SWITCH

Terms & Conditions

1.Introduction

1.1       We, The Alternative Power (Pty) Ltd (“The Alternative Power”) is the owner of this website.  These website Terms and Conditions, which include any Policies on The Alternative Power’s website (“we”, “us” and “our”), apply to the ordering, sale and delivery of goods and services, access to the information and use of this Website by Customers (“you”, or “your”).  The Alternative Power offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

1.2       By using and accessing this website and/or purchasing something from us, you engage in our “Service” and agree to be bound by and agree to the following terms and conditions (“Terms and Conditions”, “Terms”, “Terms of Service”), including any additional terms and conditions and policies referenced herein and/or available by hyperlink, and which we may change without notice from time to time. These Terms and Conditions apply to all users of the website, including without any limitation users who are browsers, vendors, customers, merchants and/or contributors of any content. Should you not agree to any of the Terms and Conditions you should not continue to use the website and may not access the website or use any services.  Should these terms be considered an offer, acceptance is expressly limited to these Terms of Services.

1.3       These Terms and Conditions are important and should be carefully noted as they contain provisions which, within the limits of the Consumer Protection Act, may limit The Alternative Power or its liability, create risk or liability for you as a consumer, may compel you to indemnify The Alternative Power and serves as an acknowledgement by you of any fact.

1.4       When placing an online order, a user profile shall be created, which will serve as consent to and acceptance of our Terms and Conditions, services, and Privacy Policy.

1.5       We may amend these Terms and Conditions at any time and any new features or tools which are added to the current store or website, shall also be subject to the Terms and Conditions and the most updated version shall apply at the processing time.  The Alternative Power shall take the necessary steps to ensure the accuracy of the content and information on the website, however The Alternative Power does not make any representations and/or warranties that the content and information shall always be true and correct and free from any errors, whatsoever.  You agree that it is your responsibility to ensure that you monitor changes on and to our website.

1.6        A breach or violation of any of the Terms and Conditions will result in an immediate termination of our services and we reserve our rights to refuse service to anyone for any reason at any time.

1.7        Should you not understand any of the contents of these Terms and Conditions, you are advised to The Alternative Power to assist with further explanation of the Terms and Conditions before accepting them.

1.9        You are not allowed to use this website and/or portion thereof for any other purpose other than for the services offered and intended by The Alternative Power.  You are further not allowed to use this website, content and/or any portion thereof for the purposes of your own business, unless you are expressly and in writing by us, licenced thereto.  You are further not allowed to use this website to distribute and/or redistribute any material which is unlawful, defamatory, misleading, illegal, damaging data, violate any third party’s rights, discriminate, spam, obscene or immoral purposes, interfere or bring our business into disrepute.

2. PURCHASES AND STOCK AVAILABILITY

2.1       You will be required to provide certain information, in order to purchase products and/or merchandise that are displayed on our website, which may include your personal information. Please refer to our Privacy Policy on our website to view how we process and use your personal information.          

2.2       The use of our website confirms your understanding and acceptance of these Terms and Conditions, and you will be bound by these Terms and Conditions during all transactions relating to the purchase of products and/or merchandise from our website.

2.3       Prices displayed on our website are subject to change without any prior notice. Prices will include taxes, where this is required by specific country legislation. You agree to payment of the prices shown for the products selected.

2.4       Orders placed may be declined or cancelled in the event of products and/or merchandise being out of stock, damaged products, incorrect product information, incorrectly displayed prices, and due to payment for products not being received or payments not being authorized by Switch Energy.  In these circumstances, if an order has been cancelled where a credit card has been the method of payment the amount will automatically be refunded back to the credit card.

2.5       We will make every effort to display the colours, images and designs of our products and/or merchandise that appear on the website and/or online store, as accurately as possible.

2.6       We do not guarantee nor warrant that the colours, quality and design of the products and/or merchandise, services, material or information will meet your expectations and that any oversights will be corrected.

2.7       We will notify you as soon as we are in a position to do so, if any items ordered are not available due to no stock availability and/or back orders. Your order remains valid as an offer until we have accepted your order, unless expressly stating that we accept your order by e-mail, letter, fax or other communication of your order by us, purely for information purposes and same does not constitute the acceptance of the order. Delivery of such order also constitutes the acceptance of the order.

2.8       By placing an order with The Alternative Power, you are confirming that you are of legal capacity to enter into a contract and an agreement with The Alternative Power, which warrants you of the age of 18 years or older and/or have full legal capacity to transact and to enter into this agreement and/or contract.  Should you be under the age of 18 years or not legally permitted to enter into an agreement and/or contract as such, you may only use and transact on the website under supervision and with your legal guardian’s supervision.

2.9       The Alternative Power may hold you liable for any loss or losses suffered, arising out of your misuse and/or abuse of the website or the commission of cybercrime committed by you as the consumer in relation to this website.

2.10     Consumers as contemplated in the Consumer Protection Act 68 of 2008 of South Africa (“CPA”), and which provisions must be noted by yourself and that, may limit The Alternative Power risk or liability and/or may create risk or liability for you as the user and/or impose an obligation on the user to indemnify The Alternative Power and/or constitutes an acknowledgement of any fact by the user.

2.11     We are not obligated, however we reserve our right, to limit sales and/or quantities of our products and/or merchandise, to any person or entity and have the sole discretion upon decision thereof.

2.12     We reserve the right to refuse any order you placed with The Alternative Power.  We may ask for further information and further proof of entitlement to make use of the card or any other form of payment, that you used to purchase the products and/or merchandise, before releasing the products and/or merchandise.

2.13     You agree that it is your responsibility to furnish us with the accurate, complete and current account information for all purchases made and that it is your responsibility to ensure that all details you have supplied are correct.  You agree that any costs which may arise from your inaccuracy, shall be for your account.  We will not be held liable for any incorrect or false information.

2.14     Should you realize that you made a mistake, please contact refunds@drinkswitch.co.za immediately in order to rectify same, however we cannot guarantee that such will be corrected to your order in accordance with your instructions.

2.15     If fraud is suspected, we reserve our right to contact the SAPS and relevant banking authority immediately.

2.16     Generally we attempt to refund any monies received from you, by using the same method you made use of in making payment towards your order.

2.17     The Alternative Power reserves its rights to adjust or to discontinue the services or website or any part or content hereof, without any notice to anyone at any time and shall not be liable to you or to a third party for any adjustments or discontinuance.

3. PAYMENT OPTIONS

3.1       Payment is subject at all times to The Alternative Power’s agreements with its bankers and the outsourced financial transactions service provider.

3.2       You may make payment for your online orders and delivery costs using several payment options. We subscribe to high security and encryption standards allowing all customers to shop with peace of mind. We have taken all reasonable security measures to ensure that payment and card details, as well as related confidential information, cannot be accessed by anyone who is not authorized to do so.

3.3       When placing your order, and proving the required personal details, including your payment card details, you warrant that you are authorised to make payment with the payment card and that there are enough funds available to pay for your order. Once you have selected your payment method, you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.

3.4       At the time or ordering, you shall pay for the product and/or merchandise in full, by supplying us with your credit or debit card details by a company which is acceptable to us, alternatively you may pay by any method acceptable in terms of the Terms and Conditions, and we shall not be bound to deliver and/or supply before we have received the cleared funds in full. 

3.5       Physical vouchers purchased in store are not redeemable online and may only be redeemed in store.

3.6       Bank deposit or Manual EFT, Instant EFT, Debit Card, Credit Card, MoreTyme, Snap Scan, Mobicred, Zapper and/or any payment option allowed on the website and/or online shop, are payment options to be used for placing your order of products and/or merchandise.

3.7       We regret that we do not accept cheques.

3.8       Once your payment has been received and confirmed, release of funds, you will be issued with acknowledgement of payment and the delivery process will then commence.

4. RISK AND OWNERSHIP

4.1       Once the Order has been delivered or collected by you, the risk in and to the products and/or merchandise will pass to you as the Customer.

4.2       Should you not be able to accept delivery at the address you furnished on the date of order or delivery could not take place by your fault, all risk and ownership will be passed to you, from the time delivery should have taken place and from then The Alternative Power shall no longer be liable for any loss or damage to the product and/or merchandise.

5. DELIVERY OF GOODS

5.1       We wish to deliver the product and/or merchandise to you at a place of delivery requested by during checkout on the website, with the following methods of delivery being offered once your order has been accepted :

            5.1.1    via courier to an address in the Republic of South Africa;

            5.1.2    to any stockist in the Republic of South Africa.

5.2       Delivery charges shall be charged should you wish your products and/or merchandise to be delivered via courier, which shall be for your account.

5.3       You agree that you shall furnish us with the accurate and full details of the address which the order should be delivered to.  Should it not be fully accurate and resulting in the order not being delivered, the costs shall be for your account.

5.4       The estimated delivery time is calculated from when we have received payment for your order.  Should we not be able to deliver within the estimated delivery time, we shall inform you of same, but we shall not be liable to you for any losses, liabilities, expenses, costs and or charges which may arise out of late delivery.

5.5       The Alternative Power shall take no responsibility for any delay in delivering the product and/or merchandise of any courier services and delivery deadlines, theft or damage of any parcels. You should contact the courier service and same should be submitted to the courier service.

5.6       The Alternative Power will attempt to deliver the order to you within 7 days.

5.7       You agree to take delivery of your order personally or at your own risk you may assign a third party to take delivery of your order on your behalf. The Alternative Power shall not take responsibility in such arrangement.

5.8       The delivery fee is subject to change from time to time.

5.9       Should your order be re-delivered, you will be liable for the costs and such shall be passed to you. 

5.10     It might not be possible to deliver to some locations and if this is the case, we will inform you of same using the contact details provided to us by you on the website on the day of your order, and we shall either arrange for cancellation of the order, or alternatively, to deliver to an alternative address.

5.11     Once the product and/or merchandise has been delivered to you, you are solely liable for any damage to the product and/or merchandise. You should take care when opening your order and not use sharp objects.

5.12     Please inspect your order, products and/or merchandise upon delivery, before signing for such.  Upon signature of the delivery and acceptance thereof, you are agreeing to the satisfactory condition thereof.

 

REFUND & RETURN POLICY

6.1       We wish you to be fully satisfied with your purchase. Should you not be completely satisfied, you may return the product and/or merchandise to us and we will either repair or replace the item or credit your account, subject to the terms below. This policy applies to products bought from The Alternative Power.  The Alternative Power will generally allow products and/or merchandise to be returned or exchanged within 30 days of purchase.

6.2       Unwanted Products:

6.2.1    In general, you can return an unwanted product and/or item to us at no charge, provided that: 

• it is undamaged and unused, with the original labels, stickers and tickets still attached; 
• it is in the original packaging, which must be undamaged and in its original condition with all seals still intact (if applicable);
• the item has not been worn;
• it is not missing any accessories or parts;
• delivery note is retained as proof of purchase;
• promotional gift also to be returned if sold with the original merchandise.

6.3       We will collect the product from you at no charge. Our courier is entitled to refuse collection of a product that is not properly packaged for transport and/or courier.  

6.4       Once we have inspected the product and/or merchandise and validated your return, we will credit your account with the purchase price of the product within 8 days of the return or alternatively replace the product.  Please bear in mind that refunds can take 5 – 10 working days to reflect in your account. We are entitled to refuse a return if the unwanted product is returned damaged, not in a re-saleable condition, missing any accessories,  without original labels and/or stickers and/or tickets and/or item has been worn.

Want to exchange?

6.5       Fashion and footwear products can be exchanged for a different size provided that such variation is available, and is available at the same price as the product originally purchased. In such a case, we will collect the product from you and deliver the requested product to you at no charge. If such variation is not immediately available, we will credit your account with the purchase price of the product or alternatively refund you if that is your preference, within 8 days of you logging the return. 

6.6       We reserve the right to inspect the product to validate your return.

Not what you ordered?

6.7       If we accidentally deliver the incorrect product to you or if the product is not as described on the website or if it is missing any accessories, please notify us and we will collect the product from you at no charge. Once we have inspected the product and validated your return, we will, at your choice, deliver the correct product to you as soon as possible, if the correct product is available; or credit your account with the purchase price of the product within 8 days of the return (or refund you if that is your preference). 

Products damaged on delivery

6.8       Should a product be damaged at the time of delivery/collection, please notify us of such delivery/collection by emailing refunds@drinkswitch.co.za.

6.9       We will arrange to collect the product from you at no charge. Once we have inspected the product and validated your return, we will, at your choice, repair/replace the product as soon as possible (if such repair / replacement is possible) or credit your account with the purchase price of the product or alternatively refund you if that is your preference. Credits and refunds are normally handled within 8 days of logging the return.  Please note that refunds can take 5-10 working days to reflect in your account. Repairs and replacements could take longer, depending on parts/replacement availability.

 Defective products

6.10     We do our best to ensure that the products we deliver to you are of a high quality and without defects. 

6.11     A defect is a material imperfection in the manufacture of a product or any characteristic of a product, which makes the product less acceptable than one would reasonably be entitled to expect in the circumstances.

6.12     The following will NOT be regarded as defects and will not entitle you to a return under this section: 

• faults resulting from normal wear and tear;
• damage arising from negligence, user abuse or incorrect usage of the product;
• damage arising from electrical surges or sea air corrosion;
• damage arising from a failure to adequately care for the product;
• damage arising from unauthorised alterations to the product; and
• where the specifications of a product, although accurately described on the Website and generally fit for its intended purpose, do not suit you.

Standard Warranty

6.13     If you have received a product which turns out to be defective, please notify us as soon as reasonably possible after you become aware of the defect, but in any event within 6 months after delivery of the product.

6.14     Products and/or merchandise with material and/or manufacturing faults will be credited or exchanged if such products and/or merchandise is returned within six months from date of taking delivery of your order.  The products and/or merchandise must have been used for the intended purpose and cared for in accordance with the instructions on the washcare label.

6.15     You can do so by logging a return on the Website, and we will arrange to collect the product from you at no charge. Once we have inspected the product and validated your return, we will, at your choice, repair or replace the product, if such repair or replacement is possible, or credit your account with the purchase price of the product or alternatively refund you if that is your preference. Credits and refunds are normally handled within 8 days of logging the return.  Please note that refunds can take 5-10 working days to reflect in your account. Repairs and replacements could take longer, depending on parts or replacement availability.

6.16     Please provide suitable packaging for returning the product, it need not be the original packaging, as well as all accessories that were sold with the defective item when you return it to us – regardless of whether you request a repair or replacement or a refund. Our courier is entitled to refuse collection of a product that is not properly packaged for transport. Promotional gifts should also be returned at the same time.

6.17     You can do so by logging a return on the website, and we will facilitate your return of the product to the supplier at no charge. Unfortunately, we cannot facilitate returns that fall outside of the extended supplier warranty period. 

Charges

6.18     If you return a defective product and/or merchandise to us, but you fail to return all of the accessories that were sold with that product, we are entitled (subject to applicable law) to refuse the return, only to replace the item that you did return, or to estimate the value of the missing accessories and only to credit or refund you in respect of the returned item.

6.19     If you return items to us by mistake and you want these returned to you, you may be liable to reimburse The Alternative Power for the cost of having the product returned to you.

6.20     If you return a product that does not comply with this policy, you may be liable to reimburse The Alternative Power for the cost of collecting the product from you and the cost of having the product returned to you. 

6.21     No refunds will be made on delivery fees.

7. COUPON CODES, VOUCHERS AND PROMOTIONS TERMS AND CONDITIONS

7.1       There are two types of Coupons: a Coupon with a fixed amount of a discount, for example R100 off (“Fixed Coupon”), and a Coupon with a percentage discount, for example 10% off (“Percentage Coupon”).

7.2       Where you have used a Fixed Coupon to pay for an order, and you or The Alternative Power later cancels your order (or part thereof) prior to delivery of the relevant product(s) and/or merchandise, or you log a return of one or more products and/or merchandise for a credit in accordance with this Policy and Terms and Conditions, the value of the Fixed Coupon will be deducted from the purchase price of the cancelled or returned product(s) (as applicable), and we will credit your account for the balance, if any. We will also provide you with a replacement Fixed Coupon of the same value as the original Fixed Coupon used. The Alternative Power may in its sole discretion impose restrictions on the use of the replacement Fixed Coupon. For any subsequent cancellations or returns arising out of the same order, we will credit your account as normal with the value of the returned product.

7.3       Should you have used a Voucher to purchase a product, whereafter you at a later stage return same for a refund in accordance with this Policy, we cannot refund you in cash for that portion of the purchase price which you paid using the Voucher, however we will credit your account.

7.4       The Alternative Power coupon codes and/or promotions may be used against or towards your payment for your product and/or merchandise.

7.5       You agree that it is your sole responsibility to ensure that the promotion code or coupon code have been entered correctly and that the promotion code and/or coupon code have been applied to your checkout cart.

7.6       You agree that only one coupon code or promotion code may be used per order.  Should the value of the promotion code or coupon code be greater than the total amount in your cart per order, you shall forfeit the remainder of the value of the promotion code or the coupon code.

7.7       You agree that no cash returns shall be made on any coupon codes and/or promotion codes of The Alternative power. You will only be refunded for the actual amount paid by yourself and not the coupon or promotion amount, which shall also apply in circumstances with refunds and/or cancellations.

7.8       The coupon code and/or promotion code will only apply before or at checkout and cannot and will not be applied after the order has been placed. Please ensure that same has been applied at checkout or your order.

7.9       Coupon codes and Promotion codes shall only be allowed for the time periods as indicated on the coupons and no extensions shall be allowed thereafter.

8. SECURITY

8.1       The Alternative Power reserves its right to prosecute and claim civil damages against any person or entity who attempts to gain any unauthorised access to the website and/or delivers or attempts any code of a destructive nature to this website should The Alternative power suffer any damages.

8.2       You may not use this website or any of our products for any illegal or unauthorised purposes and/or use.

8.3       The Alternative Power does not guarantee absolute security to you and to any of your information you communicate and/or submit and/or transmit to us or which is communicated to you or to any other person. 

8.4       The Alternative Power shall attempt to ensure that all payment information furnished and communicated to us, is suitably protected

9. OTHER SUBMISSIONS

9.1       You agree that we may at any time and without any restrictions, distribute, edit, publish, copy, translate and use any suggestions, plans, ideas, or proposals that you send to us, whether sent at our request to us or without any request by us. We are not obligated to respond to any plans, ideas, suggestions or proposals nor to compensate you for any.

11. COPYRIGHT AND TRADEMARK

11.1     The Alternative Power’s trade names, marks, words, symbols, designs, logos or other, are our property and you may not use it and/or them, without our written permission and all other trademarks remain their respective owners’ property.

11.2     You are not allowed to copy any portion of this website or change or redistribute this website without our written permission.

12. FORCE MAJEURE

12.1     The Alternative Power shall be allowed a reasonable extension of time for performance of its obligations, should any delay be caused by circumstances beyond its control and shall not be held liable for any delay in its performance.

 

13. LIABILITY AND INDEMNITY

13.1     You indemnify us, The Alternative Power (including all its owners, directors, representatives, employees, partners, suppliers, service providers, and/or agents) against each and any loss, liability and cost, including reasonable legal expenses, that we may suffer or incur as a result of or in connection with any claim against us that results, in whole or in part, from a breach by you of your obligations under these Terms and Conditions or use of any of the service, products and/or merchandise or any other claim related to use of the service, products and/or merchandise.

13.2     You agree that you use this website, services, products and/or merchandise at your own risk and that they are provided to you ‘as is’ and we warrant no guarantees, warranties, or conditions either express or implied, including all implied warranties or conditions of merchantability, quality, durability and title.

13.3     You agree that The Alternative Power shall not be liable, under any circumstances, for any claims arising out of any order in an amount which exceeds the amount received from you in respect of such order.

14. SEVERABILITY

14.1     Should any clause or provision of the Terms and Conditions be found or determined to be invalid or unenforceable in any way, such provision shall be deemed to be enforceable to the fullest extent possible by applicable law, and the unenforceable provision be separate and divisible from the remaining Terms and Conditions, which shall not be affected.

15. COMPLAINTS AND DISPUTES

15.1     We aim to provide you with quality services, products and/or merchandise.  If at any time, you feel that you have cause to complain, please contact our Customer Care Centre at refund@drinkswitch.co.za.  We kindly request you to provide us with the following information:

            15.1.1  Full names, physical address, contact details and e-mail address;

15.1.2  Description and the issue of the product, service or transaction of your complaint;

            15.1.3  Statement you are making this complaint in good faith;

15.1.4 Statement wherein you confirm that your complaint and the information thereof is to the best of your knowledge true and correct.

15.2     We aim to resolve disputes timeously and request you to inform The Alternative Power in writing should any dispute arise, to attempt to resolve such dispute arising out of or relating to this agreement, by negotiations.  Should negotiations fail to resolve such dispute, the parties may mediate such dispute.  Should mediation fail to resolve such dispute, the parties may arbitrate such dispute.

 

16. CONSUMER GOODS AND SERVICES OMBUD

If we don’t resolve your complaint within 15 days, you are entitled to approach the Consumer Goods and Services Ombud.

Call: 086 000 0272

Website: www.cgso.org.za

E-mail: complaints@cgso.org.za

17. CONTACT DETAILS

The Alternative Power (Pty) Ltd

Building A, 2^nd Floor, Monte Circle

178 Montecasino Blvd

Magaliessig

Johannesburg

2191

Telephone: +27 11 656 0588

E-mail: info@drinkswitch.co.za