Terms And Conditions

Section1: Scope of application

All orders that are cancelled will be subjected to a 15% cancellation fee.

The present Terms and Conditions are applicable to all business dealings and contracts between the Elio Electro Tech (“seller” in the following) and any person (“buyer” in the following) concluding a sales contract via the website www.online.elio.co.za (“website” in the following) with the seller. The conclusion of a sales contract via the website correlates with the buyer’s acceptance of the present terms and conditions.

The seller reserves the right to change the services or the present Terms and Conditions at any time without prior notice except for the display of a notification on the website.

The Terms and Conditions shall apply as displayed on the website of the time of contract conclusion. The contract is concluded through digital signature with a click performed by the buyer on the website.

It is assumed that the buyer read and accepted the Terms and Conditions as an integral part of the sales contract.

Section 2: Headquarters

The seller is the Elio Electro Tech Pty Ltd. headquartered at: 38 Golden Drive, Morehill, Benoni, South Africa.

Section 3: Contract

3.1. Cancellation Fee: Please note that a cancellation fee of 15% will be applied to all cancellations made less than 24 hours after order processing. This fee covers administrative costs and losses incurred due to late cancellations. If you need to cancel or reschedule, please contact us as soon as possible to minimize any charges. We understand unforeseen circumstances can arise, and we'll work with you to find a solution. However, our cancellation policy is in place to ensure we can continue to provide high-quality services to all our customers.

3.2. The content of the website is and remains the property of the seller and is a call to submit an offer to the seller. If the buyer transmits personal and other information to the seller using the website, he submits such an offer to the seller.

The acceptance of the offer to buy goods or services requires the buyer to explicitly accept the Terms and Conditions. The acceptance of the offer results in the Terms and Conditions becoming an integral part of the contract.

After the buyer submitted an offer to the seller and he accepted it, the seller sends an order confirmation to the buyer. The order confirmation may include the price of goods or services such as installation support, the VAT,  transport and shipping fees for goods and the total price. It also states the expected delivery date.

3.3. The sales contract shall then be deemed concluded. The file is kept at the following address: 38 Golden Drive, Benoni, South Africa.

3.4. The Website only uses fully secure online payment systems. Customers‘ banking details are kept secret at all times and no banking details are directed through or transmitted to the website www.solarmart.online.

3.5. Price displayed on order: the announced price is considered validated only when your order is shipped. Indeed, due to the fluctuation of raw material prices since 2020, Elio Electro Tech reserves the right to cancel and/or modify the price per item before shipment of the order. If the customer does not accept the new price, the customer is entitled to request a full refund of the order in accordance with Article 16.3. Under no circumstances may the customer request compensation or indemnification from Elio Electro Tech for a possible price change. Only the right of withdrawal can be applied.

Section 4: Proof of purchase

The contract parties mutually declare that e-mails and digital data suffice as a proof of purchase. All other conditions of the Terms and Conditions shall remain unchanged. Trusted secure preservation of data is ensured through the systematic digital saving of data in a non-alterable database.

Section 5: Right of revocation for consumers

5.1. Definition 

An online retail contract is concluded between Elio Electro Tech and a private buyer (consumer). As a consequence, the consumer reserves the right to withdraw from the contract on the purchase of goods without giving reasons within twenty four hours starting from the day the consumer or a third party appointed by him (not the forwarding company) receives the purchased goods or, if multiple goods are purchased and shipped separately, receives the last good or, if one good is purchased and split into different elements for shipping, receives the last element of the purchase or, if the regular delivery of goods over a certain period of time is purchased, receives the first of such regularly delivered goods. The buyer suffers no harm in the event of a withdrawal, which cannot be sanctioned with a penalty.

The private buyer (consumer) reserves the right to withdraw from a contract on the delivery of services without giving reasons within twenty four hours starting from the date of contract conclusion. The buyer suffers no harm in the event of a withdrawal, which cannot be sanctioned with a penalty.

If product has been delivered, the return transport costs are the responsibility of the Customer to the warehouse of Elio Electro Tech. The Customer is responsible for conditioning, packaging, transport insurance. In the event that Elio Electro Tech contests a damage during return transport, it will be noted on the transport delivery slip. Elio Electro Tech will not be able to reimburse the product at any point. The Customer will be responsible for claiming reimbursement for breakage caused during return transport. Elio Electro Tech is in no way responsible.

The refund of the item will be made by Elio Electro Tech 14 Calendar Days. The transport costs of initial delivery can’t be refunded.

5.2. Conditions

1. Any requirement for Returns must be communicated to Elio Electro Tech prior to the execution of the return.
2. If there are any discrepancies with Product delivered (Quantities & Product ID’s) and any damages on our delivery, our Customers have 24 Hours to raise a complaint with Elio Electro Tech using the website https://online.elio.co.za/contact.
3. Sometimes Elio Electro Tech will require to Inspect the Goods prior to approval for a return – this will be arranged with our dedicated Sales Responsible.
4. Elio Electro Tech will provide a Return Material Authorisation (RMA) document a copy of which must be sent back with the physical return of Products. Without the RMA document the goods will not be accepted by the Elio Electro Tech stores.
5. Products to be returned must still be unused and in original packaging without which the return will be rejected by Elio Electro Tech Stores.
6. A copy of the invoice/delivery note ( against which the delivery had taken place) and a GRN (Goods Return Note) from your company ( if your company is using one ) must accompany the above RMA document.
7. Our Customers are allowed 14 Calendar days from the RMA document date to return Products to Elio Electro Tech – after which the RMA becomes null & void & the products will not be considered for return.
8. Elio Electro Tech reserves the right to apply a Handling Fee of 25% unless a different handling fee have been agreed on for Goods returned and the fee (if applicable) will be communicated to you via our Sales Team.
9. Products will only be eligible for return on or before 30 days from the date of delivery.
10. The product code that needs to be returned should be clear on the snap
11. The pack condition also should be seen on the snap
12. As usual the product has to be in its original packaging.

Section 6: Methods of delivery

6.1. Shipping address 

The buyer indicates the shipping address of his choice as well as a phone number to coordinate appointments with the forwarding company when ordering. 

The buyer can choose to have the goods delivered to a shipping address of his choice (excluding PO boxes)

In the event of the absence of the buyer upon delivery, he shall contact the forwarding company in order to set another appointment. The forwarding company reserves the right (in some rare cases) to refuse a second delivery until the additional transport fees are paid.

6.2. Delivery time

The Elio Electro Tech informs the buyer upon confirmation of the order of an estimated delivery time. The buyer commits himself to delivering all goods at the delivery time (“in due time”) if possible. However, the delivery time is not an integral part of the contract and no claims result from it. If the seller fails to deliver in due time, this failure to comply does not constitute any right to withdraw from the contract, to cancel it, to refuse acceptance of the goods or to claim reimbursements or compensation. The Elio Electro Tech shall inform the buyer of any delay in delivery occurring without fault.

6.3. Delivery of the goods and transport risk

The transport risk is borne by the seller until the goods are delivered to the shipping address indicated by the seller. Upon delivery of the goods, the buyer shall check the complete and perfect delivery of the goods (for instance: damage of packaging). In the event of identified defects or doubts on the perfect conditions of the delivered goods, the seller shall mention these on the delivery note and sign it. The buyer receives a bill and the delivery note upon delivery. The buyer shall inform the seller within 48 hours of any identified defects, indicating the corresponding serial numbers and adding supportive documentation including photos. The seller is responsible for verifying and fixing the defects, provided that the buyer has mentioned them on the delivery note upon delivery. Upon delivery of the goods, the risk is solely borne by the buyer. In the event of a return shipment to the Elio Electro Tech, the transport risk is solely borne by the buyer.

Section 7: Modalities for the performance of services

If the seller and buyer conclude a contract about support services for installation, the installer contacts the buyer to schedule an appointment. If the seller is unable to keep the appointment, he shall inform the buyer as soon as possible and set another appointment. After provision of the services, the installer and the buyer jointly fill out the final acceptance protocol for the photovoltaic installation.

Section 8: Payment terms

8.1. Advance payment Payment is due with order. The buyer can choose from various payment methods: payment per credit or bank card: VISA or MASTER CARD and payment per bank transfer. Should the banking institute refuse the payment, the seller shall cancel the order. Upon reception of the payment at the Elio Electro Tech, the order is confirmed, saved and the buyer receives a payment confirmation via e-mail. Goods cannot be reserved prior to reception of the payment via bank transfer. If no payment is received within 7 calendar days after placement of an order, the seller shall cancel the order.

Section 9: Force majeure

In the event of force majeure, the Elio Electro Tech shall not be liable for non-performance of the contract.

At non-performance of a contract between the seller and a professional buyer, the Elio Electro Tech shall not be liable for any damages directly or indirectly deriving from the non-performance, including but not limited to operating loss, lost profit, other loss, damage or costs.

Section 10: Data protection

The conclusion of a sales contract via the website online.elio.co.za requires the buyer to share personal data with the seller to enable order processing. The Elio Electro Tech reserves the right to use information that was shared by customers or visitors of the website who shared their e-mail address in order to contact them with spontaneous offers or business information. Elio Electro Tech commits itself to the non-disclosure of personal data to a third party, legal or natural person. According to the copyright and author’s rights law currently in force, the buyer reserves the right to access, correct, delete the personal data he shared with the seller at any time. Buyers can claim this right by contacting the following address and providing a proof of identity:

Elio Electro Tech, 38 Golden Drive, Morehill, Benoni, South Africa online@elio.co.za.

Section 11: Warranty

Warranty claims are only admissible if the buyer kept the bill and delivery note in the original. The manufacturer warranty is described in the product guarantee. The modalities for warranty claims can be displayed and downloaded on the website www.online.elio.co.za. The buyer can purchase a warranty extension within 6 months after purchasing a product. After expiration of this deadline, the Elio Electro Tech reserves the right to refuse a warranty extension. In the event of a breakdown in the warranty period, the manufacturer is responsible for repairing or replacing the product in the customary scope. The Elio Electro Tech is responsible for establishing the contact between the buyer and the manufacturer.

Section 12: Company address

Headquarters of the Elio Electro Tech: 38 Golden Drive, Benoni, South Africa

This is NOT the contact address of our customer service! Please contact the customer service of the Elio Electro Tech:

• in the “Contact” section of the website www.online.elio.co.za
• via e-mail: online@elio.co.za

N.B.: In order to speed up the processing of your inquiry, please use the specific subject “Customer Service” followed by:

• Un-subscription
• Reimbursement
• Providing supporting documentation
• Simple inquiry
• Shipping

Please also include your name, surname, e-mail address and an order number in your inquiry.

Section 13: Copyright and Product presentation

The whole of the website www.online.elio.co.za and all its content is and remains the exclusive property of the Elio Electro Tech. The reproduction, modification, distribution and every kind of digital or analogue exploitation of the website’s content beyond the scope of the copyright law shall require explicit approval by the Elio Electro Tech. Violators will be prosecuted.

The picture and text is not contractual. The picture on the website of Elio Electro Tech is just to appreciate the product bought by customer. The description on page product is not contractual. Elio Electro Tech company is not responsible if the picture is not actual or haven’t been update. However Elio Electro Tech will do its best to actualise it as soon as possible. Only the manufacturer data available on the manufacturer web site define the use of the product available on Elio Electro Tech web shop.

Section 14: Applicable law and competent jurisdiction

The present Terms and Conditions are governed by South African law. Any dispute relating to the validity, applicability, interpretation, implementation and/or exclusion of the present Terms and Conditions is governed by South African law and comes under the jurisdiction of the city of Johannesburg. Legal competence remains unaffected in the event of several defendants, incidental claims, third-party proceedings and appeal proceedings.

Section 15: Payment Conditions

Direct bank transfer: Your account will be debited directly after making the payment through your internet banking website.

Card Payments: The amount will be reserved on your card and will be debited after confirming the sales order.

Article 16 : Order with installation

16.1 Payment of an order

The Customer must prepay the totality of the order including the installation in order for it to be considered as validated. The order process starts after receipt of the full payment. The amount of the material is invoiced by Elio Electro Tech. The amount of the installation is blocked in an escrow account. Elio Electro Tech is the trusted third party between the Client and the Installer.

16.2 Commitment

Elio Electro Tech undertakes that the installation of the complete kit sold via the Elio Electro Tech web shop will be sole responsibility of the buyer.

All related costs for the installation will be borne by the Client and cannot be borne by the Elio Electro Tech.

Elio Electro Tech is in no way responsible for the installation carried out by the Installer. Elio Electro Tech only acts as a business introducer putting the Client and the Installer in contact.

If the installation has not been carried out by the Installer, any dispute relating to the validity, application, interpretation, execution and/or termination of these general terms and conditions of sale and its consequences shall be subject to South African law and shall be brought before the competent courts of Johannesburg City if the installation has not been carried out. This attribution of competence will be imposed in particular in the event of multiple defendants, incidental requests, intervention, or appeal in guarantee. If the installation has not been carried out, the present general terms and conditions of sale shall apply.

If the installation has been carried out by the Installer, any dispute relating to the validity, application, interpretation, execution of the installation and its consequences will be subject to the legislation of the country of delivery of the kit and will have to be brought before the competent courts. Elio Electro Tech shall not be liable for any dispute between the Installer and the Customer. Elio Electro Tech may act as a mediator in the context of its relationship between the Customer and the Installer.

16.3 Withdrawal period

In accordance with Article 5 of the present general terms and conditions of sale, the withdrawal period is 14 days after delivery of the equipment.

In the case of an installation that has started within the first 14 days of delivery, the refund of the installation amount will be defined in proportion to the work done by the installer. This quota is defined in relation to the time spent in hour(s) on the Customer’s site.

If the withdrawal period is applicable in connection with Article 5, and if the installation has not started, the customer decides to cancel the installation service and only this service, the total amount of the installation is refunded, free of charge.

If the withdrawal period is applicable in connection with Article 5, and if the installation has not started and the customer decides to cancel the entire order including the material and the installation, the total amount of the installation is refunded, free of charge. The amount of the material is refunded in accordance with Article 5 of these general terms and conditions.

If the withdrawal period is applicable in connection with Article 5, and if the installation has started, the customer decides to cancel the installation service and only this service, the total amount of the installation in proportion to the time spent in hour(s) on the site by the Installer.

16.5 Installation Time

Under no circumstances shall the installation times estimated by Elio Electro Tech at the time of the order or after the order be contractual and justify a reason for cancellation or immediate reimbursement of the amount of the installation by the Client. Elio Electro Tech undertakes to follow up the order in conjunction with the Installer in order to obtain the fastest possible delivery time.