Terms & Conditions

1. INTRODUCTION

   1. These Online Terms and Conditions (T&Cs), which include any Policies on Salvagente Pty LTD’s website, apply to the ordering, sale and delivery of Products, access to the information and use of this Website by Customers.
   2. By using this Website, the Customer is bound by and agree to these T&Cs, which we may change without notice from time to time. If the Customer does not agree to any of the T&Cs the Customer should not continue to use the Website.
   3. When placing an online order, a user profile will be created for which will serve as consent to and acceptance of our products’ Terms and Conditions, these T&Cs and Privacy Policy.
   4. Use of our website confirms your understanding and acceptance of these Terms and Conditions, and the Customer will be bound by Salvagente’s Terms and Conditions, these T&Cs and Privacy Policy during all transactions relating to the purchase of Products from our website.

2. DEFINITIONS

   1. “Customer” means the party who purchases the Products from Salvagente or who registers with a user profile on our website.
   2. “CPA” means the Consumer Protection Act, 68 of 2008.
   3. “Contract” means any contract or agreement arising out of the acceptance of any offer, whether that contract arises out of an offer made by Salvagente and accepted by the Customer, or an offer made by the Customer and accepted by Salvagente and includes the terms and conditions of any agreement between the parties regarding installation, if applicable.
   4. “Products” means the products sold to the Customer by Salvagente which form the subject matter of the Contract.

3. COMPANY CONTACT DETAILS:

                   Our Company’s details are as follows:

1. 1. Salvagente Pty LTD, trading as Salvagente, a company registered in the Republic of South Africa (Reg. No 2007/023919/07), with its registered office for legal service of documents at Menlyn Maine, Pegasus Building 1, 210 Amarand Avenue, Waterkloof Glen ext 2, Pretoria, South Africa, 0181

2. USE OF THE WEBSITE

   1. The following activities on or through the Website are expressly prohibited: 
      1. any non-personal or commercial use of any robot, spider, other automatic device or technology, or manual process to monitor or copy portions of the Website or the content contained thereon; and
      2. the collection or use of any listings, descriptions, and/or price lists from the Website for the benefit of a competing merchant that supplies products comparable to those offered on the Website; and
      3. any use or action that imposes an unreasonable or disproportionately large load of traffic on the Website, or otherwise interferes with the proper and timely functioning of the Website.
      4. any attempt to gain unauthorised access to the Website or its related systems or networks.
      5. accessing the Website for purposes of monitoring its availability, performance, or functionality, or for any other benchmarking or competitive purpose; and
      6. the reverse engineering or decompiling of the Website.
   2. When a Customer registers on the Website, they will be required to provide certain access details, including a username and a password. Customers are responsible for maintaining the confidentiality and security of your Username and Password for access to the Website and accept full liability for all activities that occur on or involves the Website under a Customers Username. Customers may not: 
      1. allow other people to use their Username and Password; or
      2. impersonate another User or any third party; or
      3. provide false information to gain access to the Website.
   3. Customers warrant their identity (in other words, that they are who they say they are).
   4. Although reasonable steps have been taken to ensure the accuracy and completeness of the contents, data and information on this Website, there may be instances where such information proves inaccurate or incomplete. Customers should take all reasonable steps to ensure and verify the accuracy of the contents, data and information obtained from this Website, especially if certain information appears to be inaccurate, particularly product pricing and promotional content.

5. QUOTATIONS

   1. Quotations submitted by Salvagente will, unless otherwise stated therein, be capable of acceptance to bring into existence a contract, within a period of 7 (seven) days from the date of the relevant quotation, where after it will be subject to withdrawal and/or alteration by Salvagente.
   2. Salvagente’s distributed publications are maintained as sources of general information and are not binding in any way.
   3. All prices quoted exclude VAT, charges for installation of the Products, insurance, surcharge, and delivery, unless otherwise stated therein.
   4. Notwithstanding clause 5.1 above and clause 5.5 below, quoted prices in respect of Products may be increased by Salvagente at any time, prior to delivery, in the event of – 
      1. a change in the Customer’s order,
      2. where the Products are imported, in the event of an escalation in any importation costs, including without limiting the generality of the foregoing, the foreign exchange rate, raw materials and costs of carriage,
   5. Where quoted prices specifically include installation charges, such charges may be increased at any time prior to commencement of installation, due to an increase in labour charges, transportation, equipment, or insurance costs or due to a revision or variation by the Customer of the installation project.
   6. An increase in quoted prices will be communicated to the Customer within a reasonable period from the time that Salvagente becomes aware of the increase.

6. ACCEPTANCE OF CONTRACT

   1. A contract shall come into existence when the Customer provides Salvagente with written notice of its acceptance of any quotation given by Salvagente, within 7 (seven) days or before the quotation expires if indicated, or when any online or other order for the Products is placed by a Customer.
   2. The Customer’s order or acceptance of a quote is binding on the Customer and in the event that the Customer cancels the order or accepted quote, Salvagente may charge the Customer a 20% cancellation and handling fee on the total order amount.
   3. The cancellation fee will be deducted from any deposit made or become payable immediately if no deposit was paid.
   4. Notwithstanding what is contained in clause 6.2, the Customer may not cancel an order or accepted quote where that quote or order relates to Products that Salvagente has been expressly or implicitly required or expected to procure, create, or alter specifically to satisfy the Customer’s requirements.
   5. The Customer acknowledges that it is aware that Salvagente’s salespersons have no authority to vary these terms or conditions of sale and Salvagente assumes no liability and shall not be bound by any statements, warranties or representations made by such salespersons save as expressly stated in writing and signed by a manager or director of Salvagente, duly authorised.
   6. The Customer may only cancel a contract if agreed thereto by Salvagente in writing and upon payment of reasonable charges based upon expenses already incurred and commitments made by Salvagente.

7. PURCHASE PRICE & PAYMENT

   1. The purchase price of the Products shall be paid to Salvagente in full and without set-off upon presentation of Salvagente’s tax invoice relating thereto.
   2. Should the Customer fail to make any payment on due date then all amounts owing by the Customer to Salvagente from whatsoever cause, whether or not the date for payment has arrived, will immediately become due and payable by the Customer and the Customer shall immediately forfeit all discounts of whatsoever nature which may have been expressly granted to it by Salvagente.
   3. Unless otherwise agreed in writing, any amount not paid on due date shall bear interest at a rate of 2% (two percent) above the publicly quoted basic rate of interest, compounded monthly in arrears and calculated on a 365 day year, from time to time published by Standard Bank as being its prime overdraft rate, as certified by any representative of that bank whose appointment and designation it will not be necessary to prove, from due date until date of payment, both days included.
   4. In the event that a Customer is a foreign person/company and a fluctuation of more than 3% (three percent) occurs in the rate of exchange between the South African Rand and the currency applicable to the foreign Customer in any period of 30 (thirty) days, Salvagente shall have the right but not the obligation to increase the purchase price of the Products proportional to any such fluctuation, upon 7 (seven) days’ written notice to the Customer.
   5. Payments will be made in the currency as agreed between Salvagente and the Customer and to the designated Bank which account name will reflect Salvagente.
      Please note: Goods will not be dispatched until full payment has been received by Salvagente.

8. PURCHASES AND STOCK AVAILABILITY

   1. Prices displayed on the website are subject to change without notice. Prices will include tax, where this is required by specific country legislation.
   2. Orders placed may be declined or cancelled in the event of Products 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 Salvagente.
   3. Salvagente holds stock of some items but other items we order from suppliers. We start processing your order once we have received payment.
   4. For internet transfers and credit cards, we can only proceed with the order once the money reflects in our account.
   5. We will order the item(s) where applicable as soon as payment is confirmed and ship the item(s) as soon as stock is available.
   6. Should an order be placed for an item which we do not have in stock, we will order the stock from our suppliers. Should our suppliers not be able to confirm a date within three (3) weeks from the time of the order for delivery, we will inform you accordingly.
   7. Notwithstanding prior delivery and the passing of risk, ownership of and title to the Products shall remain vested in Salvagente until the purchase price, and any other amounts owing to Salvagente in respect of the Products or the installation thereof (if applicable), have been paid in full and without set- off, on which date ownership of the Products will be deemed to be transferred to the Customer.

9. DELIVERY AND RETURNS

   1. Please refer to our online Delivery and Returns Policy, which are incorporated into these T&Cs by reference.
   2. Unless otherwise quoted or agreed in writing, Salvagente is not responsible for delivering the Products and the Customer is responsible for all costs related to the delivery of the Product.
   3. The Customer acknowledges that delivery dates given in advance are estimated and will be made subject to prior orders on file with Salvagente. Salvagente will use its best endeavours to ensure that delivery is completed as soon as is reasonably possible after the estimated delivery date. Notwithstanding the foregoing, Salvagente shall not be liable for failure to perform or delay in performance hereunder resulting from any cause beyond Salvagente’s control, fire, labour difficulties, transportation difficulties, interruptions in power supply (including but not limited to what may be termed “load shedding” or “black-outs”) and delays in usual sources of supply, major changes in economic conditions, breakdown of machinery or any cause beyond Salvagente’s control, or whether caused by negligence or otherwise. The provisions of clause 11.2 below shall apply hereto as if specifically amended.
   4. Subject to a quote or written agreement between the parties providing to the contrary, risk in and to the Products shall pass to the Customer upon delivery, regardless of whether or not Salvagente has agreed to effect installation of the Products.
   5. We use courier companies, suppliers and freight forwarders to ship all the products. Our couriers can ship to any physical address within South Africa. Freight forwarders are used for international deliveries and will be quoted on a case by case basis. All items shipped outside of RSA should be paid in full up front with all taxes, shipping, insurance and any other miscellaneous costs included.
   6. Should our delivery charges be incorrect, we reserve the right to cancel the order.
   7. The Customer shall immediately upon receipt of the Products from Salvagente be allowed to inspect the Products and the Customer must inform Salvagente of any damages or errors by way of written notice on the delivery document, and if no such document is available by email.
   8. Any of the Products delivered to the Customer in error will only be considered for return by Salvagente provided that such Products are undamaged, have not been tampered with in any way and are not defaced in any way.
   9. If the Customer, due to some fault of its own, cannot accept or should it request Salvagente in writing to suspend or delay delivery of the Products, Salvagente reserves the right to claim any additional costs involved from the Customer.
   10. Our tracking policy is to keep you informed. When your order is dispatched, we will contact you by email and/or SMS with the relevant tracking information so you can keep a close eye on your delivery. For international shipments we provide a holistic tracking solution.
   11. We do not offer storage facilities for purchased items. All items should be collected or dispatched within 10 working days (if applicable) of purchase or can be liable for additional storage fees.
   12. International orders are shipped on a DAP basis unless otherwise expressly indicated on the shipping invoice.

10. SIGNATURE ON DELIVERY

    1. All shipments contain valuable goods. Because of this, our carriers are contracted to produce a Proof of Delivery.
    2. Should the item be damaged or the packaging not be in place, this must be indicated on the delivery document and both the carrier representative and the person receiving the item must sign the delivery document to this effect. If the item is damaged it will be returned to us by the carrier. 

11. INSURANCE

    1. All local shipping costs are inclusive of standard Goods in Transit insurance costs.
    2. All international shipping costs are exclusive of insurance costs unless otherwise expressly indicated on the quotation/shipping invoice.
    3. Any shortfall on insurance policies due to damage, riots, acts of nature or acts of God will be for the Customer account.

12. CANCELLATIONS, RETURNS AND REFUNDS

    1. No products will be granted to a Customer on “Appro”.
    2. Products sold may only be returned within 10 days of delivery date for a refund subject to restrictions below if found unsuited for a specific purpose (as communicated by us) and upon presentation of a receipt and on condition they are returned in their original condition undamaged.
    3. Products sold by Salvagente are covered under our 6 Months Guarantee against Defects. Items may be returned for repair, refund or replacement subject to manufacturer and/or Salvagente restrictions.
    4. Salvagente will NOT accept any items back for credit if any unauthorised tampering took place.
    5. Defective items may be returned for repairs, refund or replacement within 6 months subject to the following restrictions:
       a. All products must be returned in original condition including packaging, documentation, warranty cards, manuals and accessories.
       b. Certain wear and tear fees may apply in cases of replacement or refund.
       c. All returns must be shipped freight prepaid.
       d. Any returns found to be non-defective are subject to a service fee.
       e. All non product related fees (shipping, transaction and insurance) are not refundable.
       f. Delivery fees will not be refunded for returns or for collecting of faulty items.
       g. Certain service fees for Business Support Benefits may be applied for services rendered and/or information provided.
       h. Items purchased on promotion may not be eligible for refunds and/or replacement.
       i. Returns outside of the RSA is to be shipped freight prepaid, and any miscellaneous costs will be deducted/added whichever the case might be.
       j. In the case of Refunds in currencies that’s not ZAR (South African Rand), the ZAR denominated amount will be refunded as per the interbank lending rates on the original transaction date, and not the foreign currency amount. Further to that all Forex and clearance fees will not be refunded (see (e)).
    6. Notwithstanding what is contained in clause 12.2, the Customer may not return Products that have been discounted, are on sale or that Salvagente has been expressly or implicitly required or expected to procure, create, or alter specifically to satisfy the Customer’s requirements.
    7. The Customer’s order or acceptance of a quote is binding on the Customer and in the event that the Customer cancels the order or accepted quote, Salvagente may charge the Customer a 20% cancelation and handling fee on the total order amount.
    8. The cancellation fee will be deducted from any deposit made or become payable immediately if no deposit was paid.

13. INSTALLATION AND ASSEMBLY

Salvagente is under no obligation to effect installation or assemble the Products at the premises of the Customer. However, if Salvagente agrees in writing, to effect installation or assembly of the Products, the following terms and conditions shall apply, unless otherwise agreed in writing:

1. 1. Salvagente may use any contractor or sub-contractor of its choice to effect installation or assembly,
   2. any deposit in respect of the installation or assembly, which may be requested by Salvagente will, in addition to any other rights which Salvagente may have in law, be forfeited by the Customer as liquidated damages in the event of a breach by the Customer of any of the terms of the contract,
   3. to the extent applicable, Salvagente shall not commence installation or assembly unless the area to which the Products will be installed or assembled has been prepared according to the specifications of Salvagente. Salvagente shall not be responsible for any delays or additional costs arising out of the failure of the Customer to procure that the relevant area complies with the specifications of Salvagente,
   4. Salvagente will use its best endeavours to ensure that installation or assembly is completed as soon as is reasonably possible after the date on which installation or assembly commences, but time for the completion of installation or assembly shall only be of the essence if a completion date is agreed in writing with Salvagente. Notwithstanding this, no responsibility will be accepted by Salvagente for delays due to forces beyond its reasonable control; and
   5. The Customer indemnifies and holds harmless Salvagente against any and all liabilities which may arise in the event of death or injury to, or pecuniary loss suffered by, any contractor, sub-contractor or employee of Salvagente in the course and scope of his/her employment in connection with the installation or assembly, as a result of the negligence or wilful misconduct of the Customer, its officers, employees or agents.

14. WARRANTIES AND REPAIRS

    1. The warranties listed below depends on the nature of the Product and will only be applicable if: 
       1. the defect existed at the time of delivery and manifested during the warranty period,
       2. the defect did not arise due to normal wear and tear or misuse/abuse by the Customer,
       3. the Product is used for the purposes intended and in a domestic environment (unless the latter requirement is waived by Salvagente in writing),
       4. the Customer duly complied with the care and maintenance instructions,
       5. the Customer provides the original invoice,
       6. the Product is assembled in accordance with specifications,
       7. the defect does not relate to alterations contrary to the instructions or after leaving the control of Salvagente,
       8. any material information provided by the Customer, specifically insofar as the intended use of the Product is concerned, is complete or correct.
       9. Salvagente will not be liable to compensate the Customer for any damages sustained by the Customer whilst the Products are being repaired, nor shall it be liable for any other damages, including consequential damages, relating to the replacement or repair of the Products.
       10. Only in the event of the Consumer being a consumer for the purposes of the CPA, then: (a) in addition and concurrent to the warranty given in 12.2 above, the Products are supplied to the Consumer with a six month warranty of quality against defects (within the meaning of the CPA), and (b) unless the Customer has specifically informed the Company of the intended use of the Product, Salvagente does not warrant that the Products purchased by the Customer will be fit for the purpose that the Customer intends using the Products for.
       11. Other than the warranties stated herein, the Customer acknowledges that Salvagente has made no representations or warranties to the Customer in connection with the agreement prior to the agreement being made.
    2. Salvagente distributes products which carries a manufacturers warranty. Should any product become faulty/require repairs, Salvagente will liaise to the best of our ability with the relevant manufacturers and/or suppliers to resolve the situation, should the product still be under warranty.
    3. Any repairs / maintenance / tampering on the products without the express consent of Salvagente will void the warranties.
    4. Products outside of warranty will require a deposit before repairs commence, and Salvagente reserves the right to withheld product return should outstanding balances not be settled.
    5. Salvagente reserves the right to suspend and/or cancel any warranties should monies be outstanding on the account.
    6. Any products outside of the RSA should be returned freight prepaid both ways either in full or with the damaged components to our offices for repairs and/or maintenance.
    7. Salvagente does not offer any direct warranties and is not liable for any warranties not fulfilled by manufacturers/suppliers

15. DEFAULT

    1. Should the Customer fail to make payment upon due date of any amount due and owing, or commit any other breach of the terms of a contract, Salvagente shall be entitled, at its option without notice and without prejudice to any other right which it may have, including the right to claim damages arising out of the breach or the termination of the contract, to cancel such contract forthwith, and/or to declare all amounts owing by the Customer to be immediately due and payable; and/or to suspend the carrying out of any of its then uncompleted obligations until payment is made.
    2. No relaxation which Salvagente may have permitted on any occasion in regard to the carrying out of the Customer’s obligations shall prejudice or be regarded as a waiver of Salvagente’s rights to enforce those obligations on any subsequent occasion.

16. ASSIGNMENT

    1. The Customer may not actually or purportedly cede, assign or otherwise alienate any rights or obligations which it may have in terms hereof or in terms of any contract with Salvagente, without Salvagente’s written consent, which consent will not be unreasonably withheld. 

17. PICTURES

    1. Pictures and/or illustrations may vary from actual product.
    2. Pictures and/or illustrations owned by Salvagente are protected by copyright laws and no unlawful distribution or recreation without Salvagente’s express consent is allowed.
    3. Should any pictures and/or illustrations be found on Salvagente’s website or promotion material that wilfully or unknowingly infringes on the copyright of another party, a Request for Removal can be submitted to [email protected]

18. BUSINESS SUPPORT BENEFITS

    1. Salvagente offers certain benefits to certain Customers, hereafter referred to as Affiliated Outlets.
    2. These Benefits might be retracted or expanded at the sole discretion of Salvagente. Salvagente further reserves the right to cancel these Benefits if the Affiliated Outlet(s) are involved in misconduct, infringement upon our rights or any other conduct which might or might not impact Salvagente negatively. Furthermore the Affiliated Outlet agree that in return for these Benefits they will adhere to the prescribe methods of Salvagente and provide the following:
       1. To let any client from Salvagente who is interested in purchasing any ozone sauna have a complimentary ozone session.
       2. To refer any client of their own interested in purchasing an ozone sauna to Salvagente with or without compensation or commission payable to them.
       3. To sell or distribute any prescribed product/service to their clientele at the best of their ability.

19. LIMITATIONS

    1. In addition to any other specific exclusions of liability contained herein and unless otherwise expressly stated herein, the parties agree that  the Customer shall have no claim against Salvagente for any loss or damage, of any nature, occasioned by any defect in any Products supplied, or any failure to provide adequate instructions in respect of any hazards that might arise from the use or incorrect use of the Products, save to the extent that the Consumer is a Consumer for the purposes of the CPA and such loss or damage is contemplated in section 61 of the CPA, and provided that nothing in these terms and conditions must be construed as in any way limiting the rights of Salvagente to raise such defences as may be available to it at common law or in terms of any statute.
    2. In the event that Salvagente provides advice regarding the application of the Products at the request of the Customer, the liability of Salvagente in respect of the non-suitability of the Products for the purpose for which they are used will be limited to the selling price of those Products.
    3. The Customer hereby indemnifies and holds Salvagente harmless against any losses, expenses, costs, or damages of whatsoever nature incurred by the Customer arising from any wilful misconduct or gross negligence of Salvagente.

20. PRIVACY AND COOKIE POLICY

    1. Salvagente respects your privacy. This section discloses the privacy practices for both our web site and email system.
    2. The Privacy and Cookie Policy forms part of the Customer Contract. Personal information collected from the Customer will be in accordance with this Privacy and Cookie Policy.
    3. We have designed Salvagente so that no personal identifying information is displayed online or is accessible to the general public. This does not refer to information listed on the O3 Outlets page as per our Business Support Benefits offering, which is displayed only upon express consent by the owner of such information. We do not sell or rent our customer information to any outside parties.
    4. Personal information when used in this Policy means information that can identify a Customer as an individual or is capable of identifying a Customer.
    5. Use of Salvagente’s Website signifies consent to Salvagente collecting and using personal information off the Customer as specified below.
    6. Salvagente adheres to local and international privacy laws such as POPI and GDRP. Following on 20.5 above, options are provided according to privacy laws for Customers to limit their data collection, storing and usage by selecting appropriate options when displayed.
    7. Information of Customers is collected as follows: 
       1. Personal information when communicating with Salvagente or registering an online user profile.
       2. The Customer may order a Product and provide a name, e-mail address, telephone/mobile number, delivery address, credit or debit card number and expiry date so that the order can be processed, and the Product delivered to the Customer.
       3. Details of credit or debit cards or bank accounts will be used by Salvagente only for the specific purpose for which it was provided to Salvagente.
       4. We may ask for health related information, in order for us to ascertain what the correct products and procedures may be.
    8. How information is used: 
       1. To confirm that orders have been received; to validate the Customer; to prevent and detect criminal activity, fraud, and misuse of or damage to our services or networks; to prosecute those responsible and to contact the Customer.
       2. To contact the Customer by post, telephone, and electronic mail (that is email, picture, video, and SMS) about functionality changes to our Website, services or changes to our Terms and Conditions, and to communicate with the Customer about benefits and advise the Customer regarding our services.
       3. To contact the Customer by email, post, or phone about promotions.
       4. Certain promotions may include paid advertisements from third parties. To block future communication of this type, simply opt out of the mailing list through the links provided in the email.
    9. Disclosing information to third parties: 
       1. Salvagente reserves the right to access and disclose personal information to comply with applicable laws, regulations, and lawful government requests, to operate its systems properly to protect itself or its users or to solve any customer disputes.
    10. How long we retain your data: 
        1. We retain customer data pertaining to orders and paying clients indefinitely, to fulfil warranty obligations, improve service levels and to monitor repeat business. 
        2. Data for remarketing advertising we retain for a maximum of 30 days after last Customer interaction. 
        3. General website visitor and query data we retain for up to 18 months.
    11. Salvagente may provide aggregate statistics about sales, customers, traffic patterns and other website information to third parties, but these statistics will not include any information that could identify the Customer.
    12. Some of our services may be provided by other service providers, and our services will then be offered through third party service providers. Customer personal information will be shared with these companies. These companies can and will process this information and will be obliged to keep such information confidential.
    13. Cookies: 
        1. Cookies are allocated during visiting of our website and the registration process. These cookies will hold information collected during registration and will allow Salvagente to recognise the Customer as a customer and provide the Customer with the services the Customer require.
        2. Cookies are used to collect information concerning visitors to the Website.
        3. We prompt our visitors to actively accept Cookies, refusal to accept limits such Cookie tracking.
        4. Our remarketing initiatives may include entities like Google and Facebook using personal identifiable information which they have to display ads across devices, but this information is not gathered from us. 
        5. The information we collect with Cookies is not sold, rented or shared with any outside parties.
        6. A Customer can refuse or opt out of cookies by altering the settings on the browser used by the Customer.
    14. Privacy preferences can be altered by contacting Salvagente to stop processing information for marketing purposes.
    15. You can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.

21. INTELLECTUAL PROPERTY

    1. All content included on this Website is the property of Salvagente and is protected by South African and international copyright laws.

22. BREACH

    1. Should the Customer breach any of these T&Cs, Salvagente reserves the right to cancel any Order and/or a Customer’s website registration, notwithstanding the right to exercise other legal remedies available to Salvagente.

23. APPLICABLE LAW

    1. These Terms are governed by the laws of the Republic of South Africa.