Ubiquiti - UI South Africa Store Terms and Conditions

UI South Africa Store Terms and Conditions

OUR TERMS AND CONDITIONS WERE UPDATED ON APRIL 6, 2023

Ubiquiti South Africa Proprietary Limited, a company incorporated under the laws of South Africa with company number 2021/111067/07, whose registered office is at B4 Century Square, Heron Crescent, Century City, (“Ubiquiti”, “we” or “us”) sells products (“Products”) at https://za.store.ui.com/ (collectively, the “UI Store”).

These Terms and Conditions (“Terms”) govern the user's ("you" or "your") use of the UI Store and sets out the rights and obligations applicable to the agreement formed between us and you upon your order and purchase of any Products on the UI Store.

BY ACCESSING OR PLACING AN ORDER ON THE UI STORE, YOU ARE AGREEING TO BE BOUND BY THESE TERMS. ALL ADDITIONAL GUIDELINES, TERMS, OR RULES ON THE UI STORE, INCLUDING THE GENERAL TERMS OF SERVICE, THE PRIVACY POLICY AND THE LIMITED WARRANTY ARE INCORPORATED BY REFERENCE INTO THESE TERMS AND YOU ARE AGREEING TO ACCEPT AND ABIDE BY THEM BY ACCESSING OR PLACING AN ORDER ON THE UI STORE.

FOR IMPORTANT DISCLAIMERS OF WARRANTY AND LIMITATION OF LIABILITY, SEE SECTION IV.

Order and Pricing
- We may, in our sole discretion, based on reasonable grounds which will be communicated to you, refuse or cancel any order and limit order quantity. You agree that your order is an offer to buy the Products or services listed in your order. Your receipt of a confirmation from us, constitutes an acknowledgment of your order placement; following which, the price for the Products or services will be reserved. We reserve the right at any time after receiving your order to accept, decline or limit your order based on reasonable grounds. If we cancel your order, we will refund you the full amount paid.
- We may make changes to any Product or services offered on the UI Store, or to the applicable prices for any such Products or services, at any time, without notice, however we will clearly set out the full price of the Products or services, including transport costs, taxes and any other fees or costs related to such Products or services.
- Prices shown are in South African Rands (ZAR). If you are paying for your order with an international credit card, please note that the purchase price may fluctuate with exchange rates. In addition, your bank or credit card issuer may also charge you foreign conversion charges and fees, which may also increase the overall cost of your purchase. Please contact your bank or credit card issuer regarding these fees.
Shipping; Availability.
- The title of the purchased Products passes to you when the Product is shipped. You acknowledge that shipment or delivery dates may not be available when your order is placed, including, but not limited to, orders for Products with extended lead time. We will however, communicate the lack of availability of such delivery dates to you upon becoming aware of this circumstance.
- While we work hard to ship out orders as soon as possible, there may be certain circumstances that delay your order, such as low Product availability. In this instance we will notify you that the Products or services ordered are delayed or unavailable and cancel your agreement with us, following which, we will refund any payments made within thirty (30) days of informing you of the cancellation.
- You agree that all shipment or delivery dates provided to you upon acceptance of your order are estimates only and agree that in no event will we be liable for any loss, damage or penalty resulting from any delay in shipment or delivery.
- Ubiquiti may make partial shipments of your order, to be separately invoiced and paid for when due. Any delay in delivery of any instalment will not relieve you of your obligation to accept the remaining deliveries. Ubiquiti shall not be liable for any failure to ship complete orders or for any shipment delay, however we will notify you if there are to be any shipment delays or where Products become unavailable as contemplated in Section II(a).
Returns
- Refunds.
  - Unopened Products: Any unopened Product purchased directly from the UI Store may be returned for a refund within 30 days of purchase with a valid proof of purchase
  - Opened Products: Products purchased directly from the Stores that are opened may be returned for a refund subject to the following conditions.
    - Items may only be returned within 14 days of purchase.
    - A 15% restocking fee may be applied, unless such Product is returned within seven (7) days of receipt of the Product.
  - You should be aware that you are under an obligation to take reasonable care of the product(s) while they are in your possession. This means including all of the Product(s) instructions, documents and wrappings when returning the Product(s) and returning the Product(s) in the same condition as received.
  - To return Products under these conditions, please contact us at store@ui.com.
- Defective Products
  - Defective Products purchased from the UI Store may be returned for repair or replacement by submitting a Return Merchandise Authorization (“RMA”) request if they are under warranty. For more information, please review the Limited Warranty.
  - To submit a request for repair or replacement of any defective Products, please submit a Return Merchandise Authorization request here.
- Return Expenses. In either case of return under Sections III(a) or III(b), you are responsible for all shipping charges of returned items and, if you choose, the cost to insure the shipment, or accept the risk of loss or damage during shipment.
- For Products purchased from a third-party retail store, each individual retailer will have its own returns policy. Please contact the retailer you purchased from to determine its return policy and process. The return policy described in this Section III applies to Products purchased directly from the UI Store.
Limitations of Warranty and Liability
- The warranty for the Product is set forth in the Limited Warranty.
- DISCLAIMER OF WARRANTIES: THE LIABILITY OF UBIQUITI AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AGENTS, OR LICENSORS TO YOU OR TO ANY THIRD PARTY IS LIMITED TO DAMAGES ARISING FROM: (I) DEATH, PERSONAL INJURY OR ILLNESS; OR (II) ANY LOSS OR PHYSICAL DAMAGE TO PROPERTY; OR (III) ANY ECONOMIC LOSS SUFFERED BY YOU AND CAUSED BY THE SUPPLY OF UNSAFE, DEFECTIVE OR HAZARDOUS PRODUCTS BY UBIQUITI'S (OR ITS AGENTS') OR AS A RESULT OF UBIQUITI'S (OR ITS AGENTS') FAILURE TO PROVIDE YOU WITH ADEQUATE INSTRUCTIONS OR WARNINGS IN RESPECT OF ANY HAZARD ASSOCIATED WITH THE PRODUCTS OR SERVICES ("STATUTORY LIABILITY").
- NON-STATUTORY LIABILITY: SAVE FOR AND SPECIFICALLY EXCLUDING UBIQUITI'S AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AGENTS, OR LICENSORS STATUTORY LIABILITY, UBIQUITI OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AGENTS OR LICENSORS WILL NOT BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY OR OTHERWISE) FOR ANY OTHER DAMAGES WHATSOEVER ("NON STATUTORY LIABILITY"), INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF MONEY, REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF UBIQUITI AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AGENTS, OR LICENSORS WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE OR PURCHASE OF ANY PRODUCT FROM THE UI STORE. IF, NOTWITHSTANDING THE TERMS PERTAINING TO ANY NON STATUTORY LIABILITY, UBIQUITI IS FOUND TO BE LIABLE, SUCH LIABILITY WILL BE LIMITED TO THE AMOUNT PAID BY YOU TO UBIQUITI UNDER THIS AGREEMENT IN THE CONTRACT YEAR IN WHICH THE BREACHES OCCURRED. THE FEES ACTUALLY PAID BY YOU TO UBIQUITI FOR THE SERVICES OR PRODUCT AT ISSUE IN THE PRIOR 12 MONTHS. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM.
End User Only. Ubiquiti sells and ships Products purchased on the UI Store to end-users only, and Ubiquiti reserves the right to refuse or cancel your order if we suspect you are purchasing Products for resale.
Import and Export Regulation. Products purchased from the UI Store are of U.S. origin and are subject to U.S. and foreign export control laws and regulations. You may not use or export or re-export any Product or service offered on the UI Store in violation of any applicable laws or regulations, including, without limitation, the U.S. export laws and regulations.