Terms and Conditions
1. Introduction
As our valued customer, we encourage you to take a moment to read these “Website Terms and Conditions of Use” relating to www.nextlevelsolutions.co.za. These “Terms and Conditions for purchasers” govern the use of the “Next Level Energy Solutions” Website located at the domain name: www.nextlevelsolutions.co.za (hereinafter referred to as the “Website”). This Website enables customers to browse for items including solar, solar accessories, and solar items (“Products”) online and have them quoted to their nominated information placed within South Africa.
By using this Website you are bound by and agree to these T&Cs, which we may change without notice from time to time. If you do not agree to any of the T&Cs you should not continue to use the Website. By using the website, you warrant that you are 18 years of age or older and of full legal capacity. If you are under the age of 18 or if you are not permitted to enter into a binding agreement, then you may use the website only with the involvement supervision of your parent/legal guardian. If consent has been given by your parent/legal guardian, then they agree to be bound to these Terms and Conditions and to be held liable and responsible.
If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Next Level Energy Solutions to explain it to you before you accept the Terms and Conditions or before continuing using the Website. Each time you use the Website, you will need to indicate your acceptance of these Terms by clicking on the button marked “I Accept” during the request for a quote. The Terms apply to ALL users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
2. Definitions
“Customer” shall mean any natural or juristic person who enters or intends to enter into an electronic transaction with Next Level Energy Solutions for the quotations of the products offered by Next Level Energy Solutions.
“Items” shall mean the products selected by the Customer for quotations when placing a request on our Website.
“request” shall mean the selection of items requested for a quotation by you from our website.
“Policies” shall mean the various Next Level Energy Solutions policies contained in or referred to herein and on our Website, which form part of these Terms and Conditions and which may be updated from time to time;
“Products” shall mean all products or services displayed for sale and request quotation on our website, including but not limited to Solar energy panels.
“Website” shall mean our online profile, which can be accessed at (www.nextlevelsolutions.co.za).
“Working Day” shall mean any day between 08h00 and 17h00 Monday to Friday, excluding Saturdays, Sundays, and statutory public holidays in the Republic of South Africa.
3. Requesting information and/or Quotation of Products and Services
We are only a stockholder of certain products/items that are custom-made per orders received. This site allows you, the user to place an electronic “request for quotation” for products on offer, subject to the availability of such products. Therefore the product/quotation can take a few days to be completed before the quotation will be sent via email. Next Level Energy Solutions holds the final decision on the delivery method that will be used to distribute the item/ product quoted. A contract of sale between you and Next Level Energy Solutions comes into effect once you have accepted the quotation confirm in writing and your payment has been authorized by Next Level Energy Solutions (or has been received into Next Level Energy Solutions bank account). We reiterate that the above is dependent on the availability of stock.
Next Level Energy Solutions cannot be held responsible if the product(s)/ services you requested for quotation have become unavailable when you requested a quotation online via the website quotation request, please note that no prices are visible on our website and therefore a written quotation will send, please acknowledge that the stock of all products/ services on limited offer is limited. In the case of products for sale by Next Level Energy Solutions, Next Level Energy Solutions will take all reasonable efforts to monitor stock levels and ensure that when the products are no longer available the offers are discontinued from the website. When products/services are no longer available after requesting a quote, Next Level Energy Solutions will notify you.
4. Canceling and ending quotations
Next Level Energy Solutions reserves the right to refuse the processing of quotation for any request, with notice given to you.
Quotation Request applied trough our website contact page will be quoted per request manually and send via email.
5. Fraud
In the interest of preventing fraud, Next Level Energy Solutions reserves the right to refuse to process any Quotations and/or to cancel any purchase, partially or completely. Next Level Energy Solutions may request relevant documentation in order to complete relevant fraud checks and cancel any order where the necessary documentation is not provided timeously. In the event of a fraudulent purchase being placed on the Next Level Energy Solutions website, cardholders will be advised to initiate a chargeback via their bank in order to be refunded. Take note that Next Level Energy Solutions will not process refunds for orders suspected of fraud. Next Level Energy Solutions does not provide order details relating to orders suspected of fraud.
6. Product Pricing
The price of each product will be available per request quoted. Take note that prices of products may differ from season to season. Each February and June in the yearly calendar, there is a price increase. Whilst Next Level Energy Solutions shall exercise all reasonable efforts to ensure that the prices on the requested quote of all products are correct at the time of your request, if however, the product is offered at an erroneous price, Next Level Energy Solutions will not be obliged to supply the said product at the incorrect price. Next Level Energy Solutions shall only be liable to return the rand value paid upon the non-refundable deposit already made by you, in the case where you choose to cancel the accepted quotation, once you have been made aware of the correct price.
7. Use of Next Level Energy Solutions Website and Social Media platforms
Next Level Energy Solutions is active on Facebook, Instagram, Twitter, and other social media platforms from time to time (hereinafter referred to as “Social Media Platforms”). You agree to use the Website for lawful purposes only. You are prohibited from posting or transmitting, by means of reviews, comments, suggestions, ideas, questions, or other information through the Website and Social Media Platforms, any content which is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane or amounts to hate speech, or racially, ethnically or otherwise objectionable content of any kind, which content includes but is not limited to: content that may fall within the scope of Section 9 of the Constitution of the Republic of South Africa, which prohibits discrimination on the grounds of, inter alia, race, sex, gender, marital status, religion; or content that encourages conduct that would constitute a criminal offense or give rise to civil liability, or otherwise violate any applicable local, provincial, national, or international law; or content that constitutes an invasion of privacy; or content that is an infringement of any intellectual property right; or |content that contains software viruses; or content that constitutes a political statement, commercial solicitation, or “Spam”. Although we do not purport to review (nor are we under any obligation to review) any submitted content, we reserve the right to remove any content from the Website and Social Media Platforms where we deem such content, in its sole and absolute discretion, to be an infringement of this clause or harmful in anyway whatsoever. Should you place on or submit to the Website or Social Media Platforms any such harmful content or should you breach any clause in these T&Cs, we may immediately terminate and/or suspend your access to all or parts of the Website or Social Media Platforms, without any further notice to you. You also warrant that your identity (in other words, you are who you say you are), and that you can prove your identity should we require you to do so. No person, business, or website may use any robot, spider, links, mirror or other automatic device or technology, or manual process to monitor, copy or glean information from this Website or Social Media Platforms or for the collection or use of any listings, descriptions, and/or price lists from the Website or Social Media Platforms for the benefit of a competing merchant that supplies products comparable to those offered on the Website without permission from Next Level Energy Solutions 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 company representative.
7. Applicable Law
This Website is controlled, operated, and administered from the Republic of South Africa. As such, it is governed by South African legislation. Access to the Website, from territories or countries where the Content and services of the products are browseable and requested quotes on the Website, is illegal, is prohibited You and Next Level Energy Solutions are hereby subject to the non-exclusive jurisdiction of the High Court of South Africa. Each and every section of these terms and conditions must be read as individual and separable from the rest of the terms and conditions. Should any court or qualified authority find that any of the terms are invalid or unenforceable then the remainder of these terms and conditions will remain standing, despite the invalidity or unenforceable of an individual term. These Terms and Conditions constitute the entire agreement between Next Level Energy Solutions and the User / Customer with regards to the use and content of this Website.
8. Updating of Terms and Conditions
Next Level Energy Solutions reserves the rights to change, modify, add or remove from portions or the whole of these Terms and Conditions from time to time, in its sole discretion. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User/Customer’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes. Should you not be satisfied, you must not place any further orders or continue to use the Website in any other way.
9. Copyright and other Intellectual Property Rights
Any and all copyright relating to the website, including these terms and conditions, data, software, icons, texts, graphics, images, video clips, sound clips, names, logos, trademarks, and designs that are displayed on or incorporated in this Website are protected by law, including but limited to copyright and trademark law. The Website content is the property of Next Level Energy Solutions. Next Level Energy Solutions reserve the right to make any changes to the Website, the Content, or to products and/or services offered through the Website at any time and without notice. Any use, distribution, or reproduction of the Website Content is prohibited unless expressly authorized in terms of these by an authorized representative of Next Level Energy Solutions or otherwise provided for in law.
10. Indemnity/Limitation of Liability
The Website and all Content on the Website, including any current or future offer of products or services, are provided on an “as is” basis and may include inaccuracies or typographical errors. Next Level Energy Solutions provides no guarantee, implied or otherwise, that the content or technology in respect of this website is free of errors or omissions. Next Level Energy Solutions makes no warranty or representation as to the availability, accuracy, or completeness of the Content. Next Level Energy Solutions nor any of its marketing partners shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Content or the Website or any functionality thereof, or of any linked website. Furthermore, Next Level Energy Solutions cannot guarantee that service will be 100% uninterrupted or faultless. Should you experience any malfunctions and errors then kindly report same to: info@nextlevelsolutions.co.za ; Whilst every attempt is taken by Next Level Energy Solutions to ensure your security when making use of the Website, due to the nature of the Internet we are unable to guarantee that any products or any websites accessible via the Website will be free of viruses, spyware, malware, Trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt or in any way impede the functionality of your computer system and associated use. You accept all risk associated with the existence of the above, Next Level Energy Solutions thus disclaims all liability for any damage, loss, or liability of any nature whatsoever arising out of or in connection with your access to or use of the Website. We, therefore, caution you to check all emails, attachments, and files before downloading them. It is your responsibility, before accepting these Terms & Conditions, to determine whether the service available through this website satisfies your individual needs and is compatible with your hardware or software. Information, ideas, and opinions expressed on this website should not be regarded as professional/expert advice, or as Next Level Energy Solutions’ official stance. You are encouraged to obtain professional advice before taking any action on the strength of information, ideas, or opinions expressed on this site. We may provide links to other websites, social media sites, or resources. We are unable to accept and do not accept, responsibility for these websites, social media sites, or resources; nor have we endorsed their content, products, or services merely because they are accessible via our Website. Whilst Next Level Energy Solutions shall take all reasonable steps to safeguard the security of any information you input or send to us in connection with our Website, by using secure services and encryption technology where we deem appropriate, we accept no responsibility or liability whatsoever, to the fullest extent permitted by law, for any damages that you may suffer as a result of the breach of the confidentiality of such information. You hereby agree to indemnify Next Level Energy Solutions against any loss, claim or damage suffered, or liability sustained by you or any third party acting for you, due to your or their use of our website and/or any third party websites linked to our website. We shall not be liable to you in contract, delict (including for negligence) or otherwise: for any amount in respect of any damage or loss arising from the consequences of your use of the Website, viruses received by you via the Website or of our failure to provide the Website in accordance with this Agreement; or for any economic losses or damages, any indirect, special or consequential loss (including (without limitation) loss of data, goodwill or reputation or any wasted expenditure) including but not limited to losses arising from your use of the Website or through any viruses; or for any failure to perform our obligations or failure to perform our obligations properly as a result of our being prevented from doing so by an event beyond our reasonable control (which may include, without limitation, strikes; labor disputes; acts of God; war; riot; civil action; malicious acts or damage; compliance with any law, governmental or regulatory order, rule, regulation or direction; any act or omission of any government or other competent authority; accident; equipment or services failure, including the unavailability of third party telecommunications services, lines or other equipment; the failure of third party suppliers to comply with their obligations to us; fire; flood or storm).
11. Availability and Termination
We will use reasonable endeavors to maintain the availability and functionality of the Website. Next Level Energy Solutions may in its sole discretion and without any prior notice suspend or terminate the operation of the Website or any of its content subject to us processing any orders then already made by you. In the event of scheduled maintenance, we reserve the right to discontinue providing the Website without providing any prior notice to you.
12. Breach
Should you breach any of these T&Cs we reserve the right to cancel any Order and/or your website registration, notwithstanding our rights to exercise other legal remedies available to us.
13. Applicable Law
These Terms are governed by the laws of the Republic of South Africa.