TERMS & CONDITIONS

Who you are contracting with:

• www.bluehemisphere.co.za (the “Website“) is owned and operated by Blue Hemisphere Airconditioning Pty Ltd, registration number: Reg No: 2005/034803/07 and Coolworx Airconditioning CC, Reg number 2008/171979/23 (hereinafter referred to as “Blue Hemisphere Airconditioning”).
• Visitors to the Website (“Users” or “you“), including those Users who purchase any products on the Website (“Purchasers“) are bound by these terms and conditions (“T&C“). If you do not agree to these T&C, do not continue to use the Website. Your continued use of the Website will constitute acceptance of the T&C, unmodified by you.

Purchases from Blue Hemisphere

Products & Availability

Identification of products:

Product listings which do not specify the name of a third party seller, are products offered for sale by Blue Hemisphere Airconditioning.

Stock availability:

Stocks of all goods on offer are limited. Blue Hemisphere Airconditioning shall take all reasonable efforts to ensure that when stock is no longer available, that offers thereof are discontinued. However, should items still be offered after stocks are sold out and Blue Hemisphere Airconditioning is unable to fulfill the orders placed at advertised prices, Blue Hemisphere Airconditioning shall only be liable to refund the amount paid by you for such product, on such terms and conditions set out in detail in the “Refund Policy” hereto.

Agreements of Sale

Placing a product in a shopping basket without completing the purchase cycle does not:

• constitute an agreement of sale; and/or
• constitute an order for such product,

and as such, Blue Hemisphere Airconditioning may remove such product from the shopping basket if no stock is available and you cannot hold Blue Hemisphere Airconditioning liable if such product is not available when the purchase cycle is completed at a later stage.

An agreement of sale only comes into effect if and when:

• you electronically submit a properly completed order for one or more products in your shopping basket; and
• payment is either authorized, or received by Blue Hemisphere Airconditioning in its bank account

 

Termination of Sales & Cancellation of Orders

• By Blue Hemisphere Airconditioning:

Blue Hemisphere Airconditioning reserves the right, whether for purposes of preventing suspected fraud or otherwise, to refuse to accept, or process payment on, any order and/or to cancel any sale concluded between you and Blue Hemisphere Airconditioning, in whole or in part, without giving any reasons. Blue Hemisphere Airconditioning shall only be liable to refund monies already paid by you (see Blue Hemisphere Airconditioning ’Refund policy’ in this regard), and accepts no other liability which may arise as a result of such refusal to process any order/sale.

• By You: 

• Furthermore, save for certain exceptions, and subject to certain charges, the Electronic Communications and Transactions Act 25 of 2002 (“ECT Act”) entitles you to cancel any sale concluded on this Website within 7 days after date of receipt of the goods and to obtain a full purchase price refund. Please read the Refund Policy for further details in this regard.

Amounts payable by You

Prices:

The price of each product is displayed with the product listing. In the event of a sale or special offer, the discounted price is displayed.

Delivery Charges:

Deliveries will be done by a second party (courier services), charges for delivery will charge for separately. If delivery is required the delivery/courier services will make contact with you to make all the necessary arrangement and payment terms. Please note that charges is based on a variety of factors, including product type, price, and weight, as well as whether delivery is to be made within, or outside, the borders of South Africa. Blue Hemisphere Airconditioning does not take any liability for the second party/courier firm for any delivery of goods purchased. Blue Hemisphere will endeavor it’s utmost to deal only with reputable courier firms.

Value Added Tax:

Value added tax at the rate of 14% is charged on all goods bough.

Import Duties:

Import duties may be payable by recipients of goods in foreign countries. Blue Hemisphere Airconditioning does not know what levies may be payable and cannot calculate or estimate such costs. You are responsible for determining whether any such levies are payable and, if so, the amount thereof.

Errors:

Blue Hemisphere Airconditioning shall take all reasonable efforts to accurately indicate prices. However, should products be erroneously offered at incorrect prices, Blue Hemisphere Airconditioning will not be obliged to sell products at such incorrect prices and shall only be liable to refund monies paid should you not wish to proceed with the purchase at the correct price.

Payment Methods

Subject to the Exceptions listed below, your payment for any products ordered from Blue Hemisphere Airconditioning must be made to Blue Hemisphere Air conditioning’s bank account in any one of the following ways:

Credit card payments.

At the time of placing the order, the transaction details are presented to the bank and an authorization is obtained for the amount of the order. If such authorization is not obtained, the order will be cancelled. If authorization is obtained, payment is only collected and stock bought will be booked to you.

Bank deposits & Electronic Funds Transfer.

Can only be made on arrangement, instructions will be given on how to deposit monies into Blue Hemisphere Airconditioning bank account and it would be subject to the following rules:

• the exact amount must be paid;
• the payment must be identified by supplying the order number and surname in the reference section of the deposit slip or on the electronic transfer;
• no transfers may be made from ATM’s;
• cheque deposits are subject to a clearing period.;
• no bank deposits are accepted from outside the borders of South Africa; and
• your order will be cancelled if you choose to pay by bank deposit and the amount due is not paid within 3 business days.
• Cash deposits must include ABSA Banks cash deposit fee’s.

Card Payment through VCS – payment portal

If you select the ‘Pay via credit/ debit card’ button, you will be taken to the VCS-payment portal, where you must login using your card number. If successful, payment is reserved for Blue Hemisphere Airconditioning immediately and you will be returned to the Website. If payment cannot be effected, the order will be cancelled. The use of this facility and is subject to the VCS terms and conditions.

Deliveries

Blue Hemisphere Airconditioning will not be liable for any deliveries. Goods are sold on the collection basis from the outlet at 19 Riverside Industrial Park, 13 Ossewa Street, Choorkop, Kempton Park, Gauteng, South Africa.

If you choose the selection for delivery, a second party delivery/courier service will be made use of, and Blue Hemisphere does not accept any liability for such service. Payment must be made separately to such second party. Delivery will be subjected to such a parties Terms and conditions.

Vouchers

Blue Hemisphere Airconditioning may make use of physical and/or electronic installation vouchers, as well as electronic promotional vouchers (hereinafter collectively referred to as “Vouchers”) available on the Website from time to time.

General (Only Midwall splits)

Vouchers can only be redeemed for-

• for the installation of products bought from Blue Hemisphere Airconditioning.
• Installation in the Johannesburg Area – This includes North-, East-, South- and West Rand area’s.
• Installation in area outside our area will be charged for separately.

Vouchers cannot be –

• used to do installations outside the area specified, or
• exchanged for cash; or
• transferred or assigned to any other person.

Installation Vouchers: (Only on Mid wall splits)

• Includes For 9000 and 12000 Btu Units an electrical power supply to nearest

Electrical plug socket of max 3m. (Larger capacity units electrical power supply point at the outdoor unit is to be provided by Yourself/Client, or will be quoted for separately by an independent electrical contractor).

Back to back installations, of max 2 meters pipe run.

Drain pipe to outside, of max 2 meters.

Trunking on outside wall of max 2 meter.

Mounting Brackets for the outdoor Unit.

Professional installation in Jhb area only.

Commissioning of units as per required standard.

• Additional material if required will be cost separately – longer trunking, pipe runs, drain pumps or 2^ndFloor and higher installation on outside of building if scaffolding will be required.
• Please note that drilling needs to be done through the wall to connect indoor to outdoor unit.

• Units will be installed level.
• Client must obtain permission from Body corporate, Home owners associations and Building owners, before installation can commence – if applicable.
• In order to validate your warranty – 3 services are to be done by Blue Hemisphere Airconditioning in the 1^st year during the warranty period @ R250-00 per Service – Jhb Area. (excl travelling and materials)
• Normal manufacturer warranties apply to products installed. We only deal with the leading air conditioning companies that can provide spare parts and after sales service.

• Please allow max 10 Working days for installation after confirmation of payment has been received, or date as confirmed to between both parties.

Purchases from Marketplace Sellers

Blue Hemisphere Airconditioning not liable

Please note that in purchasing products from a Marketplace Seller, you are contracting with the relevant Marketplace Seller and not Blue Hemisphere Airconditioning, and are purchasing a Marketplace Seller’s product, not a Blue Hemisphere Airconditioning product.

Blue Hemisphere Airconditioning role this regard is limited to providing the platform through which Marketplace Sellers can market and sell their products to you and receive payment from you.

This means that a Marketplace Seller is solely responsible for the fulfillment of all aspects of your order from him/her/it (including the making of timeous delivery of defect-free products to you) and Blue Hemisphere Airconditioning shall not be liable in any way therefore. Your rights and obligations under any purchase from a Marketplace Seller will be as agreed between you and the relevant Marketplace Seller, subject to the express provisions contained in this Part 2 and Part 3 of these T&C, as read with the Refund Policy.

Although Blue Hemisphere Airconditioning reserves the right to become involved in any disputes between you and a Marketplace Seller in an attempt to resolve same, Blue Hemisphere Airconditioning is not obliged to do so and any disputes must be resolved between you and the relevant Marketplace Seller alone.

Marketplace Sellers and their Stock

Identification of Marketplace Products:

You will be able to distinguish between Blue Hemisphere Airconditioning products and the products of Marketplace Sellers by means of the Marketplace Sellers’ names being displayed in the relevant product listings, as well as by means of the icons displayed next to the products in your shopping basket at check-out.

Stock availability:

Stocks of all Marketplace Seller’s products on offer are limited. Should you have placed a Marketplace Seller’s product in your shopping basket which is, or has become, sold-out, such product will automatically be removed from your shopping basket and you will not be able to order it. Note however that any such removal will be based upon inventory information supplied by the relevant Marketplace Seller and Blue Hemisphere Airconditioning bears no liability for any inaccuracies in the information so supplied to it. Consequently, should you order any product from a Marketplace Seller which is in fact sold-out, any resulting dispute should be resolved between you and the relevant Marketplace Seller, your respective rights and obligations being as set out in the Refund Policy.

Agreements of Sale – Marketplace Sellers

Placing a product in a shopping basket without completing the purchase cycle does not:

• constitute an agreement of sale; and/or
• constitute an order for such product

and as such, a product may be removed from the shopping basket if stock is no longer available and you cannot hold Blue Hemisphere Airconditioning or the relevant Marketplace Seller liable if such product is not available when the purchase cycle is completed at a later stage.

An agreement of sale with a Marketplace Seller only comes into effect if and when:

• you electronically submit a properly completed order for one or more products offered by such Marketplace Seller in your shopping basket; and
• payment is either authorized, or received into Blue Hemisphere Airconditioning’s bank account on behalf of the relevant Marketplace Seller

Termination of sales

• By Marketplace Sellers:

Marketplace Sellers are entitled to cancel any sale/s in whole or in part, only in the event and to the extent of any unavailability of stock of the relevant product/s. In such event, the Marketplace Seller must notify you of the fact that it is out-of-stock and issue you a full refund of the amount paid in respect of such product/s, as per the Refund Policy.

By You:

Save for certain exceptions, and subject to certain charges, the ECT Act entitles you to cancel any sale concluded within 7 days after date of receipt of the goods and to obtain a full purchase price refund. Please read the Refund Policy for further details in this regard. However, unlike with sales by Blue Hemisphere Airconditioning, you have no other rights to retract any orders made by you, or cancel any sales, unless doing so is agreed with the relevant Marketplace Seller.

By Blue Hemisphere Airconditioning:

To protect its own and the interests of customers, Blue Hemisphere Airconditioning uses reasonable endeavors to scrutinize transactions with Marketplace Sellers to prevent fraud and a transaction may be refused if Blue Hemisphere Airconditioning, in its sole discretion, is not satisfied with its legitimacy. Accordingly Blue Hemisphere Airconditioning accepts no liability that may arise as a result of such refusal to process any transaction.

Amounts payable by you – Marketplace Sellers

Prices:

The price of each product is displayed with the product. Note that any special offers or discounts offered by Blue Hemisphere Airconditioning on certain products sold by it from time to time, do NOT apply to sales of products by Marketplace Sellers.

Delivery Charges:

Blue Hemisphere Airconditioning will not be liable for any deliveries. Goods are sold on the basis of self collecting at our outlet in 19 Riverside Industrial Park, 13 Ossewa street, Chloorkop, Kempton Park, Gauteng, South Africa.

A second party delivery/courier service will be made use of and Blue Hemisphere does not accept any liability for such service. Payment must be made separately to such second party. Delivery will be subjected to such a parties Terms and conditions.

Value Added Tax:

Value added tax at the rate of 14% may be charged on all products bought.

Errors:

Marketplace Sellers are responsible for indicating prices and other charges accurately in their product listings.

Payment to Marketplace Sellers

Payment Methods

Subject to the Exceptions listed below, your payment for any products ordered from Blue Hemisphere Airconditioning must be made to Blue Hemisphere Air conditioning’s bank account in any one of the following ways:

Credit card payments.

At the time of placing the order, the transaction details are presented to the bank and an authorization is obtained for the amount of the order. If such authorization is not obtained, the order will be cancelled. If authorization is obtained, payment is only collected and stock bought will be booked to you.

Bank deposits & Electronic Funds Transfer.

Can only be made on arrangement, instructions will be given on how to deposit monies into Blue Hemisphere Airconditioning’s bank account and it would be subject to the following rules:

• the exact amount must be paid;
• the payment must be identified by supplying the order number and surname in the reference section of the deposit slip or on the electronic transfer;
• no transfers may be made from ATM’s;
• cheque deposits are subject to a clearing period.;
• no bank deposits are accepted from outside the borders of South Africa; and
• your order will be cancelled if you choose to pay by bank deposit and the amount due is not paid within 3 business days.

Complaints against Sellers

Should you –

• suspect that a Marketplace Seller is selling illegal products, conducting fraudulent activity, or misleading Users in any way, on the Website; or
• receive any unsolicited communications from any Marketplace Seller which are unrelated to any purchases made by you from such Marketplace Seller,

please notify Blue Hemisphere Airconditioning thereof by contacting info@bluehemisphere.co.za or +27 86 100 2665, so that Blue Hemisphere Airconditioning can take such measures as it deems appropriate.

General Terms & Conditions

Note that this part applies to all purchases made on the Website, whether from Blue Hemisphere Airconditioning or from a Marketplace Seller.

Restrictions on Sales

Age restrictions:

The onus is on you to ensure that you meet any age restrictions applicable to products ordered by you on the Website, and that these restrictions are observed and accordingly you indemnify Blue Hemisphere Airconditioning from any and all liability in this regard, including any liability arising as a result of your failure to provide accurate information in this regard when completing the Website registration process.

Defects, Returns, Refunds & Guarantees

Should you not be satisfied with any product purchased by you on the Website (either from Blue Hemisphere Airconditioning or from a Marketplace Seller), by reason of a defect, incorrect choice of product, or otherwise, you may, under certain circumstances, be entitled to either be refunded or have the product repaired or replaced, as the case may be. The Refund Policy regulates your rights in this regard. Please refer to the Refund Policy.

Sales Records

A full record of every sale and related transaction between you and Blue Hemisphere Airconditioning and/or a Marketplace Seller shall be maintained on the Website 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.

Disclaimer

Apart from the provisions of sections 43(5) and 43(6) of the ECT Act, neither Blue Hemisphere Airconditioning 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 Website or the services or content provided from and through this Website. Furthermore, Blue Hemisphere Airconditioning makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this Website 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 info@Blue Hemisphere Airconditioning.co.za

This Website 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 T&C that the service available from and through this Website will meet your individual requirements and be compatible with your hardware and/or software.

Information, ideas and opinions expressed on this Website should not be regarded as professional advice or the official opinion of Blue Hemisphere Airconditioning and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Website.

Neither Blue Hemisphere Airconditioning 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 any product sold by Blue Hemisphere Airconditioning or any Marketplace Seller on this Website.

Governing Law and Jurisdiction

This Website is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law and, subject to the ‘Disputes’ clause of these T&C, you and Blue Hemisphere Airconditioning submit to the non-exclusive jurisdiction of the South African courts.

Privacy

Blue Hemisphere Airconditioning shall take all reasonable steps to protect your personal information. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded at www.polity.org.za/html/govdocs/legislation/2000/act2.pdf

Blue Hemisphere Airconditioning may electronically collect, store and use the following of your personal information:

• name and surname;
• birth date;
• gender;
• country of residence;
• closest city;
• non-personal browsing habits and click patterns;
• e-mail address;
• IP address; and
• ID number / passport number.

Blue Hemisphere Airconditioning collects, stores and uses the abovementioned information for the following purposes: 

• to greet you when you access the Website;
• subject to your consent, to inform you of facts relating to your access and use of the Website;
• subject to your consent, to inform you about competitions and special offers from Blue Hemisphere Airconditioning and/or its partners / affiliates;
• to compile non-personal statistical information about browsing habits, click-patterns and access to the Website;
• to verify your identity when transacting with Blue Hemisphere Airconditioning and/or Marketplace Sellers;
• to ensure that the goods are received by the addressee; and
• to facilitate communication between you and any Marketplace Sellers from whom you have made purchases.

Information detailed above is collected either electronically by using cookies or is provided voluntarily by you. You may determine cookie use independently through your browser settings.

You may elect not to receive any communications from Blue Hemisphere Airconditioning and/or its partners / affiliates.

Blue Hemisphere Airconditioning may collect, maintain, save, compile and share any information collected from you, subject to the following provisions:

• Blue Hemisphere Airconditioning shall not disclose your personal information unless –

• • you consent thereto;
  • disclosure to a Marketplace Seller is necessary for purposes of your purchases from such Marketplace Seller; or
  • through due legal process.
• Blue Hemisphere Airconditioning may compile, use and share any information that does not relate to any specific individual; and
• Blue Hemisphere Airconditioning owns and retains all rights to non-personal statistical information collected and compiled by Blue Hemisphere Airconditioning.
• No banking details will be kept as the transaction will be hosted to the relevant payment authority via VCS payment portal. VCS payment portal T&C will apply.

You acknowledge and agree that certain personal information (i.e. your full names, delivery address, email address, and contact number) will be disclosed to Marketplace Sellers from whom you have ordered products in order to enable delivery of such products to you and to facilitate communication between you in relation to your purchase of such products.

Security

Any person that delivers or attempts to deliver any damaging code to this Website or attempts to gain unauthorized access to any page on this Website shall be prosecuted and civil damages shall be claimed in the event that Blue Hemisphere Airconditioning suffers any damage or loss.

You agree and warrant that your log-in name and password shall:

• be used for your personal use only; and
• not be disclosed to any third party.

You allow Blue Hemisphere Airconditioning to take all reasonable steps to ensure the integrity and security of the Website and back-office applications.

All credit card transactions are Secure Socket Layers encrypted.

Changes to Agreement

Blue Hemisphere Airconditioning may, in its sole discretion, change these T&C or any part thereof at any time with or without notice. It is your responsibility to visit the Website to see whether the T&C have been amended and ensure that you are satisfied with the amendments. Should you not be satisfied with the amendments, you must refrain from placing any further orders on, or from using in any way, the Website.

Disputes

Between you and Blue Hemisphere Airconditioning

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 Blue Hemisphere Airconditioning on any matter provided for in, or arising out of these T&C, and not resolved through the Customer Relations Department of Blue Hemisphere Airconditioning, then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. Arbitration proceedings shall be conducted in Johannesburg in English.

Between you and a Marketplace Seller

Blue Hemisphere Airconditioning is not your, or any Marketplace Seller’s agent, and will not act as either of your agent in connection with resolving any disputes between the two of you.

Domicilium

Blue Hemisphere Airconditioning chooses as its domicilium citandi et executandi (ie its address) for all purposes under these T&C, whether in respect of court process, notice, or other documents or communication of whatsoever nature, the following address: 19 Riverside Industrial Park, Chloorkop, Kempton Park, Gauteng, South Africa, and P.O. Box 12057 Benoryn 1504.

Term and Termination

These T&C shall commence from the date on which they are published on the Website and continue indefinitely, as amended by Blue Hemisphere Airconditioning from time to time, for so long as the Website exists and is operational, Blue Hemisphere Airconditioning being entitled to terminate these T&C and/or shut down the Website at any time.

Copyright

Any and all copyright subsisting in the Website, including these T&C, vests in Blue Hemisphere Airconditioning and all rights not expressly granted are reserved.

To obtain permissions for the commercial use of any content on this Website email info@bluehemisphere.co.za, or phone customer support on +27 (0)86 100 2665 for assistance.

Blue Hemisphere Airconditioning cannot screen or edit all the content available from the Website and does not accept any liability for illegal, defamatory or obscene content. You are encouraged to inform Blue Hemisphere Airconditioning of any content that may be offensive or illegal.

Intellectual Property Rights

All the content, trademarks and data on this Website, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to Blue Hemisphere Airconditioning and as such are protected from infringement by local and international legislation and treaties.

Electronic Communications

When you visit the Website or send e-mails to Blue Hemisphere Airconditioning, you consent to receiving communications from Blue Hemisphere Airconditioning electronically and agree that all agreements, notices, disclosures and other communications sent by Blue Hemisphere Airconditioning satisfy any legal requirements, including but not limited to the requirement that such communications should be “in writing”.

Hyperlinks

Save for persons who have registered as an e-trader with Blue Hemisphere Airconditioning, no person, business or web site may link to any page on this Website without the prior written permission of Blue Hemisphere Airconditioning. Such permission could be obtained by contacting infor@Bluehemisphere.co.za

Hyperlinks provided on this Website to non-Blue Hemisphere Airconditioning sites are provided as is and Blue Hemisphere Airconditioning does not necessarily agree with, edit or sponsor the content on such web pages.

Framing

No person, business or web site may frame this site or any of the pages on this Website in any way whatsoever.

Spiders and Crawlers

No person, business or web site may use any technology to search and gain any information from this Website without the prior written permission of Blue Hemisphere Airconditioning. Such permission could be obtained from info@bluehemisphere.co.za

Information

The ECT Act states that when we offer goods or services by way of certain electronic transactions, we must make the following information about us available to customers on websites where the goods or services are offered:

Full name: : Blue Hemisphere Airconditioning Pty Ltd, registration number 2005/034803/07 and Coolworx Airconditioning CC, registration number 2008/171979/23
Main business: Airconditioning Services in all aspects
Address for receipt of legal service: Riverside Business Park, 13 Ossewa street, Terreneur, Kempton Park
Webmaster: support@diamatrix.co.za
Website: http://www.bluehemisphere.co.za
Official email address: sales@bluehemisphere.co.za

Marketplace Sellers’ information will be available via the customer support contactable at +27 (0)86 100 2665

Refund Policy

Refunds Generally – for purchases from both Blue Hemisphere Airconditioning & Marketplace Sellers

Cooling off period

Save for certain exceptional cases (as listed below), Section 44 of the Electronic Communications and Transactions Act 25 of 2002 (“ECT Act”) entitles you to cancel any sale concluded on this Website within 7 days after date of receipt of the goods and to obtain a full purchase price refund within 30 days thereafter, subject to being charged by Blue Hemisphere Airconditioning or the Marketplace Seller, as the case may be, for the return of the goods.

Section 42(2) of the ECT Act sets out all the exceptions to the aforesaid ‘cooling-off right’. The exceptions include the following products in respect of which NO cooling off period shall apply:

• Audio or video recordings or computer software which have been opened/un-sealed;
• Airconditioning Units which has been opened or is unsealed as to the original packaging;
• Products that has been installed, by other parties as to Blue Hemisphere trained technicians;
• Products which by reason of their nature cannot be returned or are likely to deteriorate or expire rapidly.

You will only be entitled to a refund in respect of the exceptions listed above, in the event and to the extent that any such refund is provided for under the express provisions of this Refund Policy herein below.

Late delivery

If a product purchased is not delivered within the agreed delivery period (by second party), within 30 days after having purchased the Product, the ECT Act entitles you to cancel such sale on 7 days notice to the seller of such product (i.e. either Blue Hemisphere Airconditioning or the relevant Marketplace Seller, as the case may be), the functionality for giving such notice, must in writing forward to info@bluehemisphere.co.za

Should a product purchased be unavailable, the seller thereof (i.e. Blue Hemisphere Airconditioning or a Marketplace Seller, as the case may be) must notify you and issue a full refund within 30 days after such notice.

Refunds on purchases from Blue Hemisphere Airconditioning

Defective / damaged products

• Please note: the following will NOT be regarded as defects and will not entitle you to any repair, replacement or refund:

• • faults resulting from normal wear and tear;
  • Faults or damage on electrical equipment caused by power supply.
  • Non-servicing or installation done by a non-accredited installer of the manufacturer.
  • Wrong size air conditioning unit chosen for area. (Kwph or Btu) This means the unit is too small and cannot work sufficient for area installed. (Insufficient cooling and heating)

An airconditioning unit is area specific, thus make use of our load calculator to make sure of the size of unit required. If the client has made the wrong choice, no refund will be made as it will not been seen as a defective product.

• Subject to the “Product Exceptions” and “Special Offers” sections below –

• • If Blue Hemisphere Airconditioning supplies the wrong product or if the product is damaged or faulty as a result of a manufacturing defect, Blue Hemisphere Airconditioning must be notified by way of email to info@bluehemisphere.co.za or by contacting the call centre at +27 (0)86 100 2665, within 14 days of invoice. Should Blue Hemisphere Airconditioning not receive notice within such 14 days you will be deemed to have received the correct product, in accordance with the order placed by you, and in good working condition.
  • Blue Hemisphere Airconditioning will exchange the incorrect or faulty product for a replacement upon receipt of the returned product. The returned product must be received in the original packaging and if the product is returned as a result of being an incorrect delivery, the product must not have been utilized. Blue Hemisphere Airconditioning will make all reasonable effort to exchange the product, but if replacement is not possible at the same price or at all, Blue Hemisphere Airconditioning will refund the purchase price including delivery cost upon receipt of the returned product.

• Special Offers: If a defective product was ordered pursuant to a “Special Offer” and such product is no longer being offered at the special price, Blue Hemisphere Airconditioning will not replace same as aforesaid, but will instead refund the purchase price paid including delivery costs upon receipt thereof.

• Product Exceptions: Certain types of Blue Hemisphere Airconditioning products will have different warranty provisions, as prescribe by the manufacturers.

• Airconditioning Units and industry consumables

Subject to an incorrect or defective product being returned to Blue Hemisphere Airconditioning within 14 days of collection, Blue Hemisphere Airconditioning will make a reasonable effort to exchange such product for a correct/non-defective product and, if such replacement is not possible, Blue Hemisphere Airconditioning will refund the purchase price including delivery cost.

The following procedure will apply before incorrect/defective air conditioning units and industry consumables will be regarded as validly returned:

• • Blue Hemisphere Airconditioning must be notified at info@bluehemsiphere.co.za or at +27 (0)86 100 2665
  • Before an incorrect/defective product is returned, a returns authorization must be obtained from info@bluehemsiphere.co.za.
  • Not been installed, and refrigerant gas seals has not been opened. Or any gas charge was done.
  • Blue Hemisphere Airconditioning will in all instances arrange for the collection of the incorrect/defective product by secure courier.
  • All returns will be examined by skilled professionals and if it is found that any returned product has been tampered with or, in the case of an incorrect product, that the product is not in mint condition, it will not be accepted as a return, this includes damages caused by electrical supply / electrical surges.

Non-defective products

• Airconditioning Units: Blue Hemisphere Airconditioning will only refund the price paid for the air conditioning unit (excluding delivery costs) if the goods are returned to Blue Hemisphere Airconditioning at your expense within 14 days of invoice and the goods are unopened (with all seals and shrink wrap and packaging intact).

Processing of refunds

Should you be entitled to a refund for any reason, such refund shall –

• in the case of payment having been made by credit/debit card, be effected on the credit/debit card account as the case may be;
• in other instances, in which case you have the right to request that the funds be paid into your bank account, being your bank account as reflected on Blue Hemisphere Airconditioning records. Blue Hemisphere Airconditioning will not, in this instance, pay funds into a third party bank account.

Refund – Provisions applicable to purchases from Marketplace Sellers

Subject to the provisions herein below which Marketplace Sellers have agreed to abide by, each sale by a Marketplace Seller is subject to such further terms and conditions as may be agreed between you and the relevant Marketplace Seller and any refunds or adjustments will only be provided in accordance with the terms so agreed, or otherwise in the Marketplace Seller’s sole discretion.

Stock shortages

In the event that a Marketplace Seller is out of stock of the product ordered by you, the Marketplace Seller must notify you thereof, whereupon –

• in the event of a temporary out-of-stock situation, you shall be entitled either to cancel the order and be fully refunded, or to maintain the sale subject to a later delivery date as may be agreed;
• in the event of a permanent out-of-stock situation, you shall be entitled to be fully refunded.

In being ‘fully refunded’ as aforesaid, you will be refunded the relevant purchase price, without having to pay any administrative or other charges.

Defective / damaged products

• Note that Marketplace Sellers may sell new and/or used products and it is important for you to take note of the product condition as described in the relevant product listing prior to ordering.

• Guarantee/Warranty: Marketplace Sellers may grant additional warranties/guarantees in respect of products listed by them in Marketplace, as indicated in the relevant product descriptions.

Non-defective products

If you are not satisfied with your choice and the product is still in the original packaging and has not been utilised, you must return it within 7 days of date of delivery and the Marketplace Seller must refund the purchase price (excluding delivery costs) upon receipt of the returned product, provided that you will be liable for the costs of returning such product and the Marketplace Seller may further charge you a handling fee of a maximum of 5% of the product’s purchase price.

Processing of refunds

Marketplace Sellers issue refunds by means of an electronic instruction to Blue Hemisphere Airconditioning to do so. Note that in processing refund instructions received from Marketplace Sellers, Blue Hemisphere Airconditioning merely follows the instructions of the Marketplace Sellers and is not obliged to exercise any discretion, or resolve any disputes in relation to the payment of a refund.

Should a Marketplace Seller instruct Blue Hemisphere Airconditioning to pay a refund, such refund shall

• in the case of payment having been made by credit/debit card, be effected on the credit/debit card account as the case may be;
• in other instances, in which case you have the right to request that the funds be paid into your bank account, being your bank account as reflected on Blue Hemisphere Airconditioning records. Blue Hemisphere Airconditioning will not, in this instance, pay funds into a third party bank account.