TERMS AND CONDITIONS

1.General
1.1.For purposes of these General Terms and Conditions and elsewhere on the website, "XhaleXtreme" means Xhale Xtreme an online shopping and retail website; having website address at http://www.xhalextreme.co.za and email address being info@xhalextreme.co.za
1.2.“Purchaser” shall mean the person contracting with XhaleXtreme to purchase select products
1.3."Products" shall all products including services presently being sold or supplied online by XhaleXtreme
1.5.“Website” shall mean the website www.xhalextreme.co.za
1.6.The below General Terms and Conditions will apply to any/all agreements and legal relations pursuant to which XhaleXtreme acts as supplier of products to a purchaser.

2.Orders
2.1.XhaleXtreme will not be required to execute an order or compensate a purchaser for any loss if XhaleXtreme made an error when presenting the product, formulating its characteristics, or stating its price, and
2.1.1.it should have been clear to the purchaser that such an error; or
2.1.2.if the purchaser should not, under the circumstances, have reasonably relied on XhaleXtreme delivering quoted product, with stated characteristics, at the price.
2.2.The purchaser agrees to purchase the products solely on the basis of a photograph and description thereof, provided by XhaleXtreme on its website. XhaleXtreme agrees that the products delivered to the purchaser must in all material respects and characteristics correspond to that which an ordinarily alert purchaser would have been entitled to expect, based on the photograph and/or description of the products on the online website, as the case may be;
2.3.Despite what is stated above the purchaser acknowledges that:
2.3.1.All features, content, specifications, Products and Prices described or depicted on the Website are subject to change from time to time;
2.3.2.All measurements, weights, colours and similar descriptions are approximate and are provided for convenience purposes only;
2.3.3.While XhaleXtreme makes all reasonable efforts to accurately display the attributes of the products, including the applicable colours, the colour which is displayed on the purchaser’s computer monitor will depend on purchaser’s computer system and XhaleXtreme cannot guarantee that the purchaser’s computer shall accurately display such colours;
2.3.4.The inclusion of any products or services on the website, at a particular time, does not imply or warrant that these products or services will be available at the given time or any time

3.Delivery
3.1.XhaleXtreme shall endeavour to supply the order, provided that XhaleXtreme or its suppliers have such products in stock, to the delivery address within 10 – 20 (ten to twenty) working days of the order confirmation and the required receipt of payment.
3.2.To ensure correctness of information, registering purchases must ensure all their details are correct so that they may be contacted should same be required for any reason whatsoever.
3.3.The delivery periods referred to hereinabove are of an indicative nature only. Should any order not be delivered within 30 days, the purchaser can either agree to wait or will be entitled to cancel the order at no charge.
3.4.In the event that the courier fails to deliver the products to the duly elected physical address of the purchaser as a result of no fault of the courier, after making 2 (two) separate attempts in this regard, the products shall be returned to XhaleXtreme and the purchaser contacted to rearrange delivery at the cost of the purchaser.
3.5.XhaleXtreme shall arrange delivery by courier, of it’s sole discretion and signature will be required upon delivery of the order to the purchaser.

4.Delivery Costs
4.1All orders from major centres attract a fee of R150.00 for delivery. Other areas are R300.00 for delivery.

5.Stock
5.1.XhaleXtreme does not carry stock due to its extensive ranges and stock is ordered on demand from international suppliers
5.2.Should stock be unavailable the purchaser shall be advised accordingly and arrangements made with the purchaser regarding the waiting period and/or backorder and/or replacement with an alternative product

6.Payment
6.1.Payment is made via online credit card transactions through PayGate (Pty) Ltd No credit card details are stored on our website. Purchaser’s may go to PayGate’s website (www.paygate.co.za) to view their security certificate and security policy.
6.2.Purchaser’s details will be stored by XhaleXtreme separately from card details which are entered by the client on PayGate’s secure site. XhaleXtreme takes all reasonable steps to prevent attempted fraud and a transaction may be refused if XhaleXtreme is not satisfied with its legitimacy.

7.Sale
7.1.Placing a product in the shopping cart, or adding it to a wishlist without completing the purchase cycle, does not constitute an agreement of sale between XhaleXtreme and the purchaser. The sale is conclusive only once payment has been received by XhaleXtreme.
7.2.Purchaser cannot hold XhaleXtreme liable if any products are not available when the purchase cycle is completed; and XhaleXtreme may remove such product from the shopping cart if no stock is available.
7.3.An agreement of sale between XhaleXtreme and a purchase only comes into effect upon credit card authorisation being received from the issuing bank.
7.4.XhaleXtreme reserves the right to refuse to accept and/or execute an order without giving any reasons. XhaleXtreme also reserves the right to, in its sole discretion, cancel orders in whole or in part as circumstances dictate, in which event XhaleXtreme shall only be liable to refund monies already paid by the purchaser.

8.Returns / Refunds Policy
8.1.XhaleXtreme shall return products or refund purchaser in accordance with Sections 55 and 56 of the Consumer Protection Act 68 of 2008 as amended from time to time and in accordance with the provisions of the return policy below:
8.1.1.XhaleXtreme cannot be held liable for products not fitting, as the onus is upon the purchaser to ensure that they have followed the sizing guidelines
8.1.2.Products may not be returned unless the incorrect product has been supplied or the product is damaged or faulty upon delivery. In such instance, the following will apply:
8.1.2.1.the product is returned in its original condition - including packaging, documentation, labels, warranty cards, manuals and accessories; and
8.1.2.2.the purchaser returns the product within 7 (seven) days of receipt and confirms same by sending a written notice to customerservice@xhalextreme.co.za (within afore-said 7 (seven) day period); and
8.1.2.3.All returns must be couriered back to XhaleXtreme prepaid. The onus is on the purchaser to ensure that the goods returned are received by XhaleXtreme within 10 (ten) days of written notice.
8.2.On receipt and acceptance of returned product XhaleXtreme will make all reasonable effort to exchange said product, however if replacement is not possible XhaleXtreme will refund the purchase price, including delivery cost. Such amount will be refunded within 30 (thirty) days of cancellation, beginning on the day written notice was given.
8.3.We cannot offer exchanges or returns where the original packaging has been opened, or where the seal has been broken and on such products and/or the products have been utilised and Xhale Xtreme reserves the right to not accept returns and/or exchanges on selected products.

9.Backorder Policy
9.1.If a product selected is temporarily out of stock at the time of your order, you will be notified via email and advised of the expected delivery date of the backordered product. Backordered items are delivered as soon as they are available
9.2.If for any reason whatsoever the product is discontinued or out of stock permanently, you will be notified and you can elect to replace product with an alternative product or you will be refunded the amount relevant to such product

10.Cancellation
10.1.Due to the nature of the order process of XhaleXtreme with its international suppliers, once a payment has been confirmed, the order may only be cancelled within 24 (twenty-four) hours and no later, in writing to customerservice@xhalextreme.co.za
10.2.No cancellations will be accepted after the 24 (twenty-four) hour period from date and time of placing of such order
10.3.The purchaser will be refunded within 5 (five) working days in the event of such cancellation in terms of 10.1

11.Warranty Policy
11.1Where a product has a supplier's warranty, such product can be returned within the extended supplier warranty period after delivery of the product. Please note that any extended supplier warranty is subject to the terms and conditions of the supplier or manufacturer. These are usually stated in a brochure or leaflet inside or on the product packaging. It is your responsibility to make yourself aware of any such terms and conditions and understand the warranty
11.2Any extended warranties are at the sole discretion of the supplier to XhaleXtreme.

12.Legal
This site is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law.

13.Purchaser’s Information
13.1.XhaleXtreme shall take all reasonable steps to protect the personal information of Purchaser. For the purposes of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000.
13.2.XhaleXtreme will store the data provided by purchaser in a data file. Such data will be used to execute purchaser’s' orders and will be kept as long as is necessary to handle any complaints about the execution of an order. No data will be passed on to third parties if such should jeopardise the purchaser's privacy.

14.Changes to Terms and Conditions
XhaleXtreme may, at its sole discretion, change these terms and conditions or any part thereof at any time without notice.

15.Indemnity
Without derogating from the generality of any of the provisions of these terms and conditions, and subject to the provisions of the CPA, XhaleXtreme shall not at any time be liable for any claims of whatsoever nature and howsoever arising for direct or consequential loss or damage which may be sustained by the purchaser in connection with the use of the products and the purchaser hereby indemnifies XhaleXtreme against all such claim.

16.Acceptance
Upon receipt of payment made by purchaser to XhaleXtreme, it will deemed that the purchaser accepts these terms and conditions.

17.Intellectual Property Rights
All the content, trademarks and data on this web site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs, media, marketing materials,pictures and agreements, are the property of or licensed to XhaleXtreme and as such are protected from infringement by local and international legislation and treaties.

18.Domicilium
18.1.XhaleXtreme chooses as its domicilium citandi et executandi for all purposes under these terms and conditions, whether in respect of court process, notice, or other documents or communication of whatsoever nature 274 Chelverton Avenue, Mondeor, Johannesburg 2091, Gauteng, South Africa.
18.2.The Purchaser will use as domicilium citandi executandi the address which purchaser registers on the XhaleXtreme website