Website Terms & Conditions

Website Terms & Conditions 2017-11-12T17:32:04+00:00

We dislike ‘Terms and Conditions’ as much as you do. Unfortunately they are a reality and a part of business, so we’ll try and keep them as straightforward as possible.

The purpose of these terms is to protect both you and us. It’s our best attempt to clear up any issues that may cause problems later. If you have any questions regarding these terms please email us at [email protected] and we will clarify the situation for you!

We have tried to include everything that we think is appropriate here. Occasionally there are some things that we add to this page. Please be sure to visit this page on a regular basis if you wish to see the latest Website Terms.

INTRODUCTION

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions of general site use in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

You must be at least 18 years of age to use this website. By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.

This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to Oxygen Products (PTY) LTD’s use of cookies in accordance with the terms of Oxygen Products (PTY) LTD’s privacy and cookie policies.

LICENSE TO USE WEBSITE

Unless otherwise stated, Oxygen Products (PTY) LTD and/or its licencors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • Republish material from this website (including republication on another website);
  • Sell, rent or sub-license material from the website;
  • Show any material from the website in public;
  • Reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • Edit or otherwise modify any material on the website; or
  • Redistribute material from this website.

ACCEPTABLE USE

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of or is linked to any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website.

You must not use this website for any purposes related to marketing without Oxygen Products (PTY) LTD’s express written consent.

RESTRICTED ACCESS

Access to certain areas of this website is restricted. Oxygen Products (PTY) LTD reserves the right to restrict access to areas of this website, or indeed this entire website, at Oxygen Products (PTY) LTD’s discretion.

If Oxygen Products (PTY) LTD provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

Oxygen Products (PTY) LTD may disable your user ID and password at Oxygen Products (PTY) LTD’s sole discretion without notice or explanation.

USER CONTENT

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to Oxygen Products (PTY) LTD a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to Oxygen Products (PTY) LTD the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Oxygen Products (PTY) LTD or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Oxygen Products (PTY) LTD reserves the right to edit or remove any material submitted to this website, or stored on Oxygen Products (PTY) LTD’s servers, or hosted or published upon this website.

Notwithstanding Oxygen Products (PTY) LTD’s rights under these terms and conditions in relation to user content, Oxygen Products (PTY) LTD does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

NO WARRANTIES

This website is provided “as is” without any representations or warranties, express or implied.  Oxygen Products (PTY) LTD makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Oxygen Products (PTY) LTD does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any medical matter you should consult an appropriate health care professional.

LIMITATION OF LIABILITY

Oxygen Products (PTY) LTD will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • To the extent that the website is provided free-of-charge, for any direct loss;
  • For any indirect, special or consequential loss; or
  • For any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Oxygen Products (PTY) LTD has been expressly advised of the potential loss.

EXCEPTIONS

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Oxygen Products (PTY) LTD’s liability in respect of any:

  • Death or personal injury caused by Oxygen Products (PTY) LTD’s negligence;
  • Fraud or fraudulent misrepresentation on the part of Oxygen Products (PTY) LTD; or
  • Matter which it would be illegal or unlawful for Oxygen Products (PTY) LTD to exclude or limit, or to attempt or purport to exclude or limit, its liability.

REASONABLENESS

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

OTHER PARTIES

You accept that, as a limited liability entity, Oxygen Products (PTY) LTD has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against Oxygen Products (PTY) LTD’s officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Oxygen Products (PTY) LTD’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Oxygen Products (PTY) LTD.

INDEMNITY

You hereby indemnify Oxygen Products (PTY) LTD and undertake to keep Oxygen Products (PTY) LTD indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Oxygen Products (PTY) LTD to a third party in settlement of a claim or dispute on the advice of Oxygen Products (PTY) LTD’s legal advisers) incurred or suffered by Oxygen Products (PTY) LTD arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

BREACHES OF THESE TERMS OF SERVICE

Without prejudice to Oxygen Products (PTY) LTD’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Oxygen Products (PTY) LTD may take such action as Oxygen Products (PTY) LTD deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

VARIATION

Oxygen Products (PTY) LTD may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version. Registered users will be notified by email of any updates.

ASSIGNMENT

Oxygen Products (PTY) LTD may transfer, sub-contract or otherwise deal with Oxygen Products (PTY) LTD’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

SEVERABILITY

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

ENTIRE AGREEMENT

These terms and conditions, together with our privacy and cookie policies, terms and conditions of sale, affiliate terms and conditions (if entered into) and distributor agreement (if entered into), constitute the entire agreement between you and Oxygen Products (PTY) LTD in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

LAW AND JURISDICTION

These terms and conditions will be governed by and construed in accordance with relevant legislation of the Republic of South Africa, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of the Republic of South Africa, in particular the magisterial district of Cape Town.

OXYGEN PRODUCTS (PTY) LTD’S DETAILS

Oxygen Products (PTY) LTD is registered in the Republic of South Africa under registration number 2012/055651/07 and VAT registration number: 4940266267.

Oxygen Products (PTY) LTD address is: 91 Briza Road, Table View, Cape Town, Republic of South Africa, 7441.

You can contact Oxygen Products (PTY) LTD by email to [email protected].

INTRODUCTION AND ACCEPTANCE OF TERMS AND CONDITIONS

The general Terms and Conditions of Sale detailed below govern the contractual relationship between the ‘User’ (hereafter also referred to as ‘You’ or the ‘Customer’) and ‘Oxygen Products (PTY) LTD’ (hereafter also referred to as ‘We’ or the ‘Website’); a company operating inside the Republic of South Africa with the registration number 2012/055651/07 and VAT number 4940266267. Both parties accept these Conditions unreservedly.

These general Conditions of Sale that are applicable to any sales and are read in conjunction with our general site terms and conditions, disclaimers and privacy policy, except in the case of express. written, prior dispensation. We maintain that, by confirming your order, you have read and do unreservedly accept our general Conditions of Sale. These Terms and Conditions of Sale are important to you and Oxygen Products (PTY) LTD as they are used to protect your rights as a valued customer and our rights as a business.

This website (oxygenproducts.org) is a work in progress, and as such things may change, be added or be taken away. We reserve the right to update the Website and these Terms and Conditions of sale from time to time, at our discretion and without any notice. It is solely your responsibility to keep up-to-date with the latest Terms and Conditions by checking back regularly. Your continued use of the Website following the publishing of updated Terms of Service will be taken to mean that you have read and agree to the changes. If you have an account registered with us, we will notify you via e mail of these changes.

ACCESS TO THE WEBSITE

We work hard to ensure the Website is always up and available, but we can’t guarantee that the Website will not have downtime for any reason. We reserve the right to close the Website for short periods of time for general maintenance, but will attempt to keep this to a minimum. We will not be liable if for any reason all or any part of the Website is unavailable at any time, for any length of time.

Parts of the Website require you to input a password to access certain features. This is to be able to give you details relevant to your order whilst still keeping them private to you. To do this, as part of our security procedures, we require you to register an account on the Oxygen Products (PTY) LTD  website by entering your email and choosing a secure password. We highly recommend that you choose a strong password that is hard for others to guess, and you log out from your account at the end of every session. There is a password reset procedure in case you forget your password. You must treat your account login information as confidential, not disclosing it to any third party and only using our website/s in person. If you think there may have been any breach of security then it is your responsibility to notify us immediately and if log-in is possible, to change your password.

It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. We reserve the right to disable any user account in our sole discretion, at any time for any or no reason, including if, in our opinion, you have failed to comply with any provision of these Terms and Conditions of Sale.

We do not guarantee that the Website or any content provided on the Website is error free. We manage your personal data according to our Privacy Policy.

PRODUCT INFORMATION

Oxygen Products (PTY) LTD takes great care when putting product information, descriptions and images on-line but will not be held responsible for any mistakes or omissions to any information given.

PRICES

The prices indicated on this website are shown in South African Rand (ZAR) and do not include delivery, please refer to our delivery policy below. We reserve the right to modify our prices at any moment but this will be indicated to you on the order at the time the order is placed. If an obviously incorrect price appears on our website and is not corrected on your total at the time of order completion, for whatever reason (human error, technical error etc.), your order will be cancelled and the payment refunded to you, even if it has been initially validated.

AVAILABILITY

We will always endeavour to fulfil your order once completed and paid for. If a product should become unavailable after your order has been confirmed and paid for, we will refund the price you paid for the product within 30 days following the date of payment. If your order includes products that are temporarily unavailable, we will send the available products out first and will follow with the outstanding items once they are available again. If relevant, we will offer you a replacement for an unavailable product, a product of equal price and quality. If you choose to decline this offer, and the original product is permanently unavailable, we will reimburse the price of the unavailable product.

SECURITY

The Oxygen Products (PTY) LTD allows users to complete orders and process payments through secure 3rd party payment processing platforms; such as Sage PayNow. These payment options use advanced SSL encryption to keep your transaction secure and do not cost you anything to use (Oxygen Products (PTY) LTD is charged as the seller, you are not charged as the buyer) so you will not pay any extra for your order. You do not need to hold an account with these Merchants to use these methods of payments. Please refer to PayPal for full terms and conditions of use.

PROCESSING OF YOUR ORDER

Please allow 1 to 2 business days for the administrative processing of your order(confirmation, picking, packaging and despatch). We unfortunately do not ship on weekends and public holidays.

We will endeavor to complete your order in the shortest time possible, but if we are experiencing a large volume of orders, your dispatch may be delayed by a few days. If we are experiencing a major backlog in our processes, we will then notify you of such delays via email or telephonically.

All delivery charges are calculated on the total (packed) weight and total value of the order when Oxygen Products (PTY) LTD receives the order. An order comprises of the completed purchase request placed at the time of purchase. This is therefore a singular order, if for ex ample you order 1 product a day or hour each order is treated as a separate order and we do not consolidate these various orders in to a single order.

DELIVERY POLICY

Your order will be delivered to the address you indicated when your order was placed. The products bought on this Oxygen Products (PTY) LTD website will be delivered to your registered address via registered mail or courier service as per your request.

Oxygen Products (PTY) LTD does everything in its power to respect the delivery times indicated on the website. We cannot, however, be held responsible for the consequences of a late delivery or the loss of a package caused by a third-party contracted to make delivery, or by you, or because of some unforeseen event or an Act of God. In the event where you do not receive your package, an investigation will be conducted with the carrier and may take several days upon receipt of your claim. During this period of investigation, no reimbursement or re-delivery will take place.

DELIVERY CHOICE

Oxygen Products (PTY) LTD offers you the flexibility to choose from two delivery options, namely;-

  • Via the South African post office, or
  • Via courier.

Please clearly specify when placing your order which service you would prefer.

DELIVERY INFORMATION

Please allow the following delivery lead times;-

  • South African post office.

Please allow approximately 5 business days for delivery.

Please be aware, The South African post office only accepts parcels that are a maximum of 30 Kg.

Please also be aware that the delivery service with the South African post office is a counter to counter service.(in other words you will need to collect your order from your nearest South African post office).

  • Via courier.

All orders received before 12:00 will be despatched on the same day, any orders received after 12:00 will be despatched the following day. Subject to the administrative processing of your order and no delays from the courier service.

Please allow a 48 hour delivery period for your orders delivered via courier. Subject to the administrative processing of your order and no delays from the courier service.

The closing time for processing orders for shipment is at 12:00pm on Fridays.

Oxygen Products (PTY) LTD cannot guarantee the delivery times as shown as our deliveries are performed by third party contractors and we cannot be held liable for any delays in the service that these contractors may experience.

SHIPMENT CONFIRMATION AND ORDER TRACKING

You will receive a Shipment Confirmation email once your order has been despatched containing your tracking number/s.

DAMAGES

Oxygen Products (PTY) LTD cannot be held liable for any products damaged during shipping.

If you received your order and it is damaged, please contact Oxygen Products (PTY) LTD with proof of damage caused (in the form of photos, signed acknowledgement of the courier, copy of the waybill and any other evidence deemed needed) via the chosen courier service and we will immediately take the steps necessary to rectify the situation.

Please save all packaging materials and damaged goods before filing a claim.

LOST ORDERS

Should you not receive your order within the above delivery dates. Please do not hesitate to contact Oxygen Products (PTY) LTD immediately and furnish your tracking number. We will then take immediate steps to follow up with the courier service you have chosen to rectify the problem. If your parcel is confirmed as lost we will immediately dispatch to you a replacement order and claim the costs from the relevant courier.

RETURNS POLICY

RIGHT OF RETURN

Oxygen Products (PTY) LTD allows you 30 days to return a product that you are not satisfied with. Your right of return starts from the moment your order is delivered. You can return the product to us within this time frame, at your own expense, with your invoice and a completed and signed returns coupon.

We request that you send us the merchandise by registered post and that you purchase insurance with your carrier for the value of the merchandise. This is necessary should they lose or damage the goods. Shipping fees remain the customer’s responsibility. The present right of return only applies to products that are returned in their original, complete condition. Any product that has been damaged, is not in its original packaging, or has packaging that has been worn beyond simply opening the product, will not be refunded. The deadlines mentioned above are effective from the date of receipt of the order.

FOR REIMBURSEMENTS

If the product is returned within 30 days of its delivery, the User will be reimbursed via the same payment method as was used initially.

We allow a period of 30 (thirty) calendar days for the return of the product, from the date that you received our product.

Due to the nature of our product (for human consumption), we require that the product be returned in its original packaging, with all seals intact and in the same condition that you received it.

Unfortunately we cannot entertain any returns if the product has been tampered with in any way.

To enable us to expedite the return process, we respectfully request that you kindly supply either a receipt for or proof of purchase of our product. 

REFUNDS

Once we receive your item, we will inspect it and notify you that we have received your returned item. We will immediately notify you on the status of your refund after inspecting the item.

If your return is approved, we will initiate a refund to your credit card or original method of payment.

Please allow approximately 5 to 10 working days for our administrative approval of your refund. Once we have made the refund, we will notify you when the refund has been processed by our administration.

Once the refund has been processed by ourselves you may have to allow a few more days before you receive your funds, this is dependent on the policies of your card issuer or payment source. 

SHIPPING

You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non​ refundable.

If you receive a refund, the original shipping cost (if levied) will be deducted from your refund.

PRIVACY AND PROTECTION OF PERSONAL DATA

The details you give us are essential for the processing and delivery of your orders, for billing and for the establishment of warranty contracts, therefore failure to provide these details will result in the cancellation of your order. By registering on the Site, you agree to provide us with sincere and true information as it concerns you. Communicating false information is contrary to the present Terms and Conditions of  Sale.

You have the permanent right to access and rectify all the information that concerns you. You can at any time make a request to Oxygen Products (PTY) LTD to find out what personal information we hold concerning you. You may at any time, and by request, modify this information.

Cookies record certain information stored on your hard drive. This information enables us to generate statistics based on data from visitors to our site and suggest products that might interest you according to the items that you selected when you previously visited the site. Cookies do not contain any confidential information about you.

For further information please refer to our Privacy Policy.

INTELLECTUAL OWNERSHIP

All the content on Oxygen Products (PTY) LTD website (illustrations, texts, names, brand names, images and videos) is the property of Oxygen Products (PTY) LTD. Any partial or total reproduction of this content, by any means and on any support, is subject to prior and express authorization by Oxygen Products (PTY) LTD in writing. All information, content and files are protected by International law concerning intellectual ownership and copyright. Oxygen Products (PTY) LTD cannot give you the right to copy, display or distribute content that you do not have the intellectual rights to. All fraudulent use of this content that violates the rights held by a third party constitutes an offence of forgery, which is severely punished under the Intellectual Property Code.

Oxygen Products (PTY) LTD will not, under any circumstances, be held responsible if a user violates rights held by a third party through his activities on the site.

FEEDBACK AND COMMENTS

Any opinions left on the Website by Oxygen Products (PTY) LTD customers are screened and moderated by Oxygen Products (PTY) LTD. If the comments infringe on the law or are inappropriate (abusive publicity, defamatory, insulting, out of context commentary or is otherwise viewed by Oxygen Products (PTY) LTD, in our sole discretion, as being in any other way unlawful, harmful, threatening, defamatory, obscene, harassing, racially, ethnically or otherwise objectionable.), Oxygen Products (PTY) LTD reserves the right to refuse or modify it.

WAIVER AND SEVERABILITY

Any failure of Oxygen Products (PTY) LTD to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms and conditions of sale read with our general site terms and conditions, disclaimers and privacy policy constitutes the entire agreement between you and Oxygen Products (PTY) LTD, and governs your use of the service, superseding any prior agreements (including, but not limited to, any prior versions of the Terms and Conditions of Sale and policies). If any provision of these Terms and Conditions of Sale is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions of Sale will continue in full force and effect.

This disclaimer refers to the information contained on​ https://oxygenproducts.org and https://oxygenproducts.co.za websites (the “Group” or “Service” or “Services”) is for general information purposes only.​ The group assumes no responsibility for errors or omissions in the contents on the Service.

In no event shall​ the group be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the services or the contents of the services.

Our group reserves the right to make additions, deletions, or modification to the contents on the Service at any time without prior notice. ​Our group does not warrant that the website is free of viruses or other harmful components.

THE GROUP SITES ARE PROVIDED ON AN “AS IS” BASIS. NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OF ANY OTHER NATURE ARE MADE HEREUNDER WITH RESPECT TO INFORMATION OR THE PRODUCTS TO WHICH THE INFORMATION REFERS.

EXTERNAL LINKS

Our group websites may contain links to external websites that are not provided or maintained by or in any way affiliated with our group.​ Please note that ​our group does not guarantee the accuracy, relevance, timeliness, or completeness of any information on these external websites. Nor are they to viewed as an endorsement of any information, product or service.

The use of any third party websites is entirely at your own risk.

MEDICAL OR WELLNESS

This website offers health and nutritional information and is designed for educational and informational purposes only.

Our websites are not intended to provide diagnosis, treatment or medical advice. Products, services, information and other content provided on the Site, including information that may be provided on the Site directly or by linking to third-party websites are provided for informational and educational purposes only.

Please consult with a physician or other healthcare professional regarding any medical or health related diagnosis or treatment options.

All information provided on the Site and linked websites, including information relating to medical and health conditions, treatments and products may be provided in summary form. Information on the Site including any product label or packaging should not be considered as a substitute for advice from a healthcare professional. Nor should you use the information or services provided on our sites to diagnose or treat any health issues or as a prescription of any medication or other treatment. The Site does not recommend self-management of health issues. Information on the Site is not comprehensive and does not cover all diseases, ailments, physical conditions or their treatment. Contact your healthcare professional promptly should you have any health related questions.

Before commencing any exercise or dieting program or starting any treatment for a health issue always consult with a healthcare professional, as we are all individuals and you may react differently to different products.

Never disregard or delay medical advice based upon information you may have read on our group Sites.

We make no guarantee or warranty with respect to any products or services sold. We are not responsible for any damages for information or services provided even if we have been advised of the possibility of damages.

TESTIMONIALS, COMMENTS AND/OR PRODUCT REVIEWS

Any testimonials which are presented on our group websites or company marketing materials are only applicable to the person (s) depicted and may not be representative of others experiences. Additionally, testimonials are not indicative of success or future performance. All testimonials are given of the persons own desire and they are never paid for providing them. Any comments made in any forums, blogs or social media on the group sites by employees or group site users are strictly their own personal views made in their own personal capacity and are not claims made by us or do they represent the our positions or views. Product ratings by any current or previous employees or group site users are strictly their own personal views made in their own personal capacity and are not intended as a substitute for appropriate medical care or advice from a healthcare professional.

All information is supplied upon the condition that the persons receiving the same will make their own determination as to its suitability for their purposes prior to use.

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