Terms of service

TERMS AND CONDITIONS FOR WEBSITE USE AND SALE OF PRODUCTS

Last Updated: 19 June 2025

These Website Terms and Conditions ("Terms") regulate your access to and use of the website operated by View Lighting ("we", "us", "our") a division of Caco Trading (Pty) Ltd Reg No: 2017/473830/07 available at www.viewlighting.co.za ("Website"), and govern the ordering, sale, and delivery of the products listed on this Website ("Products").


1. DEFINITIONS AND INTERPRETATION

1.1. "Customer" / "you" / "user" refers to any natural or juristic person who visits or interacts with the Website or who places an order for Products.

1.2. "Products" means any floodlights, heaters or related goods offered for sale by us on the Website.

1.3. Headings are inserted for convenience only and must not affect the interpretation of these Terms.

1.4. Words importing the singular shall include the plural and vice versa.

1.5. Words importing any one gender shall include the other genders.


2. ACCEPTANCE OF TERMS

2.1. By accessing, browsing, or using this Website or by placing an order for any Products, you confirm that you have read and understood these Terms and agree to be legally bound by them. If you do not agree to any part of these Terms, please refrain from using the Website.


3. WEBSITE ACCESS AND USAGE

3.1. You are permitted to browse and interact with the Website for personal and legitimate purposes only.

3.2. You agree not to misuse the Website or engage in any activity that may disrupt its functionality.

3.3. We reserve the right to suspend or permanently terminate your access if we believe you have violated any provision of these Terms or misused our Website.


4. REGISTRATION AND ACCOUNT MANAGEMENT

4.1. In order to make purchases, you may be required to create a user account.

4.2. You are responsible for ensuring the accuracy of your account details and maintaining the confidentiality of your login credentials.


5. PRODUCT DISPLAY, AVAILABILITY AND DESCRIPTIONS

5.1. We make every reasonable effort to display Products accurately.5.2. Images on the Website may vary from the actual item, and specifications may be subject to updates, our discretion and election.

5.3. Product availability is subject to stock levels.

5.4. We reserve the right to withdraw any Product from the Website at our sole discretion.

5.5. All specifications, dimensions, diagrams, illustrations, and descriptions of Products provided on our Website or in Product brochures are approximate and for reference only. Actual performance may vary depending on installation conditions, environmental factors, and user application. We reserve the right to update specifications without prior notice.


6. PLACING ORDERS AND CONTRACT FORMATION

6.1. Your submission of an order constitutes an offer to purchase the Products on our Website. We may accept or decline your offer at our discretion.

6.2. An order will be deemed accepted and a binding agreement formed only once we confirm acceptance in writing (via email or Website confirmation) and receive full payment.

6.3. Any order delivered or addressed to us which reflects the customer’s name shall be deemed to have emanated from the customer, and shall be binding on the customer, notwithstanding that such order may have been given or signed by a person not duly authorised by the customer.

6.4. Each order that is accepted by View Lighting shall constitute a separate and distinct contract of sale in respect of the goods forming the subject of such order.


7. PRICING AND PAYMENT TERMS

7.1. Prices are quoted in South African Rand (ZAR) and include VAT unless otherwise indicated.

7.2. Payments must be made through the authorised payment channels indicated at checkout, including EFT, debit or credit card, or approved third-party services.

7.3. Prices are subject to change without notice prior to order confirmation. Once confirmed, pricing will not be altered unless required by statute or regulation.

7.4. A certificate signed by any director of ours (whose appointment need to be proved) reflecting the amount owing by the customer to us, and of the fact that such amount is due, owing and payable, shall be prima facie proof of the fact therein stated for the purpose of any action (whether by way of provisional sentence or otherwise), proof of debt on insolvency or liquidation, or for any purpose where the amount of such claim is required to be established.


8. DELIVERY AND RISK

8.1. Deliveries will be made to the address provided at checkout.

8.2. The signature by the customer, or by any person purporting to be an employee or representative of the customer, or our delivery note shall be regarded as acceptance bythe customer that the goods reflected in such delivery note have been properly and completely delivered.

8.3. Delivery dates are indicative only and not guaranteed. We are not liable for any loss arising from late delivery. Time shall not be of the essence for any contract between you and us, and any dates for delivery provided shall be approximate.

8.4. We deliver to physical addresses within the Republic of South Africa.

8.5. We do not deliver to any address outside of the Republic of South Africa.

8.6. Orders are typically delivered within:

8.6.1. 4 business days in major metropolitan areas;

8.6.2. 7 business days in outlying or regional areas.

8.7. While we aim to meet these timeframes, all delivery dates are estimates only and not guaranteed.

8.8. Deliveries are made Monday to Friday, between 08:00 and 17:00 (excluding public holidays).

8.9. You will be notified by email or SMS once your order has been dispatched.

8.10. Deliveries require a signature or other confirmation by the person accepting delivery, which will be deemed proof of receipt.

8.11. All deliveries for all orders will incur a delivery fee, which fee will be displayed at

checkout and be deemed to be accepted once the order is placed by you.

8.12. Our couriers will make up to three delivery attempts.

8.13. If delivery fails due to incorrect details, unavailability of the recipient, or restricted access, we may:

8.13.1. contact you to arrange re-delivery;

8.13.2. charge an additional delivery fee for re-delivery; or

8.13.3. cancel the order and refund you, less applicable delivery and handling fees.

8.14. Risk in the Products passes to you upon delivery at the address provided.

8.15. Ownership of the Products remains with us until we receive full and cleared payment.

8.16. You are required to inspect the Products upon delivery.

8.17. If any discrepancies, damages, or missing items are noted, please notify us in writing within 48 hours of delivery, failing which the Products will be deemed accepted in good condition.

8.18. We shall not be held liable for any loss, damage, or delay arising from events beyond our control, including but not limited to strikes, pandemics, government actions, supplier shortages, or transport failures.

8.19. In such cases, delivery will resume as soon as reasonably possible.


9. RETURNS AND CANCELLATIONS

9.1. You may return Products within 7 (seven) calendar days of delivery, provided:

9.1.1. the Products are unused, undamaged, and in their original packaging;

9.1.2. a valid proof of purchase is submitted; and

9.1.3. the Products are not excluded under clause 9.8.9.2. In accordance with section 44 of the Electronic Communications and Transactions Act 25 of 2002 (ECTA), you have the right to cancel any online transaction for goods within 7 days of receipt, subject to:

9.2.1. written notice of cancellation being received by us within such period;

9.2.2. return of the goods at your cost and risk;

9.2.3. a handling fee of up to 15% being deducted where appropriate; and

9.2.4. the goods not having been used, damaged, altered, or installed.

9.3. If a return is due to a product defect or delivery error (e.g., incorrect item delivered), please notify us within 48 hours of delivery. In such cases:

9.3.1. we will assess the item, and if confirmed defective or incorrect, we will repair, replace, or refund the item at our discretion;

9.3.2. no handling or return delivery charges will apply;

9.3.3. products must not be used or installed if incorrect or faulty.

9.4. If a product is returned but after inspection is found not to be defective, we will notify you and:

9.4.1. return the item to you at your cost; or

9.4.2. dispose of the item after 30 calendar days if no instruction is received.

9.5. A reasonable handling fee may also apply.

9.6. Refunds, where applicable, will be processed within 7 business days of inspection and approval and will be made using the original method of payment.

9.7. No returns, exchanges or refunds shall be permitted in respect of:

9.7.1. Products custom-cut or manufactured to your specifications;

9.7.2. Products damaged due to misuse, unauthorised modification, or improper installation;

9.7.3. Clearance or end-of-range items clearly marked as non-returnable.

9.8. You acknowledge that under the Consumer Protection Act, 68 of 2008 (CPA):

9.8.1. the right to return a Product within 6 months of delivery applies only where the Product fails to meet the requirements of section 55 (i.e., not safe, durable, or fit for intended purpose);

9.8.2. we reserve the right to inspect any Product and determine the cause of any alleged defect;

9.8.3. we may, in our discretion, repair, replace, or refund a defective Product where required by law.

9.9. For all return requests, please contact us at returns@viewlighting.co.za or use the Returns section in your online account to submit a return request.


10. DEFECTS AND LIMITED WARRANTIES

10.1. We warrant that Products will correspond materially to the description at the time of delivery.

10.2. Except to the extent required by the CPA, all warranties, representations, guarantees or conditions expressed or implied by law, trade usage or otherwise are excluded.

10.3. All lighting Products sold carry a manufacturer’s warranty for a period of 60 (sixty) months from date of delivery.10.4. All heating Products sold carry a manufacturing warranty for a period of 24 (twenty-four) months from date of delivery.

10.5. We do not independently extend this warranty and are not liable beyond the scope of the manufacturer’s terms.

10.6. Claims regarding defects must be lodged in writing within 14 (fourteen) days of delivery. We may inspect the Product and, if necessary, repair, replace or refund at our discretion.

10.7. Improper use, including unqualified installation, voids any warranty. Installation should be performed by certified professionals.

10.8. Products must be installed and used in accordance with the manufacturer’s guidelines and applicable electrical codes. We are not liable for any loss, damage or injury arising from faulty or unauthorised installation. Any warranty claims may be rejected if the Product has been installed improperly, or contrary to specification.

10.9. Products are intended for use in suitable commercial, industrial, or indoor environments, as specified in the relevant datasheets. Use of Products in outdoor, hazardous, high-moisture, or corrosive environments without express confirmation from us may void any warranty or return rights.

10.10. The Customer indemnifies and holds us harmless against any claims, damages or losses arising from the Customer’s use, resale, installation or handling of the Products in a manner inconsistent with our specifications or applicable laws.


11. EXCLUSIONS AND LIABILITY LIMITATIONS

11.1. The Products are sold “as is” (voetstoots) subject to any applicable warranties and guarantees in terms of the Consumer Protection Act, where applicable.

11.2. We shall not be liable for any indirect, incidental, special, or consequential loss or damage, including loss of profits, arising from use of the Website or the Products.

11.3. Where liability arises under the Consumer Protection Act (CPA), such liability shall not exceed the price paid for the affected Product.


12. DATA PROTECTION AND PRIVACY

12.1. We respect your privacy and will only collect, use and retain your personal information in accordance with the Protection of Personal Information Act, 2013 (POPIA).

12.2. Information is collected solely for order fulfilment, communication, and internal analytics. We do not sell personal information to third parties.

12.3. All use and retention of your personal information will be in accordance and subject to the Privacy Policy as found on our Website.


13. INTELLECTUAL PROPERTY RIGHTS

13.1. All intellectual property, including but not limited to logos, graphics, trademarks, text, and images, remains our exclusive property or that of our licensors.

13.2. No content from this Website may be copied, reproduced, or exploited for commercial use without our prior written consent.14. FORCE MAJEURE

14.1. We shall not be liable for any failure or delay in performing our obligations under these Terms and Conditions where such failure or delay is caused by circumstances beyond our reasonable control. This includes, without limitation, any natural disaster, epidemic or pandemic, act of government, armed conflict, civil unrest, industrial or  labour disruption, failure of suppliers or couriers, disruptions to power supply or internet connectivity, or any other unforeseen event that prevents or hinders our ability to deliver the Products or perform any part of this agreement.

14.2. During the period in which a force majeure event continues, our obligations shall be suspended, and we will use reasonable efforts to notify you and to mitigate the impact of the event.

15. RELAXATION INDULGENCES

15.1. Any condonation of any breach of any of the provisions hereof of other acts or relaxation, indulgence or grace on the part of us shall not in any way operate as or be deemed to be a waiver by us of any rights under these Terms or be construed as a novation thereof

16. COMPLIANCE WITH THE CONSUMER PROTECTION ACT, 68 OF 2008 (CPA)

16.1. These Terms and any sale of Products via the Website are subject to the applicable provisions of the Consumer Protection Act, 68 of 2008 (“CPA”) where the Customer is a natural person, or a juristic person whose annual turnover or asset value at the time of the transaction falls below the monetary threshold prescribed in terms of the CPA.

16.2. If these Terms or any provision contained herein are found to conflict with any compulsory provision of the CPA, such provision shall be deemed to be qualified to the extent necessary to comply with the CPA.

16.3. Nothing in these Terms is intended or must be understood to unlawfully restrict, limit, or avoid any rights or obligations created for either party in terms of the CPA.

16.4. Where the Customer qualifies as a consumer under the CPA:

16.4.1. Products may be returned within 10 (ten) business days of delivery in accordance with section 20 of the CPA, subject to reasonable deduction for usage or damages;

16.4.2. The Customer has a right to receive goods that are of good quality, in working order, and reasonably suitable for the purpose for which they are intended, as contemplated in section 55 of the CPA;

16.4.3. The Customer may, in appropriate circumstances, have the right to claim a refund, replacement, or repair of defective goods as contemplated in section 56 of the CPA.


17. COMPLIANCE WITH THE NATIONAL CREDIT ACT, 34 OF 2005 (NCA)

17.1. The sale of Products and provision of services via this Website do not constitute a credit agreement as defined in the National Credit Act, 34 of 2005 (“NCA”), unless expressly stated otherwise and agreed to in writing.17.2. Should we at any time offer goods or services on credit, such transactions will be subject to a separate written credit agreement, compliant with the NCA, and:

17.2.1. Will only be entered into after conducting an affordability assessment and creditworthiness check as required by the NCA;

17.2.2. Will include a full disclosure of the principal debt, interest, fees, and total repayment obligations;

17.2.3. May include the registration of the credit agreement and the consumer’s information with the National Credit Regulator or a credit bureau.

17.3. Customers are encouraged to carefully review the terms of any credit agreement and ensure that it aligns with their financial capacity.

17.4. We are not a registered credit provider under the NCA unless otherwise disclosed on our Website or in writing.


18. GOVERNING LAW AND DISPUTES

18.1. These Terms are governed by and construed in accordance with the laws of the Republic of South Africa.

18.2. You consent to the jurisdiction of the Magistrate’s Court or any other competent court in South Africa, notwithstanding that the amount may otherwise exceed its jurisdiction.


19. DISPUTE RESOLUTION PROCEDURE

19.1. In the event of a dispute, the parties agree to attempt resolution through direct negotiation. If unsuccessful, either party may refer the dispute to mediation or arbitration. Nothing shall preclude either party from seeking urgent or interim relief in a court of law.


20. NOTICES AND DOMICILIUM

20.1. The parties choose the following addresses for the purposes of serving all legal notices and documents in terms of these Terms:

20.1.1. The Company:

20.1.1.1. Physical address: 23/24 Mountjoy Street, Wilbart, Germiston, Gauteng

20.1.1.2. Email address: info@viewlighting.co.za


20.1.2. The Customer:

20.1.2.1. The email address and/or physical address provided during registration or at checkout shall serve as the Customer’s domicilium citandi et executandi.

20.2. Either party may change its domicilium address by giving the other written notice of the new address, provided such notice is received at least 7 (seven) days before the change becomes effective.

20.3. Any notice actually received by a party shall be deemed valid notice, regardless of the method of delivery.


21. GENERAL PROVISIONS

21.1. No variation or waiver of these Terms shall be binding unless recorded in writing and signed by both parties.

21.2. If any part of these Terms is deemed invalid or unenforceable, the remainder shall continue to apply in full force.

21.3. These Terms, together with any accepted order, constitute the entire agreement between the parties.


22. CONTACT DETAILS

View Lighting, a division of Caco Trading (Pty) Ltd t/a Elegen (Pty) Ltd

Email: sales@viewlighting.co.za

Phone: 011 455 4900

Physical Address: 23/24 Mountjoy Street, Wilbart, Germiston, GautengANCILLIARY POLICIES

All terms, phrases, and definitions used in the Terms shall have the same meaning when used in these policies.


1. PRIVACY POLICY

3.1 We value your privacy and are committed to protecting your personal information under the Protection of Personal Information Act (POPIA).


Information We Collect:

3.2 Personal details (name, email, phone number);

3.3 Delivery and billing information;

3.4 Purchase history and preferences;

3.5 Device and usage data (cookies and analytics).


Purpose of Collection:

3.6 To process and deliver your order;

3.7 To manage your account and customer support needs;

3.8 For marketing (with opt-out option);

3.9 To analyse and improve our services.


Sharing Information:

3.10 We may share your data with trusted service providers who assist in delivery, payment processing, or marketing.

3.11 We do not sell your data.


Your Rights:

3.12 You may request access to, correction or deletion of your data;

3.13 You may opt out of marketing communication at any time.

Data Security:

3.14 We implement reasonable technical and organisational measures to safeguard your information.

Contact Information:

3.15 Please contact us at info@viewlighting.co.za for any questions about your privacy.

2. COOKIE POLICY

4.1. We use cookies to enhance your browsing experience on our website.


What Are Cookies?

4.2. Cookies are small text files stored on your device when you visit our website.

4.3. They help us remember your preferences and improve performance.


Types of Cookies Used

4.4. Essential cookies (for website functionality);

4.5. Performance cookies (analytics and visitor tracking);

4.6. Functional cookies (to remember user choices).


Consent

4.7. By using our website, you agree to our use of cookies.

4.8. You can manage cookie preferences through your browser settings.Disabling Cookies

4.9. Disabling cookies may affect the usability and performance of the site.

Contact Information

4.10. Please contact us at info@viewlighting.co.za for any questions about your the use of

cookies.