Sales Ts & Cs

Company Information

This eCommerce website is run by Clear Sky Industries cc t/a Clear Sky LEDs (*formerly Light Savers,  based in Cape Town, South Africa ) with registration number: 2009/131373/23 and VAT Registration no. 4550261798, represented by the authorised member Byron Levey.

Detailed Description of Goods & Services

Clear Sky Industries cc t/a Clear Sky LEDs is an online eCommerce retailer of premium indoor LED lighting products made for sale online for South African home and business owners.

Sales Quotations

For all customers that are making a purchase using a quotations or not purchasing products directly from the Clear Sky LEDs' e-commerce storefront online, and for any and all Sales Quotations emailed / faxed / sent to customers by an authorised sales representative at Clear Sky LEDs, the following Quotation Tc & Cs of Sale will apply.

Shipping Policy

Subject to availability and receipt of payment, requests will be processed within one (1) working day and delivery confirmed by way of an email or telephonic update. Ownership of all goods sold and delivered shall remain vested in Clear Sky LEDs until the full purchase price has been paid.

Any delivery note (copy or original) signed by the client and/or its authorised representative and/or its nominated agent and held by Clear Sky LEDs, shall be prima facie proof that delivery was made to the client.

Clear Sky LEDs is entitled to engage a third party on its behalf to transport all goods purchased by the client to the delivery address stipulated by the client (see below). Short deliveries must not be accepted and all the goods must be given to the driver of the delivery vehicle for return to Clear Sky LEDs.

*Please review our standard Shipping Policy for more information.

Returns Policy

All retail sales from the Clear Sky LEDs website are final at time of dispatch (except under order cancellation). Please refer to the Returns Policy for full details.

Pricing Policy

The price of the goods sold or services rendered shall be the usual price as set out in the Clear Sky LEDs online price list at the time of the sale of the goods. Clear Sky LEDs however reserves the right to change the pricing of goods from time to time in future without prior notice to the client.

Order Cancellation

The provision of goods and services by Clear Sky LEDs is subject to availability. In cases of unavailability, Clear Sky LEDs will refund the client in full within 30 (thirty) days of the confirmation of order.
Any cancellation of an order by the client must be conducted before the client’s order has been dispatched and will attract a 15% handling and restocking fee on the value of the order cancelled for administration purposes unless returned under the company’s Returns Policy.

Client Privacy Policy

Clear Sky LEDs shall take all reasonable and responsible steps to protect the all personal information of its users and clients. For the purpose of this clause, "personal information" is defined as in the Promotion of Access to Information Act 2 of 2000 (PAIA). For more information about the PAIA, please visit  http://www.doj.gov.za/paia/paia.htm.

The client confirms that all information given is accurate and complete, and the client agrees to update any supplied information when necessary in order to ensure the accuracy of the above information failing which Clear Sky LEDs will not be liable for inaccuracies.

Please refer to the company’s Privacy Policy for more information.

Payment Options Accepted

Payment may be made via Visa Card or MasterCard credit cards or by Electronic Fund Transfer (EFT) into the Clear Sky LEDs company bank account, the details of which are provided on all outgoing invoices and receipts and / or on request.

Where the client uses Internet / EFT banking, the bank is deemed the agent of the client in which case Clear Sky LEDs shall not bear any risk associated with loss of misplaced or misallocated funds. No other forms of payment including cash, cheque, money order or on account are acceptable forms of payment unless otherwise agreed to with administration.  Contact us for special payment options or review our Online Payment Options for more details.

Credit Card Acquiring and Security

Credit card transactions will be acquired for Clear Sky LEDs by Virtual Card Services (Pty) Ltd who are an authorised and approved payment gateway for FNB South Africa.

Furthermore, all client details will be stored by Clear Sky LEDs separately from card details which are entered by the client on VCS’s secure site.  VCS uses Secure Socket Layering (SSL3) technologies and no credit card details are stored on the website.  Users may go to www.vcs.co.za to view their security certificate and security policy at any time.

Merchant Outlet Country and Transaction Currency

The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction Currency is in ZAR / R0.00 (South African Rand) only.

Responsibility

Clear Sky LEDs takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, client services and support, dispute resolution and delivery of goods unless otherwise stipulated within the general policies of the company.

Legal proceedings

These terms and conditions shall be governed and construed under and in accordance with the laws of the Republic of South Africa. Clear Sky LEDs shall, at its option and notwithstanding that the amount of its claim or the nature of the relief sought exceeds the jurisdiction of the Magistrate’s Court of Cape Town, be entitled to institute action out of such court.

A certificate issued and signed by any member of Clear Sky LEDs, whose authority need not be proved, in respect of any indebtedness of the client to Clear Sky LEDs or in respect of any other fact, including but without limiting the generality of the a foregoing, the fact that such goods were sold and delivered, shall be prima facie proof of the client’s indebtedness to Clear Sky LEDs and prima facie proof of delivery of the goods in terms of this contract.

Any document will be deemed duly received by the client within:
  • three (3) working days of pre-paid registered mail to any of the client’s business or postal addresses or the domicilium address of the client;
  • 24 (twenty four) hours of being faxed to any of the client’s fax numbers on being delivered by hand to the client; or
  • 48 (forty eight) hours if sent by overnight courier.
  • The client agrees that neither Clear Sky LEDs nor any of its employees will be liable for any negligent or innocent misrepresentations made to the client, nor shall the client be entitled to release from these terms and conditions on those grounds.

Arbitration

Clear Sky LEDs may refer any dispute arising from or in connection with this contract to arbitration which arbitration award shall be final and binding on the client and Clear Sky LEDs. The arbitrator will be a person agreed upon by the parties or failing agreement, appointed by the Arbitration Foundation of Southern Africa, who shall then finally resolve the dispute or issue in accordance with the Rules of the Arbitration Foundation of SA. The arbitration must be held at the place and in accordance with whatever procedures, the arbitrator considers appropriate.

Indemnity

The customer indemnifies and holds Clear Sky LEDs (including its employees, subcontractors or subsidiaries) harmless against all claims of whatsoever nature that may be brought or threatened against Clear Sky LEDs by any third party arising from or in connection with any defect, latent or otherwise in any goods supplied and/or services rendered by Clear Sky LEDs.

Country of Domicile

This ecommerce website and all other online documentation and functionality is governed by the laws of South Africa and Clear Sky LEDs 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 the following:  62 Dean Street, Newlands, Cape Town 7700.

Variation

Clear Sky LEDs may, in its sole discretion, change this agreement or any part thereof at any time without notice.

Export Restriction

The offerings on this website is available to South African customers and clients only – see Shipping Policy for more details.

Copyright

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of this site's owner or its content suppliers and protected by the Republic of South Africa and international copyright laws. The compilation of all content on this site is the exclusive property of this site's owner and protected by the Republic of South Africa and international copyright laws. All software used on this site is the property of this site's owner or its software suppliers and protected by Republic of South Africa and international copyright laws.

Disclaimer of Warranties and Limitation of Liability

THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ARE MADE, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THIS SITE'S OWNER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS SITE'S OWNER DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM THIS SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS SITE'S OWNER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
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