Terms & Conditions

The content and services available on the site are subject to the following terms of Use (“Terms”). By accessing or using the site, you acknowledge that you have read, understand and agree, without limitation or qualification, to be bound by these Terms, which include our privacy policy.

Overview

1. This website can be accessed at localroots.africa, related mobi-sites and software applications (the “Website”) and is owned and operated by Local Roots Africa (“Local Roots Africa”, “we”, “us” and “our”).
2. These Website Terms and Conditions (“Terms and Conditions”) regulate the ordering, sale and delivery of all our products, and the use of the Website.
3. The Terms and Conditions are binding and enforceable against any natural and or juristic person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By registering as a user and accessing the Website as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
4. The Website enables you to shop online for an extensive range of electric solutions and services.

User Registration

1. Only registered users will have access to order on the website.
2. To register as a Local Roots Africa website user, you must provide us with your email address, a unique username and password. You will need to use your unique username and password to make any purchases on the website.
3. You agree and warrant that your username and password shall be used only for personal use and shall not be disclosed by you to a third-party.
4. For security purposes you agree to enter the correct username and password when placing an order, failing which you will be denied access.
5. You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.
6. You agree to notify us immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
7. By accessing our website, you warrant that you are 18 (eighteen) years of age or older and of full legal capacity.

Orders and availability of stock

1. Users may place orders for products which we may accept or reject. The acceptance or rejection of the order will depend on the availability of stock, correctness of the information relating to the products (including without limitation the price) and receipt of payment or payment authorisation by us.
2. Prior to delivery or your collection of the products, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery, you may return the products only in accordance with the Returns and Refund Policy (as set out in clause 7 below).
3. Placing products in the shopping basket without completing the purchase cycle does not constitute an order for such products, and as such, the selected products may be removed from the shopping basket if stock is no longer available, or the price thereof might change without notice to you. You cannot hold Local Roots Africa Solutionsliable if such products are not available or are not available at the same price when you complete or attempt to complete the purchase cycle at a later stage.
4. You acknowledge that stock of all products on offer is limited, and that pricing may change at any time without notice to you. In the case of products for sale by us, we 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 website. However, we cannot guarantee the availability of stock. When products are no longer available after you have placed an order, Local Roots Africa will notify you and you will be entitled to a refund of any amount already paid by you for such products.
5. Our products may not be purchased for re-sale. Should we suspect that any such Goods are being purchased for sale, we are entitled to cancel your order immediately on notice to you.

Contracting

1. After placing an order online, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.

Consumer Rights

1. If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our returns and refunds policy (as set out in clause 7below).
2. To cancel a Contract, you must inform us in writing. You must also return the Products to us within 10 business days at your risk and expense. You have a legal obligation to take reasonable care of the Products 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.

Payment

1. We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
2. Payment may be made for products via the following methods (depending on its availability and/or your eligibility to use such a method)
3. Debit card; where payment is made by debit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation, your order for the products will be cancelled. You warrant that you are fully authorised to use the debit card supplied for purposes of paying for the products. You also warrant that your debit card has sufficient available funds to cover all the costs incurred as a result of the services used on the website;
4. Credit card: where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Goods will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying for the products. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the website;
5. Direct bank deposit or electronic funds transfer: if you pay via direct bank deposit or electronic funds transfer, payment must be made within 5 (five) days of placing your order. We will not accept your order if payment has not been received;
6. Instant EFT.
7. Once you have selected your payment method (save for cash on delivery or direct bank deposit), you will be directed to a link to a secure site for payment of the applicable purchase price for the products.

Returns and Refund Policy

1. If you return a Product to us:
  1. because you have cancelled the Contract between us within the seven-day cooling-off period, we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you gave notice of cancellation. In this case, we will refund the price of the product in full, excluding any applicable delivery charges. However, you are responsible for the cost of returning the item to us.
  2. or because you consider that the product is defective, we will examine the returned product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day, we confirmed to you via e-mail that you were entitled to a refund. We will refund the price of a defective Product in full, and any applicable delivery charges incurred.
  3. We will refund any money received from you via checkout using the same method originally used by you to pay for your purchase.

Warranty

1. We warrant to you that any product purchased from us through our site will, on delivery, conform with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.

Written communications

1. Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

Notices

1. All notices given by you to us must be given orders@localroots.africa. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 9 above. Notice will be deemed received and properly served immediately when posted on our website and or 24 hours after an e-mail is sent. In proving the service of any notice, it will be sufficient to prove, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

Transfer of rights and obligations

1. The contract between you and us is binding on you and us and on our respective successors and assignees.
2. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
3. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
4. It is at our discretion to renew monthly subscriptions.

Events outside our control

1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
3. Strikes, lockouts or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
4. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disasters;
5. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
6. Impossibility of the use of public or private telecommunications networks; and
7. The acts, decrees, legislation, regulations or restrictions of any government.
8. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

Waiver

1. If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
2. A waiver by us of any default will not constitute a waiver of any subsequent default.
3. No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 9 above.

Severability

1. If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

Entire agreement

1. These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
2. We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions, or the documents referred to in them.
3. Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
4. Nothing in this clause limits or excludes any liability for fraud.

Disclaimer

1. The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
2. Whilst Local Roots Africa takes reasonable measures to ensure that the content of the Website is accurate and complete, we make no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by our representatives, we shall not be bound thereby.
3. Local Roots Africa claims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.
4. Although products sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
5. Any views or statements made or expressed on the Website are not necessarily the views of Local Roots Africa, its directors, employees and/or agents.
6. In addition to the disclaimers contained elsewhere in these Terms and Conditions, Local Roots Africa also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which can corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Local Roots Africa, its employees, agents or authorised representatives. Local Roots Africa thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.

Changes to the terms

1. We may revise these Terms at any time, by posting the revised version on the Site, although we are not undertaking or promising to do so. Your use of the Site after a revision will constitute your acceptance of the revised terms and the revisions will apply to you after the “last updated” date, which is posted at the top of this page. Therefore, you should check these Terms occasionally in the event that they have changed. We assume no responsibility to you if you fail to check for revisions to our Terms and we do not assume any liability if you take any action or refrain to take any action without first checking these Terms. No change or alteration in these rules shall be deemed in any instance or instances to be an admission that there is or ever was anything wrong with these rules.

Law and jurisdiction

1. Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by South African law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of South Africa.