Except as otherwise agreed in writing, all online purchases and transactions for the supply of the Products and/or services (“the Products”) by Life Source, shall be subject to these standard terms and conditions of sale, including the supporting policies, as well as the Life Source Website Terms and Conditions. These terms and conditions will be subject to the CPA
1. DEFINITIONS
1.1 “Affiliate” means any person, firm or corporation which is a subsidiary, parent or affiliate of Life Source or the successor to Life Source by a merger or by a transfer of a substantial amount of Life Source’s assets
1.2 “Life Source” shall mean Life Source Organics (Pty) Limited;
1.3 “CPA” shall mean the Consumer Protection Act 68 of 2008;
1.4 “Customer” shall mean the person, natural or otherwise, who purchases the Products from Life Source under these terms and conditions and shall include any ultimate end user of the Product;
1.5 “Products” shall mean all items including services presently being sold or supplied online by Life Source including but not limited to supplements, health products, health foods, vitamins and similar products;
1.6 “On-Line Portal” means purchases made though the online sales platform currently available at www.lifesource.org.za;
1.7 “Returns” means any return of a damaged Product.
2. PURCHASE
The Customer shall be bound by these standard terms and conditions of sale in all transactions relating to the purchase of the Products using Life Source’s On-Line Portal.
3. ORDERS
Life Source reserves the right to reasonably decline any order and/or to suspend delivery and/or to decline to supply the Products to the Customer.
4. PAYMENT
The payment terms are set out in the Payment Policy.
5. DELIVERY
5.1 Subject to the CPA, and although Life Source will endeavour to deliver the Products according to the Customer’s requirements, Life Source will not be bound to such delivery requirements of the Customer and accordingly Life Source shall not be liable in any manner whatsoever for failure or delay in delivery.
5.2 Life Source shall at its discretion be entitled to effect and invoice for part deliveries.
5.3 This clause shall be read together with the standard Life Source Delivery Policy.
6. OWNERSHIP
6.1 Irrespective of the type of transaction, Life Source hereby reserves its rights to ownership of the Products until fully paid for by the Customer.
6.2 In order to give effect to 6.1, the Customer shall ensure the Products remain movable property, severable from any other movable or immovable property to which the Products may be attached or included.
7. RISK
On delivery of the Products to the Customer, the risk in and to the Products shall pass to the Customer notwithstanding that ownership in the Products remain vested in Life Source.
8. RETURNS
Life Source agrees to returns and exchanges provided that the following provisions shall be applicable, as well as those set out in the Delivery Policy and Returns Policy:
8.1 The Customer shall not be refunded for any delivery cost under any circumstances;
8.2 Any refund or credit will only take place once Life Source has received and processed the return of the Products;
8.3 Life Source shall have a discretion to refund the Customer by any appropriate means including cash, a gift card (electronic or otherwise) or by crediting the relevant Customer account or applicable credit, cheque or debit card.
9. WARRANTY
9.1 Subject to the CPA, Life Source makes no representations whatsoever and gives no guarantees against latent or patent defects in respect of the Products and all conditions and warranties whatsoever whether implied or otherwise are hereby expressly excluded.
9.2 Subject to the CPA, Life Source shall not incur any liability of whatever nature arising in contract or delict from any injury, loss or damage to any person or property arising from the use of the Products.
9.3 The Products supplied by Life Source shall be suitable only for the purpose designed and intended and the Customer shall ensure the Products are handled, stored, installed, used, consumed or otherwise dealt with in a normal and proper manner and where applicable, in a manner consistent with the instructions given by Life Source.
9.4 Subject to the CPA, no claim shall lie against Life Source arising out of or in connection with any defects in, or unsuitability of the products.
10. INDEMNITY
Without derogating from the generality of any of the provisions hereof, and subject to the CPA, Life Source shall not at any time be liable for any claims of whatsoever nature and howsoever arising for direct or consequential loss or damage which may be sustained by the Customer in connection with the use of the Products and the Customer hereby indemnifies Life Source against all such claims.
11. PROHIBITION OF SET OFF
The Customer, to the extent allowable in terms of the CPA, waives any right of set off the Customer might have against Life Source in respect of any amount which may now or in the future be or become owing by Life Source to the Customer. The Customer agrees and acknowledges that it shall not be entitled to advance the defence of set off or mutual extension of debts or counter claim in any proceedings which Life Source may bring against the Customer for the enforcement of its rights whether in respect of any credit facilities extended by Life Source to the Customer or otherwise.
12. SECURITY
12.1 Any claim the Customer may at any time have arising wholly or partially out of or in connection with the disposal by it of the Products, or certain of them, shall be deemed to have been ceded to Life Source as security for the Customer’s obligations hereunder.
12.2 The Products are sold to the Customer on the basis that they shall be consumed by the Customer and are not intended for resale.
13. CUSTOMER’S DOCUMENTS
13.1 Subject to the CPA, in all transactions with the Customer, any clauses or conditions contained in or forming part of the Customer’s documents shall not amend or modify these terms and conditions of sale and Life Source shall not be bound thereby.
13.2 These standard terms and conditions of sale shall supersede any conflicting clauses or conditions whether verbal or contained in any of the Customer’s documents.
14. INDULGENCE
No indulgence which Life Source may grant to the Customer shall in any way be deemed to affect, prejudice or derogate from the rights of Life Source nor shall such indulgence constitute a waiver or novation of any of the rights of Life Source who shall not thereby be precluded from exercising any rights against the Customer which may have arisen in the past or which may arise in the future.
15. CONFIDENTIAL INFORMATION
15.1 Life Source and the Customer agree to keep any confidential information that they receive from one another confidential by using the same degree of care that they would use to protect their confidential information. Life Source will not disclose the Customers confidential information to anyone else, unless the customer allows Life Source to do so, the Customer must do the same with the confidential information about Life Source. Life Source can, however, disclose the Customers confidential information to Life Source’s employees and contractors who need to know and use the information in order to perform their obligations in terms of this agreement.
15.2 Life Source shall, further abide by its Privacy and Confidentiality Policy, as set out in the Life Source Terms and Conditions
16. BREACH
Should the Customer fail to make any payment to Life Source under any contract or should the Customer be in breach of any of the provisions of these standard terms and conditions of sale and fail to remedy such breach within 7 (seven) days after receiving a written demand that it be remedied, Life Source shall be entitled without prejudice to any alternative or additional right of action or remedy available to Life Source to cancel any contract with the Customer with immediate effect.
17. LEGAL COSTS
In the event that any legal action is taken or any amount remains outstanding and Life Source instructs attorneys to recover such unpaid costs, the Customer shall be liable for all legal costs incurred by Life Source.
18. APPLICABLE LAW
18.1 All transactions shall be governed in all respects by, and shall be construed and interpreted according to the laws of the Republic of South Africa.
18.2 Subject to the CPA, the Customer also agrees and consents in terms of Section 45 of the Magistrate’s Court Act (“the MCA”) to the jurisdiction of a Magistrate’s Court having jurisdiction in respect of the Customer or the claim in terms of Section 28 of the MCA in respect of any proceedings or claims or action being instituted against the Customer by Life Source in terms hereof or otherwise, notwithstanding that the amount of such claim may exceed the jurisdiction of such Magistrate’s Court, provided that Life Source may in its discretion be entitled to bring such proceedings in any other court of competent jurisdiction, the Customer agreeing and submitting itself to the jurisdiction of the South Gauteng Division of the High Court of South Africa or any other division of the High Court of South Africa chosen by Life Source in the event of Life Source exercising its rights in terms hereof.
19. DOMICILIUM
The Customer chooses domicilium citandi et executandi at the shipping address as reflected in the invoice, failing which any other physical address of the Customer.
Delivery Policy
20. This Delivery Policy forms part of the Standard Terms and Conditions of Sale.
21. Delivery methods will include:-
21.1 via the South African Post Office (“SAPO”) or,
21.2 by Courier to the Customers chosen delivery address.
22. When effecting delivery at the customer’s premises or such other premises as nominated by the Customer, the Customer shall be responsible for receiving, unloading and checking the Products in the presence of the Life Source representative making delivery.
23. Delivery of the products at the shipping address nominated by the Customer shall constitute good delivery. Any acknowledgement of receipt by the Customer or any authorised representative or employee, whether direct or indirect, in writing or otherwise shall serve to also confirm delivery.
24. If, on the instructions of the Customer, the Products are delivered to a carrier for delivery to the Customer, delivery to the Customer shall be deemed to have been duly effected on delivery to the carrier who shall at all times be and remain the Customer’s agent for purposes of these terms and conditions.
25. In the event of short delivery the Customer shall forthwith upon delivery endorse Life Source’s copy of the delivery note specifying details of the short delivery and thereafter within three (3) days of such delivery the Customer shall lodge a claim with Life Source in respect of such short delivery.
26. In the event that the Products are delivered in a damaged state, the Customer shall forthwith upon delivery endorse Life Source’s copy of the delivery note detailing the damage to the Products and the Customer shall within three (3) days of such delivery notify Life Source of such damage in the Products delivered, following which the Returns Policy shall be followed.
27. On compliance by the Customer with paragraphs 4 and 5 and provided Life Source agrees with the information supplied by the Customer, Life Source will or may apply a credit, subject to the conditions of the Returns Policy.
28. Subject to the CPA, and notwithstanding the provisions of this policy, Life Source shall not be liable to the Customer for any loss or damage occasioned by reason of the circumstances set out above.
29. A flat rate to deliver your order to you, will be charged. This will escalate reasonably from time to time.
30. The order will take around 1 to 7 working days to be delivered to the chosen address, depending on the location and method of delivery.
31. Although reasonable care shall be taken, Life Source accepts no responsibility whatsoever for incorrect delivery details of if an unauthorised person, at the delivery address, accepts delivery of the order and Products.
31.1 For purposes of this clause, “Life Source” shall include any Affiliate, agent or independent contractor who may effect delivery on behalf of Life Source, which shall also include the South African Postal service.
Returns Policy
31. The Returns Policy forms part of the Standard Terms and Conditions of Sale.
32. Return on all products can only occur via courier
33. Courier return: when returning Products via courier, the Customer must first register a return on the Life Source on line system or by email to Life Source. A reference number and a return address will be issued to the Customer. The Customer must then insert the Products being returned into appropriate packaging and this will be collected by the courier in accordance with the instructions received from Life Source. The courier charge will be deducted from the return credit. While the Life Source system may reflect an estimated credit value before the return is concluded, this estimated credit value is subject to change based on the condition of the returned Products.
34. Refunds will occur as follows:
34.1 For Direct returns and EFT purchases will be refunded by EFT. Credit and debit cards will be refunded to the applicable card;
35. In the event a Customer fails to collect an order of Products at a chosen location, successive reminders to the Customer to fetch the Products will be sent. If the Customer fails to collect the Products purchased within 21 (twenty one) days, Life Source reserves the right to sell the Products to defray expenses and no refund may be paid.
36. Life Source cannot accept responsibility if an individual at the Customers chosen address, accepts delivery and is not authorized to do so, or does so under false or fraudulent circumstances.
37. In the event of 2 (two) failed attempts to deliver the order of Products to the Customer at the chosen address, the Products shall be returned to Life Source and the sale shall be reversed. The costs of the delivery/s and return of the Products shall be deducted from the credit due to the Customer.
Payment Policy
44. The Payment Policy forms part of the Standard Terms and Conditions and is subject to Life Sources’s agreements with its bankers and the outsourced financial transactions service provider.
45. There are two different payment options including payment by way of a credit or debit card, or by EFT. Cheques will not be accepted.
46. If the EFT payment option is used, this can take up to seventy two hours depending upon the relevant bank. Please note that if payment is not received within seventy two hours, the order will automatically be cancelled.
47. Life Source prescribes to high security and encryption standards allowing all customers to shop with peace of mind. It is also to be noted that payment and card details, as well as related confidential information cannot be accessed by anyone who is not authorized to do so.
