Terms and Conditions

Updated November 2020

1. INTRODUCTION

1.1 Your use of all services supplied by Arid Earth Solutions cc, including using this website, orders placed with us via the Horticulture Hub Website, transactions, quotations, proposals, offers to contract and contracts (whether written or oral) will be governed by these Terms and Conditions. The operation of these Terms and Conditions may only be amended by Arid Earth Solutions in a subsequent agreement entered into and signed by you and Arid Earth Solutions.

1.3 These Terms of Conditions apply to all users of the website and the Hub, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

1.5 Arid Earth Solutions enables you to order irrigation products and equipment directly from our Website or via the Horticulture Hub Website.

1.6 Arid Earth Solutions also offers irrigation design and consulting services to Clients, with such services being quoted on a case-by-case basis on the terms and conditions set in the specific Scope of Works proposal/quote provided.

1.7 Please read these Terms and Conditions carefully before accessing or using our website and/or placing orders via the Horticulture Hub Website. By accessing or using any part of the site and/or accepting and/or receiving the Services on this site or via the Hub, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any of our Services.

1.8 If you don’t understand any term in these Terms and Conditions please send us an e-mail to info@aridearthsolutions.com and we’ll gladly explain it to you.

1.9 You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.

1.10 You may not in any way display, publish, copy, print, post or otherwise use the website and/or the information contained therein without the express prior written consent of an authorized Arid Earth Solutions representative.

1.11 Information, ideas and opinions expressed on or through the website should not be regarded as professional advice or our official opinion and you are strongly advised to seek appropriate professional advice before acting on such information.



2. CHANGES TO THE TERMS AND CONDITIONS

2.1 We expressly reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website or to the content on the Hub. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website and orders via the Hub following the posting of any changes constitutes acceptance of those changes.


3. DEFINITIONS

3.1 This agreement may contain a number of terms and phrases which have a specific meaning in this document.  In these Terms, headings are for convenience and shall not be used in its interpretation.

3.2 Unless we indicate to the contrary in these Terms, an expression which denotes any gender includes the other genders and a natural person includes an artificial person and vice versa, the singular includes the plural and vice versa.

3.3.1 “access” when used in the context of:

3.3.1.1 a website, means to visit, use, load in a web browser, mobile phone or similar software application or device or otherwise engage with a website;

3.3.1.2 “content”, means to copy, download, view, modify, adapt, load in a web browser, mobile phone, software application or device or to otherwise engage with and/or manipulate  all information (such as data files, written text, computer software, audio files, photographs, videos or other images) which you may have access to as part of, or through your access to the Website;

3.3.5 “know-how” means all the ideas, designs, documents, diagrams, information, devices, technical and scientific data, secrets and other processes and methods we use in connection with the Website, as well as, all available information regarding marketing and promotion of the products and services described in these terms of use, as well as all and any modifications or improvements to any of them;

3.3.6 “post” means to upload, publish, transmit, share or store;

3.3.7 “product” means the products which can be purchased on the Website and/or on the Hub in terms of these Terms and “Products” shall have a similar meaning;

3.3.8 “terms” means these terms and conditions of use, as amended from time to time including the Disclaimer, Privacy Policy and Email Disclaimer;

3.3.9 “website” “site” means https://www.aridearthsolutions.com

3.3.10 “Hub” means https://horticulturehub.co.za

3.3.11 “you” “your” “user” and “client” means the Website’s users; including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content

3.3.12 “us”, “we”, “our” “Arid Earth Solutions” means Arid Earth Solutions cc, registration number 2006/073426/23

3.3.13 “Parties” means Arid Earth Solutions and the Client

3.3.14  “services” means using this website, product orders placed on this website and/or via the  Horticulture Hub Website, transactions, quotations, proposals, offers to contract and contracts (whether written or oral), as proposed and/or rendered by Arid Earth Solutions to you

3.3.15 “Contract” means your Order of a Product or Products in accordance with these Terms and Conditions which we accept in accordance with clause 8 below; CONCLUSION OF SALES AND AVAILABILITY OF STOCK.


4. PRICE

4.1 Prices on this website and on the Hub website are displayed excluding VAT. VAT will be added to each transaction and will be included on our invoice which will be emailed through to you in order for you to make payment.

4.2 Prices are per unit listed and is payable in South African currency unless otherwise specified.

4.3 All prices displayed on the website and/or the Hub is valid and effective only in the Republic of South Africa for the day that they are viewed. We reserve the right, without prior notice, to discontinue or change pricing or specifications of products offered on this website and/or the Hub without incurring any liability whatsoever.

4.4 Arid Earth Solutions cannot guarantee availability of stock but will endeavour to source stock where possible to fulfil your order. Where items cannot be delivered, we will notify you based on the information provided by you, and either offer the option to cancel the order or reduce the quantities, where applicable.

4.5 Special promotions may be subject to certain conditions, including stock availability and limited offer stipulations.


5. ORDERS

5.1 On receipt of your order, Arid Earth Solutions will email you an Invoice describing the products that you have ordered on the Website and/or the Hub and add the cost of delivery. This email shall confirm that Arid Earth Solutions has received your order.

5.2 These communications confirm we have received your order, but do not represent any acceptance of your offer to purchase products or services from us. Whether or not Arid Earth Solutions accepts an order depends on the availability of products, correctness of the information relating to the products (including without limitation the price) and receipt of payment for the products.


6. PAYMENT METHOD

6.1 Payment shall be made by Electronic Funds Transfer (EFT) into Arid Earth Solutions’ nominated bank account.

6.2 No products will be released by us unless full payment is made to Arid Earth Solutions. Full Payment will only be deemed to have been made once the money is confirmed and cleared into our bank account.


7. DELIVERY

7.1 We offer courier delivery directly to your office or home, anywhere in South Africa. We do not deliver to the post office or to post boxes. Our picking, packing and delivery are linked to what you order, where you want it delivered and when you make payment. So delivery and collection times can vary.

7.2 Delivery costs will be added to your invoice after we have received the product details order on Arid Earth Solutions Website and/or the Horticulture Hub Website and you have provided a delivery address.

7.3 Picking, packing and delivery will only be undertaken after an EFT invoice payment reflects in our bank account. You can speed up this process by supplying us with a Proof of Payment.

7.4 We try to keep delivery within 4-7 working days.

7.5 In the event that you request your order to be delivered to multiple addresses, you will be charged additional delivery fees.

7.6 It is your responsibility to ensure that the delivery address, including suburb and postal code, is correct. We will not be liable for any products or additional costs which may be incurred as a result of products delivered to an incorrect address which is provided by you.

7.7 The courier requires that each and every delivery be signed for, as proof of delivery. Deliveries take place between 08h30 and 17h00 on weekdays (Monday to Friday, excluding public holidays) and we only deliver within South Africa. We will send you an order shipping notification.

7.8 Arid Earth Solutions’ obligation to deliver to you is fulfilled when we and/or the courier company deliver the product to the physical address provided by you for delivery of the order. Arid Earth Solutions is not responsible for any loss or unauthorised use of a product, after it has delivered the product to the physical address provided by you.

7.9 Please arrange that you are available to accept your purchase. Any person other than yourself who receives the products at the delivery address is presumed to be authorised to accept delivery on your behalf

7.10 You should always check that the products being collected or delivered are correct and are free from any defects. Should the packaging be damaged and you accept the products without fully inspecting them you should add a note on the delivery note stipulating that the packaging was damaged, or items were not inspected. Where there is an issue with the products detected after acceptance of the order, you should notify us at info@aridearthsolutions.com without delay in order for us to be aware of any issues with the products and in order for arrangements to be made for the products to be returned and refunded. You need to keep receipt of the delivered Product in case of future discussions with us about it.

7.11 Should no-one be in attendance at the delivery address specified by you at the time of delivery, we and/or the courier company will return the products. We will attempt to contact you to make new arrangements for delivery. We reserve the right to charge an additional delivery fee should it be required under these circumstances. Arid Earth Solutions’ sole liability for failing to deliver the products timeously is limited to delivery being affected at a later agreed time and at no additional charge.

7.12 We may be required to make multiple deliveries to your delivery address. In this specific event you will not be charged any additional delivery fees. We will advise you of multiple dispatches to your delivery address.

7.13 Where unforeseeable delays and out of stock situations occur, every reasonable effort will be made to inform you if we believe there will be a substantial delay in your delivery.

7.14 Arid Earth Solutions and/or the courier company shall not be liable for any losses or damages suffered by any person, including you, as a result of any act or omission by us or the courier company in delivering the products to the delivery address. We do not accept any liability for any damages caused to you as a result of any delay with such delivery.

7.15 You hereby authorise Arid Earth Solutions to provide your personal information, including your name, delivery address and telephone number to the courier company.

7.16 We unfortunately can’t make changes to your delivery address once payment has been received and you have received your Payment Confirmation email.

7.17 We do not deliver outside of South African borders at this time.


8. CONCLUSION OF SALES AND AVAILABILITY OF STOCK

8.1 We will indicate the acceptance of your order by delivering the products to you, once payment has been received. Only at that point will an agreement of sale between you and Arid Earth Solutions come into effect. This is regardless of any communication from us stating that your order or payment has been confirmed. If we reject your order by cancelling it, we will refund you the amount you have already paid as soon as possible.

8.2 Once an agreement of sale is completed, you assume all risk and full responsibility for the products

8.3 Placing products in a wish list or shopping basket without completing the purchase cycle does not constitute an order for such products, and as such, products may be removed from the shopping basket if stock is no longer available or the price thereof might change without notice to you. You cannot hold Arid Earth Solutions liable if such products 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.


9. CANCELLATIONS

You may cancel your order prior to us sending you the order shipping notification. Should you cancel orders after we have sent out the order shipping notification a shipping fee will be deducted from your refund.


10. RETURNS AND REFUNDS

10.1 You can return your order to us within 7 days after the date of receipt of the products, if it is in its original condition, completely unused, unopened, in its original box/wrapping, including all documents, attachments, accessories and is suitable for resale. To submit a return please email us at info@aridearthsolutions.com

10.2 You will be responsible for the item or items until they reach us, and we suggest that you use a secure delivery method (which requires a signature upon delivery). You will return the products to Arid Earth Solutions at your own cost.

10.3 You will receive a credit/refund for the items once we receive them and are satisfied, they are in good order, within 30 days of the date of cancellation. Refunds will exclude all delivery fees that are paid as part of the order.

10.4 Products that have been used and cannot be resold are not returnable.

10.5 To verify your banking details, you will be required to supply the following information:

  • Proof of Payment;
  • ID number (not a copy of the ID) OR Company Registration number;
  • Proof of banking details

11. DAMAGED OR DEFECTIVE GOODS

11.1 If your goods turn out to be defective within the first 6 months after you received them from us, we will repair them, replace them or give you a refund.

11.2 Products may be returned to us at your own cost. We reserve the right to refer returned goods for technical assessment by the manufacturer or authorised service centre prior to repairing, replacing or refunding and to provide you with feedback after receipt of the returned goods and to act accordingly.

11.3 The following will NOT be regarded as defects and will not entitle you to a return under this section 11:

  • faults resulting from normal wear and tear;
  • damage caused by any factors outside the manufacturer recommendations and technical specifications.
  • damage arising from negligence, user abuse or incorrect usage of the product;
  • damage arising from electrical surges or sea air corrosion;
  • damage arising from a failure to adequately care for the product;
  • damage arising from unauthorised alterations to the product; and
  • where the specifications of a product, although accurately described on the Website and generally fit for its intended purpose, do not suit you

11.4 Should an item be damaged or defective, please contact us at info@aridearthsolutions.com as soon as reasonably possible after you become aware of the defect, but in any event within 6 months after delivery of the product.


12. EXTENDED WARRANTY

12.1 The products supplied by us shall be suitable only for the purpose designed and intended and you shall ensure the products are handled, stored, installed, used, or otherwise dealt with in a normal and reasonable manner, and where applicable, in a manner consistent with the product instructions given by the manufacturer.

12.2 After the 6 months’ statutory warranty has expired, some products have an extended warranty. These warranties are usually stated in the product brochure, and may be subject to the manufacturer’s specific terms and conditions.

12.3 It is solely up to the official distributor or manufacturer as to what remedy it can offer you. We are under no obligation to provide you with a credit, repair or replacement, as your remedy lies with the official distributor or manufacturer. However, since we want your experience to be as good as possible, we will facilitate the discussion for replacement or repair between you and the official distributor or manufacturer.


13. ERRORS

13.1 We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of products on the Website and on the Horticulture Hub Website.

13.2 We reserve the right to correct any product pricing shown on www.aridearthsolutions.com and on the Horticulture Hub Website, which may have been loaded incorrectly. We cannot guarantee that our website, or the information about our products on the Hub Website, is free from errors.

13.3 Arid Earth Solutions will not accept any orders where we identify an inadvertent and obvious error in the prices of products or the description of any of the products on the Website and/or the Hub.


14. QUOTATIONS

Quotations are valid for a period of 7 working days only from date thereof, excluding promotional items, or until the day of issue of any new price list, whichever occurs first, or unless specified in writing by the us.


15. VERBAL / TELEPHONIC ORDERS

Oral orders or orders per telephone are executed at your own risk. You must confirm such orders in writing failing which, no responsibility for errors will be accepted by us.


16. PRODUCT IMAGES, REPRESENTATION AND PRODUCT DESCRIPTION

16.1 We have made every effort to display the products on the website and on the Hub as accurately as possible, including:

16.1.1 the images that represent a visual depiction of the product;

16.1.2 features and descriptions that pertain to the product; and

16.1.3 specifications in respect of the product;

however, the actual product delivered may be subject to variations in appearance, as the product’s packaging may differ over time.

16.3 As the actual colours you see will depend on your computer’s monitor we cannot guarantee that your monitor’s display of any colour will be accurate.

16.4 Images of products may include ancillary items which are sold separately and you will be required to place an additional order for such ancillary items.

16.6 If you are not satisfied with the products delivered then you may return such products subject to our return and refund terms, as amended, from time to time


17. ELECTRONIC COMMUNICATIONS


18 PRIVACY POLICY

We are committed to protecting your privacy and will take reasonable steps to protect your personal Information.  Details of what personal information we collect, what we do with it and what you should know about submitting personal information when you access the Website can be found in our Privacy Policy.  We recommend you read our Privacy Policy very carefully before you access the Website.


19.1 In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.

19.3 Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.


20. WE MAY CHANGE ASPECTS OF THE WEBSITE

20.1 We reserve the right to alter and/or amend or even discontinue existing features, information, and products on the website and on the Horticulture Hub Website without notice to you and in our sole discretion.

20.2 You are free to stop accessing the Website at any time without notifying us.  Doing so will not affect the results of or remove the effects of your access to the Website.



22. LIMITS OF LIABILITY

22.1 As far as the law allows, neither Arid Earth Solutions, nor its employees, nor any of our agents or representatives will be liable for ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES which results from your use or inability to use our Website or the Content provided on and by means of our Website and/or any linked Third Party Website.

22.2 Furthermore, Arid Earth Solutions makes no representations or warranties (implied or otherwise) that, amongst others, the Content and technology available on or provided by means of our website are free from errors or omissions, or that our website will always be available and error free. Please report any possible malfunctions and errors you may experience with our website to: info@aridearthsolutions.com

22.3 It is your responsibility to satisfy yourself before accepting these Terms and Conditions that the service available from and through our website and/or the Hub will meet your individual requirements and will be compatible with your hardware and or software, or irrigation project.

22.5 Except as otherwise agreed in writing, all transactions, quotations, tenders, offers to contract and contracts (whether written or oral) for the supply of the products and/or services (“the Products”) by Arid Earth Solutions on this website or on the HUB, shall be subject to these Terms and Conditions .

22.6 Nothing in this agreement is intended to or must be understood to unlawfully restrict, limit or avoid any rights or obligations, as the case may be, created for either of the Customer or the Company in terms of the Consumer Protection Act.

22.7 YOU HEREBY INDEMNIFY ARID EARTH SOLUTIONS AND  OUR PARTNERS, OFFICERS, OWNERS, DIRECTORS, AGENTS, CONTRACTORS,SUBCONTRACTORS, LICENSORS, SERVICE PROVIDERS, SUPPLIERS, INTERNS AND EMPLOYEES AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.


23. NO TRANSFER OF INTELLECTUAL PROPERTY

23.1 Arid Earth Solutions’ documents, specifications, designs and original materials that have been provided to the client are for the client’s individual use only.  The client is not authorized to use any of Arid Earth Solutions’ intellectual property for the client’s business purposes. All intellectual property shall remain the sole property of the Arid Earth Solutions.  No license to sell or distribute Arid Earth Solutions’ materials is granted or implied.

23.2 By purchasing the documents, specifications, designs and original materials, the client agrees (1) not to infringe any trade secret, or other intellectual property rights, (2) that any Confidential Information shared by the Arid Earth Solutions is confidential and proprietary, and belongs solely and exclusively to the Arid Earth Solutions, (3) the client agrees not to disclose such information to any other person or use it in any manner other than in discussion with Arid Earth Solutions.

23.3 Further, by paying for the documents, specifications and designs, the client agrees that if the client violates, or displays any likelihood of violating, any of terms contained in this paragraph, Arid Earth Solutions will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.


24. RELATIONSHIP OF PARTIES

Nothing in the terms and conditions is to be construed as creating a partnership, venture alliance, or any other similar relationship.


25. FORCE MAJEURE

In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, shortage of or inability to obtain supplies, shortage of or inability to obtain materials, shortage of or inability to obtain equipment, actions of third parties (including without limitation hackers, suppliers, governments, quasi-governmental, supra-national or local authorities), threats or acts of terrorism, arrests, restraints or detainments of any competent authority, accident, Government travel advisory, imposition of sanctions,  national emergencies, epidemic, mechanical breakdown, failure or problems with public utility supplies ( including electrical, telecoms or internet failure), labour strike or civil disturbance, make it inadvisable, commercially impractical, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Party to perform its obligations under this Agreement,  Arid Earth Solutions’ performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.


26. SEVERABILITY/WAIVER

If any provision of these terms and conditions is held by to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.


27. GENERAL

27.1 Arid Earth Solutions  may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the website or the user’s right to use the website or any of its contents subject to us processing any orders then already made by you.

27.2 You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.

27.3 Any failure on the part of you or Arid Earth Solutions to enforce any right in terms hereof shall not constitute a waiver of that right.

27.4 If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.

27.5 No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.

27.6 No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.

27.7 These Terms and Conditions contain the whole agreement between you and Arid Earth Solutions and no other warranty or undertaking is valid, unless contained in this document between the parties.


28. GOVERNING LAW AND JURISDICTION


29. DISPUTES

Any disputes arising from or in connection with this agreement shall be finally resolved in accordance with the Rules of the Arbitration Foundation of Southern Africa by an arbitrator or arbitrators appointed by the Foundation.


30. NOTICES

30.1 Any notice under Services shall be in writing and may be served by personal delivery or by pre-paid registered letter or by email addressed to the relevant party at the address or email address of the relevant party last known to the other or as set out in clause 28 of these Terms and Conditions.

30.2 Any notice given by post shall be deemed to have been served seven (7) 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 dispatched or a delivery report received.


31. ADDRESS FOR NOTICES

Arid Earth Solutions 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: 86 Stonehurst Way, Longwood, Pinehurst, Durbanville, Cape Town, South Africa 7550, with a copy to info@zando.co.za (the sending of such copy being required in order for any notice to be considered validly delivered to Arid Earth Solutions).


32. INFORMATION

The purpose of the ECT Act, Arid Earth Solutions’ information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:

Full name: Arid Earth Solutions cc, registration number 2006/073426/23

Main business: Irrigation Design and Consulting and online retailer

Office bearers: Adrian White and Michelle White.

Phone number: +27 (0) 83 639 0107

Email address: info@aridearthsolutions.com