This website, www.usn.co.za, (“our website”) is owned and operated by: Ultimate Sports Nutrition Pty Ltd (‘USN’), a company registered in accordance with the Company Laws of the Republic of South Africa and with registration number 2005/025229/07, which has its principal place of business at Building C, Southdowns Office Park, 2nd Floor, 21 Karee Street, Irene Ext.54, Centurion. Should you have any queries or questions regarding our products or services, these T’s & C’s and/or our website, please address your queries to firstname.lastname@example.org. Please note that the use of our website, our products and all online orders at www.usn.co.za are subject to the terms and conditions contained herein. Please ensure that you have read and understood these Terms and Conditions (T’s & C’s) before using this website, placing any orders and/or entering into any sort of credit and/or COD agreement with ourselves.
These are the terms and conditions on which we will contract with you (“the Conditions”).
APPLICATION OF TERMS
All Contracts shall be subject to these Conditions (T’s & C’s) to the exclusion of all other T’s & C’s (including any terms or conditions which the Buyer purports to apply under any purchase order, confirmation of order, specification or other document).
Any alternative T’s & C’s or any addition, alteration or variation to these T’s & C’s or representations about the Goods shall not apply unless they are expressly agreed in writing and signed by the Company.
Any order or acceptance of a quotation for Goods by the Buyer to the Company shall be deemed to be an offer by the Buyer to purchase Goods subject to these Conditions.
No order placed by the Buyer shall be deemed to be accepted by the Company until a written acknowledgement of order is issued by the Company or (if earlier) the Company delivers the Goods to the Buyer. The acknowledgement of an order by a message on the Company’s website or an e-mail shall constitute confirmation or acceptance of such order. The order confirmation e-mail will state the following: the goods to be delivered; the delivery fees; Value-Added Tax and the amount debited from your payment card.
The Buyer shall ensure that the terms of its order and any applicable specification are complete and accurate.
All samples, drawings, descriptive matter, specifications and advertising issued by the Company and any descriptions or illustrations contained in the Company’s catalogues, brochures or on its website are
issued, published or displayed for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Contract and shall not be treated as constituting any warranty, representation or condition in relation to any of the Goods. This is not a sale by sample.
Goods will only be delivered once payment has been confirmed by USN where after the Goods will be delivered as follows:
to the Buyer by courier services, Dawn Wing.
to the specified physical delivery address as stated on the online order form.
on any day from Mondays to Fridays, between 08:00 and 17:00.
If the Buyer does not properly accept delivery, the Goods will be deemed to have been delivered and risk in the Goods will pass to the Buyer (including for loss or damage caused by the Company’s negligence).
Any complaint of short delivery or defects discoverable on reasonable inspection must be notified to the Company within 7 days of receipt of the Goods and confirmed in writing at that time by the Buyer to the Company.
The Company shall give credit for any defective Goods provided that condition 4.4 has been complied with and that the defective Goods have been returned to the Company, accurately identified and packaged appropriately. The Company’s liability for non-delivery of Goods shall be limited to issuing a credit note at the appropriate rate within a reasonable time.
Any dates specified by the Company for delivery of the Goods are intended to be an estimate and time for delivery shall not be of the essence.
No delivery fees are charged for orders over R600. Orders under R600 have a R60 flat rate delivery fee.
No deliveries will be made on weekends and public holidays. We will use our best endeavours to effect deliveries within the above stated time. Whilst we will endeavour to ensure that goods are delivered timeously, we shall not be responsible for any delays in the delivery of such goods, and you will not be entitled to refuse acceptance of such late deliveries.
Upon delivery of the goods, you or any other person to be found at the specified delivery address will sign our official delivery note or the delivery note of any authorised independent carrier which signature will constitute delivery of the goods purchased.
For verification purposes, the person accepting delivery at the delivery address may be required to produce a form of identification. Any person other than yourself who receives the products at the delivery address is presumed to be authorised to accept delivery on your behalf.
Should no one be in attendance at the time of delivery, the driver of the courier service will return the products to our warehouse and leave a notice at the delivery address to this effect. The delivery service will attempt to contact you in order to arrange for an alternative delivery time. We reserve the right to charge an additional delivery fee should it be required in the circumstances.
Risk in the Goods shall pass to the Buyer upon delivery.
Ownership of the Goods shall not pass to the Buyer until the Company has received in full (in cash or cleared funds) all sums due to it in respect of:
the Goods; and
all other sums which are or which become due to the Company from the Buyer on any account.
PRICE AND PAYMENT
Unless otherwise agreed by the Company in writing, the price for the Goods shall be the price set out on the Company’s website (inclusive of Value Added Tax) as at the date of delivery or deemed delivery. The Company reserves the right to
alter the prices of any goods and services from time to time and without prior notice to you.
Payment for the Goods shall be made, without any set-off, deduction or counterclaim whatsoever. We will debit the total value of your online order against the payment card tendered by you during the online order process. Time for payment shall be of the essence.
No payment shall be deemed to have been received until the Company has received cleared funds via the payment gate with a 3D Secure enabled card or Instant EFT. Only bank cards of South African banks are accepted, no foreign bank cards.
By submitting your order, name, ID number and payment card details you warrant that you are over the age of 18 (eighteen), are authorised to make payment with the payment card and that there are sufficient funds available to pay for the order.
All payments payable to the Company under the Contract shall become due immediately on its termination despite any other provision or any act or proceedings which involves the solvency of the Buyer.
You must notify us in writing within 24 hours after submission of the online order of your intention to cancel the Contract/order. Notification of cancellation must be submitted to: email@example.com. It will only be possible to cancel the order if it has not already been sent out for delivery. If it has been sent out for delivery already you will have to wait for the parcel to arrive and then still email us at firstname.lastname@example.org. You will be able to view the status of your order in your ‘My Account’.
Cancellation of Contracts/orders will be accepted at our sole and absolute discretion and we do not provide a warranty that any cancellation of any order will be accepted.
If you cancel your payment for any reason or if your payment card should cease to be valid for whatever reason, you will nevertheless be bound to pay to the full purchase price, including all costs incurred by us relating to the Contract and the cancellation thereof.
LIMITATION OF LIABILITY
The following provisions set out the entire financial liability of the Company (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Buyer in respect of
All warranties, conditions and other terms implied by statute or common law are to the fullest extent permitted by law excluded from the Contract.
The Company shall not be liable for
The Company’s total liability in contract, delict, misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of the Contract shall be limited to the price paid by the Buyer for the Goods and the Buyer shall be responsible for making its own arrangements for the insurance of any excess loss.
The Buyer shall not be entitled to assign the Contract or any part of it without the prior written consent of the Company.
The Company reserves the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Goods ordered by the Buyer (without liability to the Buyer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Company including, without limitation, acts of God, governmental action, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of 6 months, the Buyer shall be entitled to give notice in writing to the Company to terminate the Contract.
Each right or remedy of the Company under the Contract is without prejudice to any other right or remedy of the Company whether under the Contract or not.
If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidable, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.
Failure or delay by the Company in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of any of its rights under the Contract.
Any waiver by the Company of any breach of, or any default under, any provision of the Contract by the Buyer shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract.
The parties to the Contract do not intend that any term of the Contract shall be enforceable by any person that is not a party to it.
The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by the laws of the Republic of South Africa and the parties submit to the exclusive jurisdiction of the South African courts.
Notices: Any notice required or permitted to be given by either party to the other under this Agreement shall be in writing and addressed to the other party at its registered office, principal place of business or, where the Buyer is a consumer, home or such other address as may at the relevant time have been notified to the party giving the notice where such notice shall be deemed to have been given when delivered if delivered by hand and 2 working days following the date in which the said notice was so posted.
PLEASE EXPECT DELAYS DURING LOCKDOWN PERIOD – DELIVERIES TAKE BETWEEN 5 AND 7 WORKING DAYS AS A RESULT OF THE EXCESSIVE NUMBER OF ORDERS!
Please see details of our delivery and shipping terms and conditions in our FAQ’s: Delivery Policy, which are incorporated by reference. In order to consider and process your registration, USN will require you to provide USN with information, including personal details and your delivery address. Please ensure that you provide a valid street address where somebody will be available to receive the parcel between 8am and 5pm as the courier service cannot provide specific delivery times. If you are unlikely to be at home during those hours, please provide an alternative address at the time of ordering. Orders are dispatched from our warehouse within 48 hours of being received, except on a Friday, when orders are dispatched the following Monday. Delivery normally takes place within 72 hours of placing an order to metropolitan areas. Regional deliveries can take up to 5 working days. All orders place before 2pm on a business day will be dispatched that day. Orders received after 2pm will be dispatched the following business day.
Please refer to our Returns Policy for more information about cancelling orders after delivery, and about returns. The Returns Policy is incorporated by reference (which means that it forms part of these Terms and Conditions). If you are not satisfied with your purchase and would like to return the goods, please email us at email@example.com within 7 days (unless otherwise specified) after receiving your parcel, specifying the reason for the return. If the return request is valid, a collection of the product in question will be done by DawnWing and it will be returned to USN for inspection. If you receive your order and find that it has been damaged, is defective in any way or is not the item which you ordered, then USN will arrange a refund by means of a voucher code which can be used again on www.usn.co.za. The voucher code will be sent to you by email. USN will only refund your credit card if no other resolution can be found for the situation. Please do not return an item without informing USN and please ensure that all returned goods are clearly marked with your name and original order details.
Returned products, excluding products that have been found to be defective, must meet the following criteria to be eligible for a refund:
If the product has been opened, USN will only issue a refund if the product is found to be faulty/defective/inconsumable. You have 7 days to email us about it. The Quality Control team will inspect the product and compare it versus the retention sample before issuing the customer with a voucher code to the same amount of that of the product purchased initially. If the product has been opened and isn’t defective, it cannot be returned to USN. Please contact USN on firstname.lastname@example.org if you have any questions or queries regarding your return. Please note that returns can take between 7-10 business days to be received and processed, however, USN will do our best to minimise any delay.