Terms and Conditions

This Agreement was last modified on 18 February 2016.

GENERAL TERMS AND CONDITIONS
1. INTRODUCTION
1.1 The website https://ulistproducts.com(“the Website“) and is made available by ULIST PTY LTD (“ULIST”), with registration number 2015/037323/07, a private company according to the Laws of the Republic of South Africa and having its registered address at Ground Floor, Liesbeek House, River Park, Gloucester Road, Mowbray, Cape Town, 7700 (“ULIST”).1.2 The Website enables you, the user (“users” or “you”), to access the Website and shop online and purchase an extensive range of products. ULIST permits the use of the Website subject to its Terms and Conditions set out herein. By using the Website in any manner, including but not limiting to accessing it or registering as a user or by clicking on the “My Account” button,you –1.3.1 acknowledge that that the Terms and Conditions have been read, understood and accepted;1.3.2 acknowledge that you are bound by such Terms and Conditions and same ate enforceable.

1.4 Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.

2. AGREEMENT OF SALE

2.1 An agreement of sale between you and ULIST will come into effect and deemed to be concluded-

(a) upon completion of and submitting of an online order for one or more products and placing same in the shopping basket; and
(b) making payment and payment is authorised or received by ULIST in its banking account.

2.2 Please note that in the event of the purchase of any television, the above will be subject to the condition that ULIST is furnished with your valid TV licence number and a copy of your identity document. If your TV licence number cannot be validated within 3 working days after us having notified you about a validation problem and giving you an opportunity to correct same or we do not receive a copy of your identity document within 5 working days after order placement, the sale will lapse and we will refund you the purchase price.

2.3 By adding any product to your wish list or placing it in a shopping basket without finalising the purchase cycle will not bring into effect an agreement of sale.

2.4 By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.

3. PRODUCTS, AVAILABILITY OF PRODUCTS, PRICING AND PAYMENT

Availability of the stock of all products on offer is limited. Whilst ULIST will take all reasonable efforts to monitor stock, it cannot guarantee the availability thereof. All reasonable steps will be taken to ensure that when stock is no longer available, that offers thereof are discontinued. ULIST will only be liable for delivery of the products subject to its availability at the time. In the event of ULIST being unable to fulfill any order placed by you at the advertised price due to stock being sold out, ULIST will notify you and you will be entitled to a refund of the amount paid to you. In this regard, please see our Refund and Return Policy.ULIST may at its sole discretion remove any product from the shopping basket or wish list prior to an agreement of sale being concluded if stock becomes unavailable. In such event you cannot hold Everest liable if such product is not available when the purchase cycle is completed at a later stage.

ULIST does endeavor to describe and set out the description of each product and its pricing on its Website correctly. However, some descriptions, photographs, pricing or information may be of a generic nature and not specific to the particular product you wish to purchase. If you are dissatisfied with the product you have received, you are entitled to return the product to ULIST and be refunded in full within 30 days of delivery of the product. Kindly see our Refund and Return Policy which sets out the grounds and exceptions for refunds and returns.

The display of each price of the product is displayed with the product. Where there is a sale or special offer, the discounted price is displayed.

VALUE ADDED TAX (“VAT”): VAT at the rate of 14% is charged on goods bought by South African residents. ULIST’s TAX registration number is 9241492199.

DELIVERY CHARGES : Delivery charges differ depending on a variety of factors. Please see our “FAQ Section for all Shipping and Delivery”.

Errors in pricing: All reasonable efforts to accurately indicate prices and delivery charges will be taken. However, should products be erroneously offered at incorrect prices and/or delivery charges, Everest will not be obliged to sell products at such incorrect prices and/or delivery charges. Monies paid will be refunded should you not wish to proceed with the purchase at the correct price and/or delivery charge. Kindly see our Refund and Return Policy in this regard.

4. PAYMENT METHODS

ULIST is committed to providing secure online payment facilities.Payment can be made for purchases via debit card, credit card and electronic fund transfer (“EFT”). Please see our FAQ: What are my payment options.
ULIST utilizes the services of PayFast and PayFast is a compliant payment service provider and upon payment method being selected, you will be requested to accept PayFast’s terms and conditions.

5. DELIVERY OF PRODUCTS

Delivery charges vary in accordance with the destination and weight of the products ordered, which includes any wrapping and/or packaging. You will be furnished with a confirmation email of the delivery charges and requested to accept same.Please see details of the charges relating to delivery under FAQ’s: Shipping and Delivery as well as the costs thereof.

ULIST will deliver your products to your home or office or other specified address elected by you.Your products will be delivered by a courier service between 09h00 to 16h00 on a Monday to a Friday, unless another date and time is requested for delivery outside these hours. Please refer to our Order Tracking for status update on the delivery of your products.

Delivery periods are only regarded as having commenced upon payment confirmation being received by ULIST. Please see Free Shipping for specified time periods of delivery within stipulated areas. Delivery periods are calculated based on business days only. Saturdays, Sundays and public holidays are not taken into account in calculating delivery periods. This means that if you order something over the weekend, the delivery period will only start running on the next business day.If products with different delivery times are ordered together, the product with the longest delivery time will determine the delivery time of all the products in the order. ULIST makes every endeavour to ensure that the information supplied on the Website is accurate. Where delays and out of stock situations occur, every reasonable effort will be made to inform you thereof.

6. CANCELLATION OF ORDER AND TERMINATION OF SALES

You are entitled, save for certain exceptions and subject to certain charges to cancel any sale concluded on the Website within 30 DAYS after receipt of the products and to obtain a refund. You are also entitled to cancel a sale where delivery is delayed beyond the stipulated delivery date, or where none is specified, beyond 30 days from the order date. Kindly refer to the Return and Refund Policy in this regard.

In order to prevent inter alia suspected fraud, ULIST reserves its rights to refuse to accept or process any payment on any order and/or to cancel any sale concluded in whole or in part, on notice to you and shall be liable to refund to you only the amount already paid by you. Please refer to our Return and Refund Policy. ULIST shall not be held liable as a result of such refusal.

7. RETURNS, REFUNDS, DEFECTS AND GUARANTEES

In the event that you are not satisfied with any product purchased on the Website as a result of a defect or incorrect choice of the product or other reason which may be applicable, you may in certain circumstances be entitled to either a refund or entitled to have the product replaced or repaired. Our Return and Refund Policy sets out in which instances you will be entitled to same and under which circumstances as well as the applicable time periods. Please read our Return and Refund Policy which form part of these Terms and Conditions and is incorporated herein.

8. PRIVACY AND SECURITY

We respect your privacy and will take all reasonable measures to protect it, as more fully detailed below. Everest will not use your personal information for any purpose other than in relation to the sale and delivery of the products and to contact you regarding current or new products or services and to inform you of new features, special offers and promotional competitions (provided you have consented to receiving such marketing material). The manner in which we use your information is regulated as more fully set out in our Privacy Policy. The privacy Policy is hereby incorporated into these Terms and Conditions and your continued use of this Website constitutes acceptance of all Terms and Conditions and the Privacy Policy.

We have taken the best measures on the market to ensure that the Website is safe and secure.

9. DISCLAIMER

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.

Save for ULIST being –

(i) liable to you in terms of the Consumer Protection Act 68 of 2008 (“CPA”) in relation to any products sold by it to you via the Website; and

(ii) liable to you in terms of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act (“ECT”) in relation to ULIST’s payment systems not being sufficiently secure;

neither ULIST nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this Website or the services or content provided from and through this Website.

ULIST makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this Website are free from errors or omissions or that the service will be 100% uninterrupted and error free. You are encouraged to report any possible malfunctions and errors to info@ulistproducts.com

While the products sold via the Website may be under warranty, the Website itself is supplied on an “as is” basis and has not been compiled or supplied to meet your individual requirements. It is your sole responsibility to satisfy yourself prior to accepting these Terms and Conditions that the service available from and through this Website will meet your individual requirements and be compatible with your hardware and/or software.

Information, ideas and opinions expressed on this Website should not be regarded as professional advice or he official opinion of Everest and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Website.

This Website may contain links or references to other websites (“Third Party Websites“) outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites. Your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon

10. CHANGES TO AGREEMENT

From time to time, ULIST may be entitled, in its sole discretion, to amend or vary these Terms and Conditions, either in whole or in part, at any time on notice to you. It is your responsibility to ensure that you are satisfied with the amendments. Should you not be satisfied with the amendments, you must refrain from placing any further orders on, or from using in any way, the Website.

11. DURATION AND TERMINATION

These Terms and Conditions shall deemed to commence from the date on which they are published on the Website and continue indefinitely, as amended by ULIST from time to time (as described above), for so long as the Website exists and is operational. ULIST shall be entitled to terminate the said Terms and Conditions and/or shut down the Website at any time (subject to still processing any orders then already placed and accepted by ULIST).

12. SALES RECORDS

A full record of every sale and related transaction between you and ULIST and/or a Third Party Seller shall be maintained on the Website for a period of 12 months following the date of such sale or related transaction. You shall thus only be able to view and print such record during such period, where after, you shall be responsible for retaining your own record of the relevant sale or related transaction.

13. GOVERNING LAW AND JURISDICTION

This Website is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African Law. Subject to the ‘Disputes’ clause of these terms and conditions, you and ULIST submit to the nonexclusive jurisdiction of the South African courts.

14. DISPUTES

Save for urgent or interim relief which may be granted by a competent court, you and Everest agree that in the event of any dispute of any nature whatsoever arising between you and ULIST on any matter provided for in, or arising out of these Terms and Conditions and is not able of being resolved through the Customer Relations Department of ULIST, such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. The expedited arbitration rules may be viewed and/or downloaded from http://www.arbitration.co.za/downloads/expedited_rules.pdf.

In the event of any dispute arising between yourself and a Third Party Seller, ULIST is not your, or any Third Party Seller’s agent and will not act as either of your agent in connection with resolving any disputes between the two of you.

15. ADDRESS FOR NOTICES

ULIST, chooses as its address, whether in respect of court process, notice, or other documents or communication of whatsoever nature, the following address: Ground Floor, Liesbeek House, River Park, Gloucester Road, Mowbray, Cape Town, 7700, South Africa, with a copy to info@ulistproducts.com(the sending of such copy being required in order for any notice to be validly delivered to ULIST).

16. COPYRIGHT & OTHER INTELLECTUAL PROPERTY RIGHTS

The Website Content is the property of the Company, its advertisers and/or sponsors and/or is licensed to the Company and all copyright subsisting in the Website, including these Terms and Conditions, vests in ULIST and all rights not expressly granted are reserved. You will not acquire any right, title or interest in or to the Website or the Website Content. Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorized in terms of these Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any Website Content contact +27 021 633 4778 or e-mail info@ulistproducts.com.ULIST cannot screen or edit all the content available from the Website and does not accept any liability for illegal, defamatory or obscene content. You are encouraged to inform ULIST of any content that may be offensive or illegal.

17. IMPORTANT

It is your responsibility to ensure that you understand the Terms and Conditions contained herein. In the event that you do not understand the Terms and Conditions or need clarification, it is your responsibility to request the Company to explain it to you before you accept the Terms and Conditions or continue using the Website.

The ECT Act provides that states that when goods/products or services are offered by way of certain electronic transactions, the seller of such goods/products or services must make certain information about it available to customers on websites where the goods or services/products are offered. The information of Everest are as follows –

Full name :ULIST PTY LTD with registration number 2015/037323/07
Main business: Online retailer. Phone number: 27 21 633 4778
Physical address for receipt of legal service (also postal and street address): Ground Floor, Liesbeek House, River Park, Gloucester Road, Mowbray, Cape Town, 7700
Website: www.ulistproducts.com
Official email address: info@ulistproducts.com
Code of Conduct: Not applicable
18 GENERAL
(i) You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
(II) Any failure on the part of you or the Company to enforce any right in terms hereof shall not constitute a waiver of that right.
(iii) If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
(iv) No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
(v) No indulgence, extension of time, relaxation or latitude which any party (“the grantor“) may show grant or allow to the other (“the grantee“) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
(vi) These Terms and Conditions contain the whole agreement between you and the Company and no other warranty or undertaking is valid, unless contained in this document between the parties.
Notarised By Attorneys For ULIST Products.

Changes To This Agreement

We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms and Conditions.

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