Terms and Conditions

About these terms

These are our Terms and conditions and you should read them carefully as they apply to your use of this website and any order you may make. We will request you to accept these Terms and Conditions during the registration and order process.


You will be bound by the details of the Terms and Conditions and the website information which was in place at the time of use of the website or when you placed your order.

Your access to and use of the Striking Energy website is subject exclusively to these Terms & Conditions.
You are not allowed to use this website for any purpose that is unlawful or prohibited by these Terms & Conditions.
By using this website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms & Conditions you must immediately stop using this website.

Striking Energy reserves the right change these Terms & Conditions at any time, and your continued use of the website following any changes shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine if the Terms and Conditions have been changed. If you do not agree to the changes you should not continue to use the website.

We will not be held liable for any loss of goodwill, any economic losses or any special or indirect losses suffered or incurred by that party arising out of or in connection with the Terms and Conditions.

You agree to indemnify and hold Striking Energy and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Striking Energy arising out of any breach by you of these Terms & Conditions or other liabilities arising out of your use of this website.

Nothing in these Terms & Conditions shall be construed so as to exclude or limit the liability of Striking Energy for death or personal injury as a result of the negligence of Striking Energy or that of its employees or agents.

If any of these Terms & Conditions should be determined to be invalid, illegal or unenforceable to any extent for any reason by any court of competent jurisdiction then such Term or Condition shall be severed from the remaining terms and the remaining Terms & Conditions shall survive and remain in full force and effect and continue to be binding and enforceable to the fullest extent permitted by law.

If you do not comply with these conditions of sale and we take no action in respect of that non-compliance, our right to take action in the same or a similar situation in the future will not be affected.

Using this website
The website is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

To the extent permitted by law, Striking Energy will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the website.

Striking Energy makes no warranty that the functionality of the website will be uninterrupted. We reserve the right, from time to time, to restrict access to the website to allow essential maintenance or upload new services and/or improvements although we ensure that any interruptions are kept to a minimum.

We make no warranty that this website will be error free or that defects will be corrected. The user acknowledges that information, products and services published on this web site may include inaccuracies and typological errors.
We shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on the website. To the extent permitted by applicable law, Striking Energy disclaims all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this website. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.
We make no warranty that the website or the server that makes it available are free of viruses or anything else which may be harmful or destructive. We shall not be liable to any person for loss or damage which may arise to computer equipment as a result of using this website.

It pains us to say this but, as much as we like to help you out in your purchasing decisions, the opinions expressed on this website are purely those of the website content providers and nothing on the Striking Energy website should be taken to constitute final advice. Just to be clear, nothing that is written on this site should be relied upon in making, or refraining from making, any decision.

Striking Energy reserves the right to change or remove (temporarily or permanently) the website or any part of it, including services or policies, without notice and at our discretion and you confirm that Striking Energy shall not be liable to you for any such change or removal.

ou must not use the website in any way which will cause or is likely to cause the website to be impaired, damaged or interrupted in any way.
Striking Energy reserves the right to refuse access to the website.

Links to third party websites
Striking Energy website may include links to third party websites that are controlled and maintained by others. We do not monitor these other websites and we have no control over their content, privacy policies or services. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites and that we do not accept any liability from your use of these other websites.

Copyright
All copyright, trademarks and all other intellectual property rights in the website and its content (including without limitation the website design, text, graphics and all software and source codes connected with the website) are owned by or licensed to Striking Energy or otherwise used by Striking Energy as permitted by law.
In accessing the website you agree that you will access the content solely for your personal, or business use. You may not link or frame the website or any part of it without our express permission. None of the content may be downloaded, copied, reproduced, published, transmitted, stored, sold or distributed without the prior written consent of Striking Energy. This excludes the downloading, copying and/or printing of pages of the website for personal, non-commercial use only.


Registration and account details
When you register with us you must guarantee that all of the information which you provide is true, accurate and up to date.
You must not impersonate any other person or entity or use a false name or a name, which you do not have authority to use.
If any of the information provided subsequently changes you must inform us immediately.
You are wholly responsible for the confidentiality and maintenance of your password and personal account details and any activities that occur under your account. It is important that you keep your personal details and password confidential and secure. If you have any reason to suspect that your password has become known to someone else, has been or is likely to be used without your authorisation you should contact us immediately.
Striking Energy shall not be liable to any person for loss or damage which may arise as a result of any failure by you to protect your account details or password.

Our products
Our products are sold subject to their product description and any supporting information such as size, colour and estimated delivery dates. We reserve the right to refuse orders where the product information, price or product promotion has been incorrectly published.

We do make every effort to ensure all of the product information is correct at the time when we upload the product information to the website. However, the information may not be completely accurate at the time that you place an order. When placing an order you must confirm the details of the product before purchasing.

We take all reasonable care to portray our products accurately but pictures are for reference only. Please be aware that the reproduction of colours is dependent on the settings and calibration of your computer monitor or device's screen and they will vary from device to device and from screen to screen. We therefore cannot guarantee that the colours shown will accurately represent the colour of the goods you receive.

If you purchase the same goods at different times or in more than one order, we cannot guarantee that the goods we supply will come from the same batch and be an exact colour match with each other.

All measurements quoted on this site must be taken to be approximate. If dimensions are important to you, especially in regard to larger items that you need to fit specific a space, please ensure that you contact us to obtain precise dimensions.

All products are subject to availability. We will inform you by email as soon as possible if goods you have ordered are not available. If for any reason beyond our control we are unable to supply any products then you will be offered a full refund or, if available and acceptable to you, substitute items of equivalent price.

All our products comply with appropriate safety and consumer regulations. If a product is recalled for any reason, you will be contacted by email.
To get the most out of your purchases you should take care to follow any care instructions supplied. The items we sell must only be used for their intended purpose.

Warranty
Our products carry the following warranties

Heater bodies - 5 year from invoice date
Electronics - 1 year from invoice date
Lamps and elements - No warranty

We will replace any products under warranty should our investigation result in a warranty claim.  It is the customer responsibility to deliver faulty products to any of our branches / agents.

Samples and Demo products
Sample and demo units, if required, will be provided without commercial value. These items remain the property of Striking Energy. Damage to any of the demo or sample units while under the usage or on the property will be the liability of the respective user or client. By accepting and or operating a sample or demo unit the receiver acknowledge accountability for the units.

Prices
Prices are as set out on this website. It may, from time to time, be necessary to change prices either up or down. We reserve the right to alter prices at any time without prior notice. Any price changes will be confirmed to you when you make an order.
You must pay in full for the goods (including any applicable delivery charges) at the time of placing your order. Ownership in the goods we supply to you will not pass until we have received all sums due and payable by you for or in connection with the goods, including (where applicable) delivery charges.
We manufacture and resell and do not install any of our products. None of the pricing includes installation.
Currency used is South African RAND
Method of payment to be arranged by mutual agreement from the following options, among those:
EFT, Credit , Direct payment in cash, Fee of bank transfer is borne by the sender, not the beneficiary.

Placing an order
When you place an order to purchase a product your order represents an offer to us to purchase a product. A contract is only formed when you receive a copy of your email order confirmation. Any products on the same order that we have not confirmed as accepted in your order confirmation do not form part of the contract.
Striking Energy reserves the right to cancel orders, at no cost to you.

Changes to orders
Once you have received confirmation of your order, changes to your order, including the arrangements for delivery or collection, can only be made by contacting us via email or phone. Changes made to your order after the original confirmation may change the delivery date of your order. We will give you an indication of a new estimated delivery date once we have confirmed the changes to your order.

Cancellation of orders
Where goods are defective or not as described – then please see ‘QUALITY’ clause below and nothing in this section limits your rights where goods are defective or not as described.
You have the right to cancel your order if you wish within 7 working days of the day after the date the product is delivered to you, if the products are still in their boxes and not installed or used.
Delivery charges will be refunded in full unless we have delivered or attempted to deliver the goods before you cancel in which case they will not be refunded.
Your refund will be processed as soon as possible and in any event within no more than 30 days of the day you have given us notice of cancellation.
Cancellation must be by the person who placed the order. If you cancel by telephone, we will need to be satisfied that you are the person who placed the order.
Delivery Information
Please note that the estimated delivery times are only estimates and cannot be guaranteed.
Delivery is only available within South Africa. When ordering from outside South Africa you must arrange your own deliveries.


Delays in Delivery
Occasionally the delivery of your goods may be delayed by circumstances outside our control. If for any reason we are unable to deliver the goods or to have them ready for collection within the original approximate timeframe then we will notify you of the delay and new timeframe as soon as possible. If you cannot wait for the goods, you must let us have notice of cancellation from the person who placed the order within 7 calendar days of you receiving notification about the delay. If we receive your notice of cancellation as set out above within such 7 day period, then we will let you have a full refund. However, Striking Energy cannot accept any liability for any losses you incur (including loss of earnings) or for compensation for perceived inconvenience that may be suffered due to any delay.

Arrival of Goods
On delivery of your products, you will be asked to sign for the goods and to inspect the goods that have been delivered to ensure you accept them. For this reason you should be present at delivery yourself. However, if you do ask someone else to take delivery for you, then you must make sure that they are aware of what they need to do.
Any delivery note, invoice or waybill signed by the Customer or a third party engaged to transport the goods and held by the Company shall be conclusive proof that delivery was made.

Quality
Please notify us of obvious defects that are apparent on first inspection of the goods, such as missing parts or damage, within 7 days of delivery and additionally, wherever possible, by describing the defects on the ‘proof of delivery’ document you are asked to sign. For other defects, please notify us as soon as you discover those defects and at the latest within 7 days of delivery.
You agree that we (or our appointed agents) may examine and test any goods that are claimed to be defective to establish whether those defects are our responsibility. Where we need to send the goods away for examination and testing, then you will permit us (or our agents) to collect the goods from you for that purpose.
Where defective goods are exchanged, you must allow us to collect the defective goods from you. Please also note that you may have to wait for replacement goods that are non-stock items or are made-to-order.
Where it cannot otherwise be established that we supplied any goods that are claimed to be defective, then we may require you to produce proof of purchase.
When we are satisfied that the goods are faulty you will be offered a replacement or full refund of the original purchase price. Nothing in this section affects your statutory rights as a consumer.

Returns
If you are unhappy with a product for any reason then you must let us know within 7 working days of the day after the date the product is delivered to you. You must also return it to us within 14 days in perfect condition, in its original packaging and with proof of purchase.
Until the goods are returned to us, you are responsible if the goods are lost, damaged or destroyed. You have a legal obligation to take reasonable care of the goods while they are in your possession. If you fail to comply with this obligation we may have a right of action against you for compensation.
Please note that used goods can only be returned or exchanged if faulty.
You will be responsible for the cost of returning the goods to us, and will remain responsible for any and all returned goods until they reach us.
We can make arrangements for the goods to be collected from you. Please note this will incur a lead-time. Our courier company will contact you directly to book this in with you.
If you fail to make the goods available to us for collection within 14 days of cancellation then you will be deemed to have re-ordered the goods at the price you originally paid for them.

Refunds
To obtain a refund the goods must be in the same condition in which you received them and you must make the goods available to us for collection. The original packaging must be unopened and undamaged in a resalable condition.
If you do so we will be happy to refund the original price of the item or send you an exchange. This does not affect your statutory rights.
If you fail to do so we reserve the right to refuse the refund or deduct a charge which will be no more than 30% of the price of the goods from your refund as we will not be able to sell those goods on at full price.
We will only make a refund using the same method of payment originally used by you to pay for your purchase.
Where the goods were delivered to a third party and you are unable to return them to us, you may not be entitled to a refund.
We regret that postage, packing and insurance incurred in the delivery of the goods to you are direct costs and cannot be refunded.
Credit can be used against your next order, both online and with telephone orders.

Contact with us
All communications will be in the English or Afrikaans language.
No advice can be given about, electrics, architecture, fittings or any similar professions so if you need advice you should obtain it from a qualified expert at your own risk.
None of our staff are authorised to advise on whether any goods are suitable for any unusual purpose. If you intend to use the goods for any unusual purpose, then you must make up your own mind about whether the goods are suitable or take advice from a third party.

Liability disclaimer
Striking Energy’s total liability for any claim howsoever shall not exceed the price of the goods supplied by us to the customer.
We shall not be liable for any consequential loss whether this arises from a breach of duty in contract or in any other way, save where such liability is imposed upon us by statute.
We cannot accept any liability for a failure to comply with instructions specifically stated on this website.
We will not be responsible for any delay in complying or failure to comply with our obligations under these conditions of sale if that delay or failure is due to any circumstances outside our reasonable control including without limitation fire, flood, acts of terrorism or where we are let down by a supplier.
These conditions of sale are in addition to, and do not affect, your statutory rights as a consumer. They are the only terms and conditions that are applicable to your order.
You may not transfer your rights under the contract between us to any third party without our prior written consent.

Jurisdiction
These Terms and Conditions this website, its content and any contract brought into being as a result of using this site are governed by and construed in accordance with English Law and you hereby submit to the exclusive jurisdiction of the courts of England and Wales.

Legal identity
Striking Energy is the trading name of Escape Tegnologie . We own the following domain names: striking.co.za, strikingenergy.com and strikingenergy.co.za.

The site is owned and operated by Escape Tegnology trading as Striking Energy, registered in South Africa, company registration number CC 1996/020372/23.

Our registered office is at Portion 69, Farm Klipkop Pretoria. Please do not send returns to this address.
For any further information please email info@striking.co.za
© 2015 Striking Energy