Terms of Use and Terms of Trade for the OmTech Website and Direct Orders

OmTech and its affiliates, suppliers, and service providers provide products and services to you subject to the conditions detailed in this agreement.

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By accessing the OmTech website, registering, purchasing through the OmTech online shop, or placing an order directly with OmTech (including via WhatsApp, email, phone, quotation acceptance, or invoice), you confirm that you have familiarised yourself with these terms and conditions and agree to be bound by them.

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Your access to the OmTech website and use of any services provided by OmTech, including any purchases made by you, are subject to the terms and conditions established under the following headings:

• Terms of Use of the OmTech Website

• Terms of Trade with OmTech

• Privacy and Security Statement

• Intellectual Property Statement

• Disclaimer of Warranties and Limitation of Liability

• Dispute Resolution

• Compliance with statutory consumer protection provisions

Limited licence and permitted use

OmTech grants you a limited licence to access and make personal use of the OmTech website. You are not allowed to modify the website or any portion thereof without the prior written consent of OmTech, except where such modification relates to standard browser page caching.

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This licence does not permit any resale or commercial use of the website or its contents, any collection and use of product listings, descriptions, or prices, any derivative use of the website or its contents, any downloading or copying of account information for the benefit of another merchant, or any use of data mining, robots, or similar data gathering and extraction tools.

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Links to the OmTech website

You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the OmTech website provided that the link does not portray OmTech or its products or services in a false, misleading, derogatory, or otherwise offensive manner.

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You may not use any OmTech logo or other proprietary graphic or trademark as part of the link without prior written permission.

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Links to third party websites

OmTech may provide links to other websites. OmTech is not responsible for evaluating the content or offerings made on these websites and accepts no responsibility for them.

Invitation to do business

All product and service listings on the OmTech website, and any quotations supplied by OmTech, are invitations to do business.

Only when OmTech has accepted your offer to purchase, and acceptance is communicated to you, will an enforceable agreement of sale be transacted.

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For direct orders, acceptance is confirmed when OmTech confirms the order in writing and payment has cleared, unless OmTech agrees otherwise in writing.

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Pricing and mispricing

Despite our best efforts, a small number of the products or services offered may be mispriced.

If we discover a mispricing, we will do one of the following:

• If the correct price is lower than our stated price, we will charge the lower amount.

• If the correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before accepting your order or notify you that the order has not been accepted.

Prices are displayed in South African Rand (ZAR) unless stated otherwise. VAT inclusion or exclusion will be indicated on the website, quotation, or invoice.

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Stock availability and backorders

Due to demand, OmTech may not always have products in stock. OmTech may accept orders for out of stock products to ensure you receive the item once it becomes available.

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If products ordered are not available, or only a portion is available, you may cancel the order, reorder the quantity available, or place a backorder. Once products become available, they will be shipped or made available for collection, depending on your order type.

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Delivery and lead times

Delivery lead times are estimates and may be impacted by supplier delays, warehouse processing, verification checks, courier capacity, load shedding impacts, or security protocols.

Delivery timelines will be communicated on the website, quotation, or invoice, or confirmed by OmTech upon order acceptance.

Risk passes to you upon delivery to the address supplied by you, or upon collection by you or your authorised representative.

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Third party supplied products or services

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IMPORTANT:

If any products or services are supplied and delivered to you directly by, or through, a third party, even though access to the products or services is gained through the OmTech website or via OmTech facilitation, the supply of these products and services may be subject to conditions which differ from those governing the terms of trade with OmTech.

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You are solely responsible for ensuring that you understand and agree to the terms and conditions governing the sale of these products or services.

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Payments

Payment must clear before dispatch unless otherwise agreed by OmTech in writing.

You are responsible for using the correct reference (order number or invoice number) when making payment.

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If a payment is reversed, recalled, or charged back after dispatch, OmTech reserves the right to recover the goods, suspend services, or pursue lawful recovery processes.

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When you visit OmTech or send emails or messages to us, you are communicating with us electronically.

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OmTech may communicate with you by email, WhatsApp, SMS, telephone, or by posting notices on the OmTech website.

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You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Eligibility

Registration as a purchaser is restricted to individuals and entities who may legally enter into binding and enforceable agreements.

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No person under the age of 18, or not legally permitted to enter into a binding agreement, may register as a purchaser.

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Accurate information

In registering, you are required to provide complete and accurate information and you warrant that the information provided is correct.

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Suspension or termination

If you are in breach of, or OmTech reasonably believes that you may breach, any of these terms, OmTech may, at its discretion, suspend or terminate your registration or refuse an order.

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Password responsibility

You are solely responsible for maintaining the confidentiality of your password and account access.

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Any communication or transaction made using your credentials will be attributed to you.

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If you suspect that the confidentiality of your account or password has been compromised, you should immediately notify OmTech at [support email]. OmTech may suspend access pending further instructions.

OmTech respects your personal information and processes it in accordance with applicable data protection principles in South Africa.

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Information we may collect

• Automatic information, including browser and device information, cookies, and usage data

• Information you provide, including registration details, delivery details, billing details, and communications

• Email and communication confirmations, where your system supports such capabilities

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Use of personal information

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Your information is used to:

• process and fulfil orders

• communicate about orders and support matters

• improve website and customer experience

• meet legal and compliance requirements

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Disclosure of personal information

OmTech will not disclose your personal information to third parties except:

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• to fulfil transactions, including couriers, payment providers, and suppliers

• where legally required to do so

• where data is aggregated or anonymised so you may not be identified

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OmTech takes commercially reasonable steps to safeguard your information but does not guarantee absolute security.

All copyright, trademarks, logos, product listings, text, images, and other content displayed on the OmTech website are protected by applicable intellectual property laws.

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The intellectual property is owned by OmTech and or its licensors, suppliers, or service providers.

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You may not reproduce, distribute, display, or commercially exploit such materials without prior written consent.

Your use of the OmTech website is at your sole risk.

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To the fullest extent permissible by South African law, OmTech disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.

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OmTech will not be liable for damages of any kind arising from the use of the OmTech website or from the purchase or use of products, including direct, indirect, incidental, punitive, and consequential damages, except where the law does not allow such limitation.

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Where liability cannot be excluded, OmTech’s liability will be limited to the value of the product or service purchased, subject to applicable law.

Warranty

Warranty terms differ by product and brand. Manufacturer warranty terms apply unless otherwise stated on the product listing, quotation, or invoice.

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Warranty typically does not cover accidental damage, liquid damage, misuse, power surges, unauthorised repair, or normal wear and tear.

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Dead on arrival (DOA)

If a product is faulty on arrival, you must notify OmTech within [48 hours] of delivery or collection and provide supporting evidence including photos and a description of the fault.

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DOA handling may require supplier or authorised service provider testing before a replacement or refund is approved.

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Returns and cancellations

Returns and cancellations are handled in line with statutory consumer protection provisions where applicable, and subject to product condition, packaging, completeness, and inspection.

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Digital products, license keys, and subscriptions may not be refundable once delivered or activated unless supplied incorrectly or defective.

OmTech adheres to applicable consumer protection and electronic commerce principles, including where relevant the Consumer Protection Act and the Electronic Communications and Transactions Act.

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Where applicable, and subject to statutory exclusions, you may have rights relating to cooling off periods, returns, and refunds for certain online transactions.

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Certain categories of goods may be excluded from return rights where the law allows, including goods made to your specifications, certain hygiene sealed items once opened, and digital goods once supplied or activated.

The OmTech website and all communications and transactions concluded using the website, and all direct orders concluded with OmTech, are governed by the laws of the Republic of South Africa.

Any dispute arising out of or in connection with this agreement, including any question regarding its existence, validity, or termination, will be resolved in accordance with South African law.

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The language used during dispute resolution will be English.

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OmTech will first attempt to resolve disputes amicably through written engagement. If unresolved, the dispute may be referred to an appropriate dispute resolution process or a competent South African court with jurisdiction.

OmTech may amend these terms and conditions from time to time by updating the content on the website.

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The version applicable to your transaction is the version that was available on the website at the time you placed your order, or the version attached to your quotation or invoice for direct orders.