All orders will be subject to these terms and conditions. Please read them carefully. If you visit or shop on this website, you automatically accept these conditions.
Privacy
Please review our Privacy Policy, which also governs your visit to earthoil.co.za and earthoil.co.za, in order to understand our practices.
Electronic Communications
When you visit earthoil.co.za or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications require.
Intellectual Property
By using this site, you acknowledge that all intellectual property rights in the goods supplied, including copyright and design rights belong to Earth Oil. All photos, text, and images of earthoil.co.za products provided on the website may only be reproduced on websites that provide links to this website and where the material is clearly credited to Earthoil.co.za or otherwise only with written permission from us.
Information on this website
We do all we can to ensure that the information on the website is accurate and up to date. Information such as product ingredients, colours, and packaging, in particular, may vary slightly. All information including prices may be subject to change without notice.
Pricing
Earth Oil is not a VAT registered company. Therefore all prices on our website are stated exclusive of VAT and will be charged as they are published on this site at the time of placing an order. All prices exclude freight and any other charges that may apply unless otherwise stated. Our prices may fluctuate and Earth Oil reserves the right to change prices in accordance with price changes from our suppliers, market conditions, or any other external factor. Should there be a pricing error on the website, in any correspondence from Earth Oil or by any other communicative method, the right is reserved by us to cancel the order and offer the product(s) and/or service(s) at the correct price. While Earth Oil tries to ensure that all prices are accurate, errors may occur. If, prior to delivery of the products, Earth Oil discovers an error in the price of the products ordered, or the price changes as a result of circumstances beyond our control, Earth Oil may change the product’s price and such changes shall apply to any purchase order placed with Earth Oil. The client will always be informed of such a change and will be given the opportunity to opt out of the order.
Cancellation of order
Orders may be made through the website, by email, in writing, and are considered confirmed by means of Order Confirmation in writing only. Amendments to orders and cancellations of orders must be received by email, or another form of written correspondence, but may be accepted by another method, subject to the agreement of Earth Oil. Late cancellation, which refers to orders cancelled 24 hours before expected dispatch, may still be accepted, unless the product has already been dispatched, but a late cancellation will incur a 15% admin charge.
Payment
By clicking on the “Confirm Order” button, you commit to buying the products selected at the prices indicated plus the additional delivery charges. You will receive an e-mail with invoice and banking details from Earth Oil. All orders must be prepaid before supply. Attempts to proffer payment that are found to be fraudulent or in any way unlawful will be reported to the relevant authorities.
Delivery
You become the owner of all goods once they have been dispatched from our warehouse and paid for in full. If a certain product is temporarily not in stock, we will inform you as soon as possible, indicating the estimated delivery time. Delivery will only take place on orders that have satisfied the criteria in section “Payment” above. The delivery option chosen, gives the time of delivery between our warehouse and the customer. Estimated delivery dates and times are estimates, and Earth Oil accepts no responsibility for delivery delays. The place of delivery is that which is specified on the order form. Refusal of delivery without Earth Oil’s prior consent will result in you being liable for all costs, or losses resulting from that refusal, and if applicable, your continuing refusal to accept delivery. Part delivery of an order may be made subject to the agreement of both parties, and the payment by the customer of any extra freight charges incurred in the process. Goods are dispatched within 24 to 48 hours; you will receive an email confirming the shipping method and also the tracking number. We use the following shipping methods: South African Post Office – Standard delivery, Overnight delivery counter-to-counter, Aramex, Paxi.
Risk of loss
All items purchased from Earth Oil are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Returns / Refunds
If on receiving your product, you are not delighted with your purchase, let us know via email within 7 days. You can return your product within 7 days, for a full refund provided it is in the original packaging and the product not used. There is no charge for returns done within 7 working days.
Damaged or defective items
Earth Oil can replace items only if they are defective or damaged. Damaged in transit products must be reported to Earth Oil via e-mail within 48 hours of receipt. After the passing of these 48 hours, the customer is deemed to have accepted the product(s). This does not affect your statutory rights. There is no charge for returns done within 7 working days. Please note, we do not take responsibility for products which were damaged by the customer.
Applicable Law
By visiting earthoil.co.za you agree that the laws of South Africa, without regard to principles of conflict of laws, will govern these Terms & Conditions and any dispute of any sort that might arise between you and Earth Oil.
Disputes
Disputes arising between Earth Oil and the customer shall be sought to be solved amicably and should it fail to be solved in this manner, each of the parties can take the case to the relevant court of law. Any dispute relating in any way to your visit to Earthoil.co.za or to products you purchase through Earth Oil shall be submitted to confidential arbitration in South Africa except that, to the extent you have in any manner violated or threatened to violate Earth Oil’s intellectual property rights. Earth Oil may seek injunctive or other appropriate relief in any provincial or federal court and you consent to exclusive jurisdiction and venue in such courts.
Termination
The agreement for sale or supply may be terminated by Earth Oil, if the customer fails to pay on time, or breaches the agreement. Either party to the agreement may terminate the aforementioned agreement if either party has committed a material or indeed persistent breach of the agreement, or the other becomes insolvent, ceases trading, or is unable to pay arising debts.
Force Majeure
In the event of circumstances beyond Earth Oil’s control, we are not liable for delays in performance and completion. Earth Oil will exercise a time extension for performance in the following situations: strikes, fire, war, acts of terror, shortages in stock, exchange fluctuations, currency shortages, riots, violent disorder, shortage in transportation, governmental or regulatory action, natural disasters, or shortages or delays in deliveries from suppliers or manufacturers or any other event that causes the same result. Either party can terminate the agreement for sale without compensation after two months or any time thereafter.
Alterations to these Terms & Conditions
Earth Oil reserves the right to change the terms and conditions listed herein, as a result of changes in legislation, or other extenuating factors occurring.
Jurisdiction
South African legislation and the jurisdiction of the South African courts apply to this agreement.
Agreement
By ordering from earthoil.co.za you are deemed to have accepted the terms and conditions herein. If any part of this agreement is found to be invalid or unenforceable by a court, such a provision is entirely severable, and the rest of the document remains unaffected.