1. Permission to use the website, battery exchange application and disclaimer

The Company permits the use of this Website and associated applications subject to these Terms and Conditions. By accessing this Website in any way, you are deemed to have accepted all Terms and Conditions unconditionally. If you do not agree to these Terms, you must immediately cease use of this Website.

Disclaimer

• User Risk: Any person who accesses or relies on this Website or the information contained herein does so entirely at their own risk.
• No Warranties: While we take reasonable measures to ensure accuracy, the Company makes no representations or warranties, express or implied, regarding the quality, timeliness, integrity, or functionality of this Website.
• “As Is” Basis: All information is provided “as is” without warranty of any kind, including implied warranties of merchantability, fitness for a particular purpose, or non-infringement, to the extent allowed by law.
• Errors and Omissions: The Company accepts no responsibility for any errors or omissions on this Website.
• Technical Security: We make no warranty that files available on this Website are free of viruses, malware, trojans, or any code that may corrupt or compromise the security of your hardware or software.

2. Website updates including Terms and Conditions

• Right to Amend: The Company reserves the right to update or amend these Terms at any time without prior notice. Users are encouraged to check the Website regularly. Continued use of the Website following changes constitutes deemed acceptance of the new Terms.
• Discontinuation: You may discontinue using the Website at any time without notice; however, this does not affect your ability to re-access the site under the then-current Terms.

3. Personal Information and Privacy

Your use of the Website is governed by our Privacy Policy, which is available for viewing on our Website and is incorporated herein by reference.

4. Explicit Consent

By using our Website, you provide explicit consent for the Company to process your data as described in our Privacy and Cookie sections to improve your user experience and provide tailored shopping solutions.

5. Website Acceptable Use

• Age Restriction: You must be 18 years or older to use this Website. Users under 18 may only use the site with a parent or legal guardian’s involvement.
• Interference: You agree not to use any device, software, or instrument to interfere with the proper working of the Website. Automated monitoring (robots, spiders) is prohibited without prior written consent, except for standard search engine technology.
• Content Restrictions: You may not use the Website to distribute defamatory, offensive, unlawful material or hate speech.
• Commercial Use: You may not copy, post, or use Website information for the benefit of any other website without express prior written consent.
• Misconduct: If you breach these rules, the Company may, at its sole discretion, suspend/terminate your access and hold you liable for any costs incurred due to your misconduct.

6. Intellectual Property

All content, including logos (Eleksa/EVI), branding, vehicle summaries, and technical manuals, is the proprietary property of the Company and is protected by South African and international copyright laws.

7. Complaints Procedure

If you believe your rights have been infringed by the Website or other users, please address your claims to our Information Officers at: info@eleksa.co.za.

8. Warranties, Limitations of Liability and Indemnity

• The Company shall not be liable for any direct, indirect, incidental, special, or consequential injury, loss, or damages which might arise from your use of, or reliance upon, any material or content contained in, or inability to use, and/or unlawful activity on, the Website and/or any linked third-party website.
• You hereby indemnify the Company 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 or any linked third-party website.
• Warranty Limitations: This warranty does not apply to defects resulting from:
  • Normal wear and tear.
  • Negligence, abuse, or accidental damage by the Customer.
  • Unauthorised modifications to the vehicle, Battery Management System (BMS), or solar configurations.
  • Use of the vehicle contrary to the “Electric Vehicle and Battery Care User Manual.”

9. Governing Law and Jurisdiction

These Terms are governed by the laws of the Republic of South Africa. Any disputes shall be subject to the exclusive jurisdiction of the South African courts.

10. Online Purchasing Terms and Conditions

Website/App Online Registration

• Registration: You must be 18+ to purchase. Registration is free and does not obligate a purchase but is required before placing your first order.
• Account Security: You are responsible for maintaining the confidentiality of your login credentials. We accept no responsibility for losses arising from the misuse of your account.
• Confirmation: Upon successful registration, you will receive a confirmation email or verification SMS.

11. Payments and Pricing

• Currency: All prices are in South African Rand (ZAR) and include VAT unless stated otherwise.
• Exclusions: Delivery fees, solar conversions, and customisation costs are calculated separately.
• Release of Goods: Full payment must reflect in our bank account before any product is released.

12. Service Centre and Repairs

• Collection Policy: Vehicles must be collected within seven (7) working days of notification that the service or repair is complete.
• Storage Charges: Failure to collect a vehicle within the 7-day period will result in daily storage charges as determined by the Company.
• Risk: While we take all reasonable care, vehicles left at the Company site are stored at the owner’s risk.

13. Battery and Technical Specifications

• User Manuals: Users must strictly adhere to the “Electric Vehicle and Battery Care User Manual” provided at the time of purchase.
• Warranty Voidance: Unauthorised modifications to the Battery Management System (BMS) or solar configurations will void the vehicle’s warranty.

14. Product Pricing and Availability

• Territory: Products are subject to availability and delivered only within defined areas of the Republic of South Africa.
• Changes: We reserve the right to discontinue products or change specifications/pricing without notice or liability.
• Variations: Every effort is made to display products accurately; however, slight variations in colour or packaging may occur.

15. Unintended and obvious errors

We are not bound by unintended and clear inaccuracies in pricing or descriptions. If an error is discovered, we may cancel the transaction or allow you to uphold it by paying the correct price.

We recommend confirming price and stock at your local Eleksa Branch before visiting.

16. Payment

• Accepted Forms: Cash, EFT, Debit, and Credit cards.
• Release Policy: Electronic payments must reflect in the Eleksa account before goods are released.
• Direct Deposits: May require up to 3 working days for confirmation.

17. Confirmation of Orders

You will be notified via email or telephone when your order is ready. A collection confirmation and signature are required for the release of goods.

18. Delivery of Orders

Parts and Components

• Courier Service: At the customer’s request, parts and smaller components will be dispatched via The Courier Guy or Pudo.
• Costs: All shipping costs will be determined and quoted prior to final confirmation and are for the client’s account.
• Tracking: A tracking number will be provided via the contact details on record.

Vehicles

• Specialised Transport: The Company utilises specialised third-party vehicle couriers for electric mobility units.
• Quotation of Fees: Delivery fees are calculated based on distance and dimensions and are for the client’s account.
• Schedules: Delivery dates are dependent on the third-party courier’s schedule. The Company is not liable for logistical delays.

19. Store Pick Up

Your collection confirmation must be obtained before goods can be released, and you will be required to sign the receipt.

20. Risk & Ownership

Risk passes to the Customer upon delivery/collection. Ownership remains vested in the Company until the full purchase price is paid.

21. Cancellation & Returns

• Timeline: Cancellations must be made telephonically within 48 hours of ordering to avoid courier liability (012 881 8066).
• Damage: Defective/damaged goods must be reported within 24 hours of delivery.
• Handling Fees: A 10% handling fee applies if returned without original/undamaged packaging.
• Exemptions: Custom-built vehicles or specific solar/seating conversions are exempt from “change of mind” returns.

22. Online Security

To remain secure while shopping:

• Verify the URL starts with “https://” and check for the lock icon.
• Use strong passwords and avoid opening suspicious emails.
• Keep antivirus software updated and use a VPN on public Wi-Fi.