HTTP://WWW.UNITECHBATTERY.COM TERMS AND CONDITIONS

Updated 01/07/2006

1. Description

1.1 http://www.unitechbattery.com is an internet based shop (and trading name of Avanti Marketing International cc) dealing in batteries and charger products.

2. ELECTRONIC COMMUNICATIONS

2.1 When a user visits the site http://www.unitechbattery.com or sends e-mails to http://www.unitechbattery.com , that user consents to receiving communications from http://www.unitechbattery.com electronically or telephonically.

3. COPYRIGHT

3.1 All rights not expressly granted are reserved. To obtain permissions for the commercial use of any content on this site contact Martin Wagstaff at ++27 (0)82 417 1754 or e-mail wagstaffm@telkomsa.net

3.2 Users may download, view and print content from this site for private and non-commercial purposes only.

3.3 All moral rights of http://www.unitechbattery.com and its employees/agents are reserved.

3.4 Shoppers are encouraged to inform of http://www.unitechbattery.com of any content that may be offensive or illegal.

4. INTELLECTUAL PROPERTY RIGHTS

4.1 All the content, trademarks and data on this web site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to of http://www.unitechbattery.com and as such are protected from infringement by local and international legislation and treaties.

5. HYPERLINKS

5.1 No person, business or web site may link to any page on this site without the prior written permission of http://www.unitechbattery.com .

5.2 Hyperlinks provided on this site to non- http://www.unitechbattery.com sites, are provided as is and http://www.unitechbattery.com does not necessarily agree with, edit or sponsor the content on such web pages or necessarily agree with opinions expressed on such sites.

6. FRAMING

6.1 No person, business or web site may frame this site or any of the pages on this site in any way whatsoever.

7. SPIDERS AND CRAWLERS

7.1 No person, business or web site may use any technology to search and gain any information from this site.

8. COSTS

8.1 PRICES:
8.1.1 The price of each product is displayed with the product. In the event of a sale or special offer, the discounted price is displayed.

8.2. SHIPPING COSTS:
8.2.1 The cost of shipping within the borders of South Africa is determined as follows:
8.2.2 If the value of the goods in the order is more than R300,00 and the items weigh less than 5Kg, there is no shipping charge
8.2.3 If the value of the goods in the order is less than R300,00 and the items weigh less than 5Kg, the cost is R40.00 for a domestic (within the boarders of South Africa) delivery.
8.2.4 For domestic orders heavier than 5Kg, a charge of R10.00 may be levied per additional 2Kg's

8.3 International deliveries: The cost of delivery outside the borders of South Africa is totally dependant on weight (volumetric and actual are taken into consideration) and additional charges will be notified to the shipper in writing before delivery is made.

8.4 VALUE ADDED TAX:
8.4.1 Value added tax is not charged for at this stage. (Registration for VAT will only be made once annual turnover meets the required value stipulated by SARS)

8.5 IMPORT DUTIES: (for export shipments only)
8.5.1 Import duties may be payable by recipients of goods in foreign countries. http://www.unitechbattery.com does not know what levies may be payable and cannot calculate or estimate such costs.

9. Collection of goods by user/shopper

9.1 Goods may be collected directly by the shopper by prior arrangement only and will be subject to a set date and time.

9.2 Delivery charges will be credited in the case of client collection.

10. DELIVERIES

10.1 Inside the borders of South Africa
10.1.1 Subject to confirmation of payment, a 15 working day average can be expected on all deliveries. This is a guide only and the shopper will be notified via email of any delays of more than 20 working days.
10.1.1.1 Deliveries are all subject to stock availability.
10.1.2 Shoppers will be notified via email once shipment has been handed over to courier for delivery.

10.2 Outside the borders of South Africa
10.2.1 All international deliveries will be handled and charged on a shipment specific basis and the shopper will be notified via email of expected transit times.

10.3 Delays and cancellations
10.3.1 http://www.unitechbattery.com makes every effort to assure that the information supplied on the site is accurate. Where delays and out of stock situations occur, every effort will be made to inform the buyer.
10.3.2 In the event of an item being out of stock for un unforeseeable time (extending beyond the average 15 working day delivery period) the buyer will be contacted by http://www.unitechbattery.com via phone or email to discuss further options such as similar products or full refund for that specific item.
10.3.3 Any orders canceled by the shopper within 5 working days of placing such order, will be subject to a 10% administration fee
10.3.4 Orders canceled by the shopper after 5 working days of placing the order, will we subject to a 20% administration fee.

11. PAYMENT METHODS

11.1 Bank deposit payments.
11.1.1 If the buyer selects the 'pay via bank deposit' button, instructions will be given on how to deposit monies into the http://www.unitechbattery.com bank account and would it be subject to the following rules:
11.1.2 The exact amount must be paid
11.1.3 The payment must be identified by supplying the order number and surname in the reference section of the deposit slip or on the electronic transfer.
11.1.4 No transfers must be made from ATM's
11.1.5 Cheque deposits are subject to a clearing period.
11.1.6 No bank deposits are accepted from outside the borders of South Africa.
11.1.7 Unpaid bank deposit orders are cancelled after ten business days.

11.3 http://www.unitechbattery.com takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.

12. RESTRICTIONS ON SALES

12.1 Age restrictions on the use of any products:
12.1.1 The onus is on the purchaser to assure that these restrictions are observed.

12.2 Legality
12.2.1 The onus is on the purchaser to insure that all products purchased are legal to hold and use within the laws governing the state/country in which they reside.

13. AGREEMENTS OF SALE

13.1 Placing an item in a shopping basket without completing the purchase cycle does not:
13.1.1 constitute an agreement of sale between http://www.unitechbattery.com and users cannot hold http://www.unitechbattery.com liable if such items are not available when the purchase cycle is completed later; and/or
13.1.2 constitute an order for such an item

13.2 An agreement of sale between http://www.unitechbattery.com and a user only comes into effect if and when:
13.2.1 A credit card authorisation is received from the issuing bank; and funds are reflected on the bank statement of http://www.unitechbattery.com or
13.2.2 A deposit of an electronic transfer is reflected on http://www.unitechbattery.com's bank statement (and only if such payment is received within 10 (ten) business days after completion of the purchase cycle)

13.3 http://www.unitechbattery.com reserves the right to refuse to accept and/or execute an order without giving any reasons. http://www.unitechbattery.com also reserves the right to cancel orders in whole or in part as circumstances dictate. http://www.unitechbattery.com shall only be liable to refund monies already paid by the user.

13.4 http://www.unitechbattery.com shall take all reasonable efforts to maintain correct prices. However, should errors occur and items are offered at incorrect prices, http://www.unitechbattery.com will not be obliged to sell goods at such incorrect prices and shall only be liable to refund monies paid.

14. STOCK AVAILABILITY

14.1 Stocks of all goods on offer are limited. http://www.unitechbattery.com shall take all reasonable efforts to discontinue the offer as soon as stock is no longer available. However, should items still be offered after stocks are sold, http://www.unitechbattery.com shall only be liable to refund monies where it is unable to fulfill orders at advertised prices.

15. SPECIAL OFFERS

15.1 http://www.unitechbattery.com shall not be liable for the sale of items at lower prices if such prices were increased and users and/or purchasers could not, for any reason whatsoever, conclude an agreement of sale while such prices remained lower.

15.2 If http://www.unitechbattery.com supplies the wrong product or if the product is in any way faulty or damaged, http://www.unitechbattery.com will exchange it for the correct one. However, if the product is no longer being offered at the special price, it might not be replaced and http://www.unitechbattery.com will refund the purchase price including delivery costs.

16. Guarantee and refunds

16.1 If http://www.unitechbattery.com supply the wrong product or if the product is in any way damaged or faulty as a result of a manufacturing defect, http://www.unitechbattery.com will exchange it for the correct one within 14 days of receipt by the customer pending written notice having been received by the shopper within 10 days of receipt of such faulty goods, http://www.unitechbattery.com will make a reasonable effort to exchange the product, but if replacement is not possible, will refund the purchase price including delivery cost.

16.2 NB: Goods are not guaranteed against faults resulting from normal wear and tear or obvious misuse.

16.3 Special offers: If http://www.unitechbattery.com supplies the wrong product or if the product is in any way faulty or damaged, http://www.unitechbattery.com will exchange it for the correct one. However, if the product is no longer being offered at the special price, it might not be replaced and we will refund the buyer's purchase price including delivery costs.

16.4 Refunds policy
16.4.1 Only goods that are in mint condition (including the packaging) that are returned to http://www.unitechbattery.com within 10 days of delivery will be accepted for refund. The decision of whether the said goods are in acceptable condition (as outlined above) rests solely at the discretion of management of http://www.unitechbattery.com
16.4.2 A 15% handling fee will be imposed on all returned goods.
16.4.3 The delivery fee portion of the charges will not be refunded.
16.4.4 http://www.unitechbattery.com will only settle refunds by means of EFT (electronic funds transfer) unless by prior arrangement between shopper and management. http://www.unitechbattery.com has the right to withhold refund payment for up to 10 days from the date of return of goods.

17. GOVERNING LAW

17.1 This site is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law.

18. PRIVACY

18.1 http://www.unitechbattery.com shall take all reasonable steps to protect the personal information of Users. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/html/govdocs/legislation/2000/act2.pdf

18.2 http://www.unitechbattery.com may electronically collect, store and use personal information voluntarily given by the user.
18.2.1 No information stored will be passed on to a third party voluntarily.
18.2.2 http://www.unitechbattery.com collects, stores and uses the abovementioned information for marketing purposes only relating to websites managed by Avanti Marketing International cc

1. To notify the user of special offers (Subject to consent)
2. To notify the user of additional products that may be added to the site from time to time (Subject to consent)
3. to verify the identity of the User when transacting with http://www.unitechbattery.com
4. to ensure that the goods are received by the addressee

18.3 The User may elect not to receive any communications from http://www.unitechbattery.com other than that which specifically relates to an order placed (by that user) or in response to communication received from that user either electronically or telephonically.

18.4 http://www.unitechbattery.com may compile, use and share any information that does not relate to any specific individual.

18.5 http://www.unitechbattery.com owns and retains all rights to non-personal statistical information collected and compiled by http://www.unitechbattery.com

19. SECURITY

19.1 Any person that delivers or attempts to deliver any damaging code to this web site or attempts to gain unauthorised access to any page on this web site shall be prosecuted and civil damages shall be claimed in the event that http://www.unitechbattery.com suffers any damage or loss.

19.2 The user allows http://www.unitechbattery.com to take all reasonable steps to ensure the integrity and security of http://www.unitechbattery.com and back-office applications.

20. CHANGES TO AGREEMENT

20.1 http://www.unitechbattery.com may, in its sole discretion, change this agreement or any part thereof at any time without notice.

21. DISPUTES

21.1 In the event of any dispute of any nature whatsoever arising between the parties on any matter provided for in, or arising out of this agreement, and not resolved through the Customer Relations Department of http://www.unitechbattery.com, then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. Arbitration proceedings shall be conducted in Johannesburg (in English)

22. DOMICILIUM

22.1 http://www.unitechbattery.com chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, Unit 85 The Image 2; Dann Road; Glen Marais; Kempton Park; South Africa.

23. TERM AND TERMINATION

23.1 This agreement shall commence when the user enters the http://www.unitechbattery.com site and continues indefinitely until terminated by http://www.unitechbattery.com for any reason.

24. DISCLAIMER

24.1 Apart from the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, neither http://www.unitechbattery.com 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 web site or the services or content provided from and through this web site. Furthermore, http://www.unitechbattery.com makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this web site are free from errors or omissions or that the service will be 100% uninterrupted and error free. Users are encouraged to report any possible malfunctions and errors to the site owner: wagstaffm@telkomsa.net

24.2 This web site is supplied on an "as is" basis and has not been compiled or supplied to meet the user's individual requirements. It is the sole responsibility of the user to satisfy itself prior to entering into this agreement with http://www.unitechbattery.com that the service available from and through this web site will meet the user's individual requirements and be compatible with the user's hardware and/or software.

24.3 Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of http://www.unitechbattery.com and users are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this site.

24.4 Neither http://www.unitechbattery.com 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 any product sold on this web site.

25. GENERAL INFORMATION

25.1 http://www.unitechbattery.com is a division of Avanti Marketing International cc

Member: Martin Wagstaff
Support contact details: wagstaffm@telkomsa.net
Tel: ++27 (0) 11 917 5595 Fax: ++27 (0) 11 917 5594