will be charged for the items purchased and shipping costs only. Import duty or tax costs will be invoiced to you directly from the courier company or an import broker appointed by you. We recommend you contact your local customs authority to determine a landed cost price prior to purchase completion.

If you are a customer whose credit/debit card or PayPal account are not denominated in Rand, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer / PayPal processes the transaction.

RENDERINGS AND OTHER INFORMATION

Photos and/or drawings of products may not represent all authentic colors and shapes. Oznium reserves the right to make changes to its products and to add more or fewer products to their range than currently displayed. Technical specifications are Oznium supplier guidelines and not guaranteed. Those specifications are approximate values and may vary depending on the standard measurement used.

ACCEPTANCE OF YOUR ORDER

Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.

Unless you cancel your order, acceptance of your order and completion of the contract between you and Oznium will be completed when we email you to confirm the goods have been dispatched. The sale contract is therefore concluded in Cape Town, South Africa and and the language of the contract is English.

We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the Terms and Conditions.

We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

PAYMENT

The Oznium brand in South Africa is owned and operated by Trading as Web Direct / USA Notebook (Pty) Ltd. All transactions on this website are processed using PayPal, secure online payment gateways that encrypts your card details in a secure host environment.

PAYPAL

Please login to your PayPal account or set one up if you don’t have one yet (via www.paypal.com). It’s super easy and straight forward, and a very convenient and safe way of transferring money online. Oznium’s PayPal address is paypal@oznium.co.za and all you need to do is send us the order amount via the PayPal system. If you order online and select PayPal as checkout payment option, we will redirect you automatically to PayPal for payment.

ELECTRONIC BANK TRANSFER (EFT)

Please make use of the following account:

First National Bank (FNB)

Long Street in Cape Town, branch code 201709

Account number – 62333008284

Payment ref. “your Oznium order reference number”

CASH ON DELIVERY

This option is only available to those who are approved to pay Oznium led-lights when you collect or Oznium delivers, alternatively, if you are not approved please use one of the above mentioned method of payment.

SOUTH AFRICAN CONSUMER PROTECTION ACT AND ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT

If you are based in South Africa under the South African Electronic Communications and Transactions Act, you have the right to cancel your order with us, provided you give us written notice within seven working days of receipt.

You must notify Oznium in writing of your wish to cancel the contract for your entire order under the South African Electronic Communications and Transactions Act within seven working days of receiving your items. Either contact us on our website or write to us at the registered address as published on the Contact page of this website.

We recommend that you insure the return shipment as you are under a duty to take reasonable care of the goods and will be liable for damage to them until we receive them at our warehouse. We also recommend that you use a secure, trackable means to return your order to us, and that you retain proof of sending, in case of a dispute.

Please note that you must cover the cost of the return shipment.

All items must be returned unused, in their original condition and from the address that the order was delivered to.

We will refund the full value of your order, excluding shipping costs, within 30 days of receiving your notice of contract cancellation. If we do not receive the cancelled order, we will arrange to have it collected from you at your cost.

Please note you may only use your right to cancel the order under the South African Electronic Communications and Transactions Act, if you give us formal written notice of cancellation within seven working days of receiving the order, as described above.

To ensure that your return is adequately protected in transit, we recommend you send your items back to us in the original packaging provided.

INTELLECTUAL PROPERTY

Your use of the Site and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content (as described in the Content section below), including Oznium software and all HTML and other code contained in this Site. All such Content including third party trademarks, national intellectual property and other laws and international treaty provisions protect designs and related intellectual property rights mentioned or displayed on this Site. You are permitted to use the Content only as expressly authorized by Oznium and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.

CONTENT

In addition to the Intellectual property rights mentioned above, “Content” is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. Oznium tries to ensure that the information on this site is accurate and complete. Oznium does not promise that Oznium’s Content is accurate or error-free. Oznium does not promise that the functional aspects of the Site or Oznium’s Content will be error free or that this Site, Oznium Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.

Opinions expressed on Oznium are the personal opinions of the authors and do not reflect the views of Oznium. By posting you agree to be solely responsible for the content of all information you contribute. You also grant to Oznium a right to use any content you provide for its own purposes including republication in any form or media. Comments may be moderated and may take up to 72h to be displayed but Oznium does not commit to checking all content and will not be liable for third party posts. If you have a complaint about any posts please contact us via our website. Oznium reserves the right at its sole discretion not to publish or to remove any comment including those that it believes may be unlawful, defamatory, racist or libelous, incite hatred or violence, detrimental to people, institutions, religions or to people’s privacy, which may cause harm to minors, is detrimental to the trade marks, patents and copyrighted content, contains personal data, improperly uses the medium for promoting and advertising businesses. This site is available to the public, information you consider confidential should not be posted to this site.

NO COMMERCIAL USE

This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.

YOUR ACTIVITY

You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the Terms and Conditions, we may deny you access to this Site on a temporary or permanent basis.

THIRD PARTY SITES

We may include hyperlinks on this Site to other websites or resources operated by parties other than Oznium, including advertisers. Oznium has not reviewed all of the sites linked to its website and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.

LIMITS ON OUR LIABILITY

Nothing in the Terms and conditions is intended to affect your rights under the law (see “Your Rights” above).

If Oznium breaches the Terms and Conditions we shall only be liable for losses, which are direct losses and a reasonably foreseeable consequence of such a breach. Losses are foreseeable where, for example, you and Oznium at the time of you placing your order, and Oznium dispatching your order could contemplate them.

We are not responsible for losses not caused by our breach or negligence, indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us (for example, loss of profits or loss of opportunity).

We are also not responsible for failure to meet any of our obligations under the Terms and Conditions where such failure is due to events beyond our reasonable control.

COMPENSATION

At our request, you agree to compensate us fully, defend us, and hold Oznium harmless immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the Terms and Conditions by you, including the use by any other persons accessing this Site using your Internet account caused by your action or inaction.

OUR RELATIONSHIP

You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and Oznium as a result of the Terms and Conditions or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of Oznium, and we shall not be liable for any representation, act, or omission on your part.

TRADEMARKS

“Oznium”, the Oznium logo and all other marks, logos and trade names appearing on this Site are trademarks of Oznium. Nothing contained on this Site should be construed as granting, by implication or otherwise, any license or right to use any of the trademarks displayed on this Site without the express prior written consent of Oznium and/or its affiliated partner. Your use of any of the trademarks displayed on the Site or in any of its contents is strictly prohibited. You may not copy, reproduce, publish, upload, post, transmit, distribute or modify any of the trademarks appearing on this Site. You further undertake not to infringe any right of Oznium and/or its affiliated partners or their licensees in respect of such trademarks. For the purpose hereof, the use of the trademarks on any other web Site or networked computer environment is prohibited. All rights not expressly granted are reserved.

LINKS FROM AND TO THIS WEBSITE

Oznium does not have responsibility and shall not be liable for the accuracy or availability of information provided by websites, which are linked to the Site via hypertext or other computer “links.” Links to external websites are provided merely as a convenience to users and do not constitute an endorsement by Oznium of such websites or the content, products, advertising, or other materials presented on such websites, including any changes or updates thereto.

DISCLAIMERS

Oznium and its affiliated partners assume no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the content on this Site.

While Oznium strives to keep content on this Site updated, accurate, and complete, Oznium and/or affiliated partners will not be responsible for any damage or loss related to the accuracy, completeness, or timeliness of the content.

The content provided on this Site is intended for informational purposes only and is not intended to constitute an offer or solicitation. Despite the efforts of Oznium to provide accurate information on this Site, it is not possible to ensure that all information is correct or up to date. Oznium assumes no responsibility or liability for any actions taken as a result of using this Site, or for errors or omissions in the content on this server.

THIS SITE AND THE CONTENT CONTAINED HEREIN ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, OZNIUM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, HABITABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. OZNIUM DOES NOT REPRESENT OR WARRANT THAT THE CONTENT CONTAINED IN THE SITE WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY, OR RELIABLE, OR THAT RECEIPT OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. OZNIUM DOES NOT UNDERTAKE TO CORRECT DEFECTS IN THE CONTENT, OR TO ENSURE THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

LIMITATION AND LIABILITY

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, OZNIUM SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE THE CONTENT IN THIS SITE, EVEN IF OZNIUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NO WAIVER

If you breach the Terms and Conditions and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the Terms and Conditions.

GENERAL TERMS

In using the Site you agree not to infect it with any computer programming (such as a virus) that may damage, interfere with, delay or intercept any data or information on the Site and you shall indemnify Oznium and/or its affiliated partners for any damage caused by any such act attributable to you. Oznium may suspend the Site or any part thereof or terminate your account at any time if Oznium should determine that you are not using the Site in compliance with this agreement or if Oznium believes the information provided by you is untrue, inaccurate or incomplete.

In any provision of this agreement is unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining terms.

This agreement constitutes the whole agreement between the parties relating to the subject matter hereof.

Any indulgence of extension of time granted by Oznium to you shall not be construed as a waiver or variation of any of our rights or remedies.

At the option of Oznium, any dispute arising out of the agreement may be brought in any Magistrates’ Court of competent jurisdiction notwithstanding that the amount in issue may exceed the jurisdiction of such court.

This Agreement is governed by the laws of the Republic of South Africa.

COPYRIGHT

Copyright © 2012 Oznium. All rights reserved.

The entire content included in this Site, is copyrighted as a collective work under the South African and other copyright laws, and is the property of Oznium. The collective work includes works that are licensed to Oznium.

The content is provided by Oznium as a service to the public and is to be used for personal informational purposes only. Any violation of the foregoing conditions or use will subject the user to the possibility of full prosecution under applicable law.

No content from this Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except that the user may display and, subject to any expressly stated restrictions or limitations relating to specific content, download or print portions of the content from the different areas of the Site solely for the user’s own non-commercial use, or towards making a purchase of a product. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this Site is strictly prohibited. The user further agrees not to change or delete any proprietary notices from content downloaded from the Site.

Oznium and its affiliated partners respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement contact us on our website.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, posted on this Site. These policies also govern your visit to Oznium. We reserve the right to make changes to our Site, policies, and these conditions of use at any time.