A WAY RETURN AND WARRANTY POLICY

1.Introduction

This website can be accessed at www.awayonline.co.za, related mobile-sites and software applications (the “Website”) and is owned and operated by A WAY.
These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods.
The Website enables you to shop online for an extensive range of goods including air conditioning and associated accessories (“Goods”).

2.Returns

Please refer to our Returns Policy for more information about returning products (and related refunds, replacements or repairs). The Returns Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).

3. Sales and Availability of Stock

Users may place orders for Goods, which A WAY may accept or reject. Whether or not A Way accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorization by A WAY for the Goods.
Prior to delivery or your collection of the Goods, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery or your collection of the Goods, you may return the Goods only in accordance with the Returns Policy.
Placing Goods in a Wishlist, shopping basket or a quotation/proforma invoice without completing the purchase cycle does not constitute an order for such Goods, and as such, Goods may be removed from the shopping basket or quotation/proforma invoice if stock is no longer available or the price thereof might change without notice to you. You cannot hold A WAY liable if such Goods are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.
AC Direct reserves the right without notice to reject any payment of a quotation or proforma invoice if prices of the goods have changed.
You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. In the case of Goods for sale by A WAY, A WAY will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Goods are no longer available after you have placed an order, A WAY will notify you and you will be entitled to a refund of any amount already paid by you for such Goods.
In the case of Goods for sale by A WAY. AWAY relies on inventory information supplied by the relevant Third Party Seller’s or suppliers and A WAY accordingly bears no liability for any inaccuracies in the information supplied to it. Consequently, should you order any Goods from AWAY which are in fact sold-out, you will be entitled to a full refund in line with our refund terms and conditions. A WAY will not be liable for any resulting dispute or consequential damages as a result of Goods no longer being available.
All offers, deals, discounts and pricing are available for the specified period and/or while stocks last. A WAY can not be held liable for any advertisement of deals that have already expired.
Any sale via the A WAY website or offline channel complies with the product specifications/terms & conditions as stated on the A WAY website.
All pricing is valid while stocks last.
1. Order are only confirmed at the time of an online order confirmation or full payment reflecting in A WAY's bank account.
2. A WAY reserves the right to reject a confirmed order should stock be sold out. If an order is rejected, an alternative item at its respective pricing at the time of the confirmation of the new order from the client will be offered. Alternatively, a refund will be done in accordance with our refund policies.
3. All installations are booked and within A WAY trading hours. Installation booking’s are scheduled on a first come first serve basis.
4. Any queries or complaints regarding deliveries, installations or customer services are to be directed via email to [email protected] only. Any query or complaint outside of this channel will not be attended to.
5. All queries or complaints will be attended to within 24 – 48 working hours.

4.Payment

We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
Payment can be made for Goods via –
1. debit card;
2. credit card: where payment is made by credit card, we may require additional information in order to authorize and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorization is obtained by us for the amounts. If we do not receive authorization your order for the Goods will be cancelled. You warrant that you are fully authorized to use the credit card supplied for purposes of paying the Goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;
3. direct bank deposit or electronic funds transfer: if you pay via direct bank deposit or electronic funds transfer, payment must be made within 5 (five) days of placing your order. A WAY will not accept your order if payment has not been received;
4. Instant EFT;
You may contact us to obtain a full record of your payment. We will also send you email communications about your order and payment.

5. Delivery of Goods

Our delivery charges are subject to change at any time, without prior notice to you, so please check the FAQs for the most up-to-date information. You will see the applicable delivery charges in your cart or on the product page when you check out.
Where it accepts your order, A WAY will deliver the Goods to you as soon as reasonably possible, but no later than 30 (thirty) days of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase price.
A WAY's obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order. A WAY is not responsible for any loss or unauthorized use of a product, after it has delivered the product to the physical address nominated by you.
We shall take all reasonable efforts to accurately deliver Goods on the Website. However, should there be any errors of whatsoever nature after the delivery and signed of the Goods, we shall not be liable for any loss, claim or expense relating to a delivery error.

6. We respect your privacy and will take reasonable measures to protect it, as more fully detailed below.

Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update your personal information.
You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
Subject to clause 14.6 below, we will not, without your express consent:
1. use your personal information for any purpose other than as set out below:
  1. in relation to the ordering, sale and delivery of Goods;
  2. to contact you regarding current or new Goods or services or any other goods offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us);
  3. to inform you of new features, special offers and promotional competitions offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us); and
  4. to improve our product selection and your experience on our Website by, for example, monitoring your browsing habits, or tracking your sales on the Website; or
2. disclose your personal information to any third party other than as set out below:
  1. to our employees and/or third party service providers who assist us to interact with you via our Website, email or any other method, for the ordering of Goods or when delivering Goods to you, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;
  2. to our divisions and/or partners (including their employees and/or third party service providers) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new goods or services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us);
  3. to law enforcement, government officials, fraud detection agencies or other third parties when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity, or to investigate violations of these Terms and Conditions;
  4. to our service providers (under contract with us) who help with parts of our business operations (fraud prevention, marketing, technology services etc.). However, our contracts dictate that these service providers may only use your information in connection with the services they perform for us and not for their own benefit;
  5. to our suppliers in order for them to liaise directly with you regarding any faulty Goods you have purchased which requires their involvement.
  6. We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on us, or to protect and defend our rights or property. In the event of a fraudulent online payment, A WAY is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.
  7. We will ensure that all of our employees, third party service providers, divisions and partners (including their employees and third party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality obligations in relation to your personal information.
  8. Ratings and Reviews: When you provide a rating or review of a Product, you consent to us using that rating or review as we deem fit, including without limitation on the Website, in newsletters or other marketing material. The name that will appear next to that rating or review is your First Name, as you would have provided upon registration. If you do not agree to this, please do not put any ratings or reviews on the Website. We will not display your Last Name, nor any of your contact details, with a rating or review.

4.We will –

treat your personal information as strictly confidential, save where we are entitled to share it as set out in this policy;
take appropriate technical and organizational measures to ensure that your personal information is kept secure and is protected against unauthorized or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
provide you with access to your personal information to view and/or update personal details;
promptly notify you if we become aware of any unauthorized use, disclosure or processing of your personal information;
provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and 6. upon your request, promptly return or destroy any and all of your personal information in our possession or control, save for that which we are legally obliged to retain.
We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.
A WAY undertakes never to sell or make your personal information available to any third party other than as provided for in this policy.
Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorized or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.
If you disclose your personal information to a third party, such as an entity which operates a website linked to this Website or anyone other than A WAY, A WAY SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED BY YOU AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION TO THE THIRD PARTY. This is because we do not regulate or control how that third party uses your personal information. You should always ensure that you read the privacy policy of any third party.
This website makes use of “cookies” to automatically collect information and data through the standard operation of the Internet servers. “Cookies” are small text files a website can use (and which we may use) to recognize repeat users, facilitate the user’s on-going access to and use of a website and allow a website to track usage behavior and compile aggregate data that will allow the website operator to improve the functionality of the website and its content, and to display more focused advertising to a user by way of third party tools. The type of information collected by cookies is not used to personally identify you. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature. Please note that cookies may be necessary to provide you with certain features available on our Website, and thus if you disable the cookies on your browser you may not be able to use those features, and your access to our Website will therefore be limited. If you do not disable “cookies”, you are deemed to consent to our use of any personal information collected using those cookies, subject to the provisions of this clause.

7. Changes to there Terms and Conditions

A WAY may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.
Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.

8. Electronic Communications

When you visit the Website or send emails to us, you consent to receiving communications from us or any of our divisions or partners electronically in accordance with our privacy policy.

9. Ownership & Copyright

The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of A WAY, its advertisers and/or sponsors and/or is licensed to A WAY.
You will not acquire any right, title or interest in or to the Website or the Website Content.
Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorized in terms of these Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any Website Content contact us.
Where any of the Website Content has been licensed to A WAY or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.

10. Disclaimer

The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
Whilst A WAY takes reasonable measures to ensure that the content of the Website is accurate and complete, A WAY makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by A WAY representatives, A WAY shall not be bound thereby.
A WAY disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.
Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
Any views or statements made or expressed on the Website are not necessarily the views of A WAY, its directors, employees and/or agents.
In addition to the disclaimers contained elsewhere in these Terms and Conditions, A WAY also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardize or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardize, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or willful misconduct of A WAY, its employees, agents or authorized representatives. A WAY thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.