OUR TERMS & CONDITIONS
The website http://www.illumina.co.za. (the "website") is owned and operated by Illumina (Pty) Ltd. 1971/002441/07 of 57 Bofors Circle, Epping 2, Cape Town, 7460. The Company includes representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners and co-branders.
In its operation of the website, www.illumina.co.za offers products for sale in its own right and on behalf of third party sellers. When you place an order with Illumina(Pty)Ltd., the products may be supplied to you by us or by a third party seller and the legal relationship of 'buyer' and 'seller' will be between you and the respective supplier. Where the products are supplied by a third party, they have agreed to be bound by these terms and conditions of sale and any reference to 'we' 'our' or 'us' applies to that supplier.
In any event, these Terms and Conditions govern the supply of any product ordered by you on the website. By ordering a product, you agree to be legally bound by these Terms and Conditions.
These Terms and Conditions are our copyrighted intellectual property. Use by third parties – even of extracts – for the commercial purposes of offering goods and/or services is not permitted. Infringements may be subject to legal action.
When placing an order online, you must be over 18 years of age, possess a valid credit or debit card and register for an account on the website. Only payments with South African cards, Bitcoin, MobiCred – when available or Instant EFT via Payfast will be accepted on www.illumina.co.za. To place the order you should follow the given instructions.
Irrespective of any previous price you have seen or heard, once you select a Product that you wish to order, you will then be shown or told (on the website) the charges you must pay including value added tax (VAT), if applicable, and any applicable delivery charges. Unless otherwise stipulated on the website, all charges are in the currency then in force in South Africa.
You shall pay for the Product in full and any applicable delivery charges when placing the order by supplying us with your credit or debit card details. Alternatively, you may pay by any method that we have said is acceptable to us. In any event, we shall not be bound to accept the order before we have received the funds in full.
You undertake that all details you provide to us for the purpose of purchasing the Product from us will be correct, that the credit or debit card, or account or other payment method which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the Product. We reserve the right to obtain validation of your payment details before providing you with the Product.
When you submit an Order, you agree that you do so subject to the prevailing Terms and Conditions.
We shall not be obliged to supply the Product to you until we have accepted your Order. We will send you an Acknowledgement with your Order reference number and details of the Product you have ordered. Illumina(Pty)Ltd. reserves the right to decline any order, for any reason (e.g. unavailability of supplies). In this case, we will promptly grant you a store credit or a full refund.
Illumina(Pty)Ltd. works closely with its suppliers to ensure that prices shown on the website are accurate. In the unlikely event that the price of your order changes before we accept your order, we will contact you and ask you to confirm that you wish to proceed at the amended price.
We know how important it is to you that you receive your product as soon as possible after purchasing it from Illumina(Pty)Ltd.. For those items that are in stock, we aim to deliver regular parcels to central areas in South Africa within 2-7 business days, to outlying areas within South Africa within 5-7 business days and special freight items within 15-21 business days from the date your payment has been received. For those products that are made to order, or are not currently in stock, please see the estimated availability date for each product.
We will notify you if we are unable to meet our estimated delivery timeframe but, to the extent permitted by law, we shall not be liable for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
Items will be delivered to the address you provided while placing an order. For special freight items the courier might contact you directly to agree on an appropriate delivery time.
If, for any reason, the courier cannot reach you at the agreed delivery time, we will provide you with the instructions to either collect the product(s) directly from a courier depot if possible (in case of regular parcels) or to re-arrange the delivery (in case of special freight). In these situations, Illumina (Pty)Ltd. reserves the right to charge you for any additional costs incurred (e.g. delivery and storage) or to cancel the sale contract, in which case, we will fully refund you the net amount (i.e. the amount you paid minus delivery costs or storage costs).
Upon delivery, you will be asked to sign a delivery form, in which you confirm that the product was delivered in the correct condition (without obvious defects or damage).
All risk in the Product shall pass to you upon delivery, except that, where delivery is delayed due to a breach of your obligations under a Contract, risk shall pass at the date when delivery would have occurred but for your breach. From the time when risk passes to you, we will not be liable for loss or destruction of the Product.
You shall ensure that you are ready for safe receipt of the Product without undue delay and at any time reasonably specified by us.
If you are not available to take delivery or collection, we may leave a card giving you instructions on either re-delivery or collection from the courier.
If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within two weeks of our first attempt to deliver the Product to you) accept delivery or collect the Product from the courier, then we may (without affecting any other right or remedy available to us) do either or both of the following:
It is your responsibility to ensure that the Products are sufficient and suitable for your purposes and meet your individual requirements. We do not warrant that the Products will meet your individual requirements. You acknowledge that the Products are standard and not made bespoke to fit any particular requirements that you may have.
We want you to feel perfectly confident when shopping online at www.illumina.co.za. Therefore, we give you the option to return any unopened, unused item in its original Illumina packaging that you bought from us for any reason within 10 days of receiving the item.
Prior to returning your product, please either send an email to email@example.com or call our customer care team on 021 534 3636. Our customer care team will provide you with all relevant guidelines to proceed with the return (e.g. delivery process). Please do not attempt to return any goods before speaking to our team; otherwise you may be responsible for any associated expenses if you do so.
You may also be required to fill in a returns form provided by us in order to proceed with the returns process. Once we receive the items, we will fully refund you the amount you paid for the product(s) less the 15% admin fee, as well as inbound and outbound delivery costs.
In the unlikely event that your item arrives damaged or faulty, you have 10 working days to notify Illumina(Pty)Ltd. Please send an email to firstname.lastname@example.org (after which one of our representatives will contact you), or directly call our customer care team on 021 534 3636.
You may be required to fill in a returns form and to send us images of the damaged product(s) for further assessment. Once assessed and approved by our team, you will be contacted to proceed with the returns process. Illumina(Pty)Ltd. will arrange a repair, replacement(if available) or give you a store credit for the full sale price. Please do not attempt to return the items before speaking to one of our specialists (you may be responsible for any associate expenses if you do so).
Please note that the following will void any warranty claims:
Our goods come with warranties that cannot be excluded under the Consumer Protection Act. You are entitled to a repair, replacement (if available) or a refund for a major failure. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
The Consumer Protection Act is relevant with certain statutory conditions and warranties in our consumer contracts, which cannot be excluded, restricted or modified. These are in addition to any voluntary warranties offered by the manufacturer or supplier. Where there is a breach of such a warranty relating to goods or services, and the breach is in terms of the Consumer Protection Act, a "major" failure, the remedy will be limited to a refund, a replacement or repair of your preference. In all other cases, a breach of such warranty will give rise to a refund, replacement or repair at our preference.
Illumina works closely with suppliers to ensure all products have appropriate warranties. Illumina (Pty) Ltd products have a 1 year warranty from date of receipt of invoice. This warranty will cover you against faulty workmanship and/or material.
Please email email@example.com or call our Customer Care Team on 021 534 3636 to submit a warranty claim. You may be required to send us images of the damage to aid in our assessments. We will then finalise your warranty claim. Please do not attempt to return an item before speaking to one of our specialists (you may be responsible for any associated expenses).
In the case of a valid warranty claim, Illumina (Pty) Ltd will strive to repair the product. If that is not possible, the product will be replaced (if available). Should Illumina (Pty) Ltd be unable to repair or replace the product, a credit/refund will be passed on to you for the value of the product on date of invoice.
We provide the following express warranties subject to the following Terms and Conditions:
Illumina have to request a refund via Payfast if the money is still in the Illumina Payfast Account. Illumina will send a credit memo to the customer online, but the refund will happen offline. If the money is already in the Illumina bank account Illumina will do a direct EFT to the customer Account.
If you prefer a store credit, we can issue a store credit with the credit value – this will be in the form of a voucher or coupon code.
In order to obtain these remedies:
We aim to process refunds and replacements within 15 days of receipt by us of the original product.
We will not refund or replace a product where in our reasonable opinion the product has - following the sale to you:
Where any law implies a warranty into this agreement, which may not be lawfully excluded, to the extent allowed by law, our liability for breach of the warranty will at our option be limited to:
In case of return rejection you will cover return courier costs.
You may use promotional vouchers and gift vouchers as payment for products on the website. To redeem vouchers to your account or check an existing credit, please visit My Account on the website.
We may email gift and promotional vouchers to you. We accept no liability for errors in the email address of the voucher recipient.
In the event of fraud, an attempt at deception or in the event of the suspicion of other illegal activities in connection with a gift voucher purchase or redemption of that voucher on the website, we are entitled to close your account and/or require a different means of payment.
We assume no liability for the loss, theft or illegibility of gift or promotional vouchers.
Promotional vouchers are valid for the specified period only, and they can only be redeemed once and cannot be used in conjunction with other promotional vouchers. Individual products may be excluded from voucher promotions.
A voucher is considered to have been redeemed if it is used as payment in placing an order. If the credit of a gift voucher is insufficient for the order you wish to make, you may make up the difference through payment. You may use as many gift vouchers as you wish in paying for an order, and gift vouchers may be used in conjunction with one promotional voucher per order.
This clause prevails over all other clauses and sets forth our entire Liability, and your sole and exclusive remedies, for:
Any person that delivers or attempts to deliver any damaging code to this Site or attempts to gain unauthorised access to any page on this Site shall be prosecuted and civil damages shall be claimed in the event that Illumina(Pty) Ltd. suffers any damages or loss.
You agree and warrant that your login name and password shall:
You allow Illumina(Pty)Ltd. to take all reasonable steps to ensure the integrity and security of the Site and back-office applications.
Illumina Pty Ltd. uses the PayFast Online Portal for payments. PayFast use Extended Validation SSL with 256-bit encryption. Only two of the four major South African banks use this –the highest– level of encryption currently available. 3D Secure is in place for all credit card transactions. They use BIN/IIN validation to check for card-issuing bank locations and merchants can choose to enable/disable payments from certain countries. Payments and card details are automatically checked against large online databases of blacklisted details. For more details you can visit the Payfast website here.
We shall not be liable to you for any breach, hindrance or delay in the performance of a Contract attributable to any cause beyond our reasonable control, including without limitation any natural disaster and unavoidable incident, actions of third parties (including without limitation hackers, suppliers, governments, quasi-governmental, supra-national or local authorities), insurrection, riot, civil commotion, war, hostilities, warlike operations, national emergencies, terrorism, piracy, arrests, restraints or detainments of any competent authority, strikes or combinations or lock-out of workmen, epidemic, fire, explosion, storm, flood, drought, weather conditions, earthquake, natural disaster, accident, mechanical breakdown, third party software, failure or problems with public utility supplies (including electrical, telecoms or Internet failure), shortage of or inability to obtain supplies, materials, equipment or transportation ("Event of Force Majeure"), regardless of whether the circumstances in question could have been foreseen.
Either you or we may terminate a Contract forthwith by written notice to the other in the event that the Event of Force Majeure lasts for a period of two Business Days or more, in which event neither you nor we shall be liable to the other by reason of such termination (other than for the refund of a Product already paid for by you and not delivered).
If we have contracted to provide identical or similar Products to more than one Customer and are prevented from fully meeting our obligations to you by reason of an Event of Force Majeure, we may decide at our absolute discretion which contracts we will perform and to what extent.
Any notice under a Contract shall be in writing and may be served by personal delivery or by pre-paid registered letter or by email address to the relevant party at the address or email address of the relevant party last known to the other.
Any notice given by post shall be deemed to have been served two Business Days after the same has been posted if the recipient address is in South Africa. Any notice given by email shall be deemed to have been served when the email has been proved to be received by the recipient's server. In proving such service it shall be sufficient to prove that the letter or email was properly addressed and, as the case may be, posted as a prepaid or recorded delivery letter or despatched or a delivery report received.
This Site is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law and, subject to the clause 17 of these Terms and Conditions, you and Illumina(Pty)Ltd. submit to the non-exclusive jurisdiction of the South African courts.
Save for urgent or interim relief which may be granted by a competent court, in the event of any dispute of any nature whatsoever arising between you and Illumina(Pty)Ltd. on any matter provided for in, or arising out of these Terms and Conditions, and not resolved through the Customer Relations Department of Illumina(Pty)Ltd., then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. The expedited arbitration rules may be downloaded from http://www.arbitration.co.za/downloads/expedited_r....
Illumina(Pty)Ltd. chooses as its address for all purposes under these Terms and Conditions, whether in respect of court process, notice, or other documents or communication of whatsoever nature, the following address: PO Box 31, Eppindust, Cape Town, South Africa, 7475 with a copy to firstname.lastname@example.org (the sending of such copy being required in order for any notice to be validly delivered to Illumina(Pty)Ltd.).
We shall use our reasonable endeavours to comply with any relevant regulations relating to the Site published by the Advertising Standards Authority.
When subscribing to the Illumina(Pty)Ltd. newsletter or entering your phone number when creating an account, you consent to receive communications from Illumina(Pty)Ltd. via email or sms. You will be able to, at all times, opt out of either of these forms of communication.
These Terms and Conditions shall commence from the date on which they are published on the Site and continue indefinitely, as amended by Illumina(Pty)Ltd. from time to time, for so long as the Site exists and is operational, Illumina(Pty)Ltd. being entitled to terminate these Terms and Conditions and/or shut down the Site at any time (subject to still processing any orders then already placed and accepted by Illumina(Pty)Ltd.). However, for your future reference, we advise you to print and keep a copy of these Terms and Conditions, your Order, the Acknowledgement and the Confirmation of Order.
No failure or delay by us or you in exercising any right under these Terms and Conditions or a Contract shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish our or your rights under these Terms and Conditions or a Contract.
If any clause in these Terms and Conditions or a Contract shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as these Terms and Conditions or a Contract shall be capable of continuing in effect without the unenforceable term.
You shall not assign, transfer, novate, charge, sub-contract, create any trust over or deal in any other manner with these Terms and Conditions or a Contract or all or any of your rights or obligations under these Terms and Conditions or a Contract.
Nothing in these Terms and Conditions or a Contract shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between you and us.
No person who is not a party to these Terms and Conditions or a Contract shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any party to these Terms and Conditions or that Contract its assent to any such term.
A full record of every sale and related transaction between you and Illumina(Pty)Ltd. shall be maintained on the Site for a period of 12 months following the date of such sale or related transaction. You shall thus only be able to view and print such record during such period, where after you shall be responsible for retaining your own record of the relevant sale or related transaction.
Any and all copyright subsisting in the Website, including these Terms and Conditions, vests in Illumina(Pty)Ltd. and all rights not expressly granted are reserved.
When you visit the Site or send e-mails to Illumina(Pty)Ltd., you consent to receiving communications from Illumina(Pty)Ltd. electronically and agree that all agreements, notices, disclosures and other communications sent by Illumina(Pty)Ltd. satisfy any legal requirements, including but not limited to the requirement that such communications should be in "writing".
These terms are subject to the provisions of the Electronic Communications and transactions Act no. 25 of 2002 (the Act") and any of the terms that are in conflict with any of the compulsory provisions of the Act will be deemed to have been modified so as to comply with such provisions of the Act.
We reserve the right to amend these Terms and Conditions at any time. All amendments to these Terms and Conditions will be posted online. Continued use of the website will be deemed to constitute acceptance of the new Terms and Conditions.
Save for Illumina(Pty)Ltd. being liable to you –
Neither Illumina(Pty)Ltd. nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this Site or the services or content provided from and through this Site. Furthermore, Illumina(Pty)Ltd. makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this Site are free from errors or omissions or that the service will be 100% uninterrupted and error free. You are encouraged to report any possible malfunctions and errors to email@example.com.
Although the products sold via the Site may be under warranty, the Site itself is supplied on an "as is" basis and has not been compiled or supplied to meet your individual requirements. It is your sole responsibility to satisfy yourself prior to accepting these Terms and Conditions that the service available from and through this Site will meet your individual requirements and be compatible with your hardware and/or software. Information, ideas and opinions expressed on this Site should not be regarded as professional advice or the official opinion of Illumina(Pty)Ltd. and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Site.
Please note: All registered Trade Accounts (whether on cash or 30 day) will adhere to the STANDARD ILLUMINA TRADE CONDITIONS OF SALE as signed by an approved representative of your organisation when buying ONLINE (when being logged into your online profile and checking out using the website procedure) or for those who prefer to order OFF LINE (telephone or email orders). If unclear, please contact your Key Account Manager.
Updated 17 January 2017