1. This website can be accessed at www.atlasaircon.co.za, related mobi-sites and software applications (the “Website”) and is owned and operated by Atlas Air Con (Proprietary) Limited (“Atlas Air Con”, “we”, “us” and “our”).

2. These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of the Website.

3. These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website and by clicking on the “Register Now” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.

4. The Website enables you to shop online for an extensive range of goods including air conditioning and associated accessories (“Goods”).

Atlas Air Con allows third party sellers to list and sell their Goods on the Website (each a “Third Party Seller”). Atlas Air Con will indicate on relevant product pages and checkout pages when Goods are for sale by a Third Party Seller. Certain terms in these Terms and Conditions only apply to purchases from Third Party Sellers, and others only apply to purchases from Atlas Air Con. This will be made clear in the relevant clause

1. These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).

2. These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –

   1. may limit the risk or liability of Atlas Air Con or a third party; and/or

   2. may create risk or liability for the user; and/or

   3. may compel the user to indemnify Atlas Air Con or a third party; and/or

   4. serves as an acknowledgement, by the user, of a fact.

3. Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.

4. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Atlas Air Con to explain it to you before you accept the Terms and Conditions or continue using the Website

5. Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Atlas Air Con in terms of the CPA.

6. Atlas Air Con permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.

Your order is an offer to us for you to buy the Product(s) in your order. You are considered to have placed an order with us by ordering on the Atlas AirCon Online Store, successfully paid for your order and by following the checkout process. After placing an order, we will use the email address you have given us to send you an e-mail acknowledging that we have received your order, and which will contain an Order Reference Number and details of the Product(s) you have ordered ("Order Confirmation"). Please note that the Order Confirmation is only an acknowledgment that we have received your order and does not mean that your order has been accepted by us. All orders are subject to our acceptance of your offer to buy the Product(s) ordered. We will only accept your offer (and form the contract of sale) when we send you an e-mail confirming that the Product(s) has/have been dispatched ("Dispatch Confirmation").

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By placing an order through our website, you warrant that: 
(a) you are legally capable of entering into binding contracts; 
(b) you are at least 18 years old; 
(c) you are a private individual and purchasing products in your capacity as such; and 
(d) you are not purchasing products for the purpose of resale or any unlawful purpose whatsoever.

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1. We may refuse to accept your order: 
   (a) where the Product is not available; 
   (b) where we cannot obtain authorisation from your bank or your credit provider for your payment; 
   (c) if there has been a pricing or Product description error other than where there has been an obvious error (see ‘Price and Payment’ below); 
   (d) if you do not meet the criteria set out in ‘Your Status’ above or

(e) If you misuse the Atlas AirCon Online Store 
 

1. The contract between you and Atlas AirCon (PTY) Ltd ("Contract") will only be formed on the earlier of (a) when we send you the Dispatch Confirmation or (b) when we deliver the Product(s). The parties to the Contract are you and Atlas AirCon (PTY) Ltd. 
    
    

2. The Contract will relate only to those Products in respect of which we have confirmed dispatch in the Dispatch Confirmation or which we have delivered to you. We will not be obliged to supply any Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.

1. To request a return, you may log a return online or contact us via the contact us page on Atlas AirCon Online Store, by email, or by telephoning the Customer Care Team (details are available here: Contact Us).

2. You will then be informed of details of how to return or arrange for the collection of the Product(s). Please note, we can only collect Products from the original delivery address. Returned products may incurre additional transport fees, but where possible, collections will be free of charge when sent to us from an address in South Africa.

3. Requirements for Product return: 

4. A Product return request will only be processed if all the information and documentation required by us is provided by you, such as -

5. Full Model Number of the Product you would like to return

6. Serial Number or IMEI Number of the Product you would like to return

7. Condition of the Product you would like to return and the reason for return (nature of defect of the Product, if applicable)

8. Proof that you bought the Product e.g. tax invoice or credit card confirmation 

9. Before Atlas AirCon (PTY) Ltd grants approval for your return request, Atlas AirCon (PTY) Ltd or an agent chosen by Atlas AirCon (PTY) Ltd will inspect the Product you would like to return at your premises, or Atlas AirCon (PTY) Ltd or its agent will collect the Product from you so that the Product you would like to return can be inspected at a nominated accredited Atlas AirCon (PTY) Ltd pre-inspection agent premises. 

10. Atlas AirCon (PTY) Ltd will carry out the following check during the inspection -

11. Physical Assessment: whether the Product you would like to return is in “as new” condition – i.e. not damaged (if change your mind) or overly worn-out from use (if defective)

12. Warranty Assessment (if defective): whether the Product you would like to return is faulty and if it satisfies Atlas AirCon (PTY) Ltd’s standard warranty conditions

13. Hacking or Rooting (if defective): checking defects related to the rooting or hacking of the Product you would like to return.

14. Full Function Assessment (if defective): whether the Product you would like to return has operational and technical discrepancies

15. Assessment: whether the Product you would like to return is returned complete with its original packaging, all accessories, manuals and consumables  

16. Liquid Ingress Assessment (if defective): whether the Product you would like to return has been damaged by having come into contact with a liquid e.g. water damage

17. If you are returning a Product to us: 

18. Because you have logged a cancellation of the Contract within the 14-day period (see Right to return above), we / any credit provider will process the refund less the 10% surcharge due to you as soon as possible after we have collected the Product from you. We will be responsible for collecting any returned Product from your original delivery address within the Republic of South Africa.

19. We will examine the returned Product(s) and will notify you of the outcome of your request via e-mail within a reasonable period of time (usually within 5 working days of when we receive the Product(s) from you).  

20. If you discover a fault with the Product after 30 days from delivery of the Product(s), we may either repair the Products or replace the Product(s) [and deliver the repaired or replacement Product(s) to your nominated delivery address at a physical address within the Republic of South Africa].

21. If for any other reason (for instance, because you have notified us in accordance with the terms that you do not agree to a change in these terms and conditions or in any of our policies), we will examine the returned Product(s) and will notify you of the outcome of your request via e-mail within a reasonable period of time (usually within 5 working days of when we receive the Product(s) from you). 

22. You have a legal obligation to take reasonable care of the Product(s) while it/they is/are in your possession. If you fail to comply with this obligation and return a damaged Product(s) to us, we may have a right of action against you for compensation for the damage to the Product. In all cases, we reserve the right to inspect the Product(s) and verify any alleged fault or defect. The Product(s) must be in an otherwise 'as new' condition together with any packaging, manuals, accessories, free items

23. and any other components. We reserve the right to refuse a refund or exchange if the Product(s) returned is/are deemed to have been damaged after delivery to you took place.

24. We / any credit provider will usually make any refunds to you using the same method you used to pay for the Product you purchased.

25. We do not cover faults or defects caused by your misuse, neglect, physical damage, tampering or incorrect adjustment or normal wear and tear of the Products or the installation of the Products. Products sold on the Atlas AirCon Online Store are intended for domestic use only and are not for commercial use or resale unless indicated otherwise. Nor do we cover faults due to incorrect installation in your home other than if the installation is performed by an accredited Atlas AirCon (PTY) Ltd installer. Please do not remove the serial number from Product(s)

26. This Returns Policy does not affect your statutory rights.

1. You may be required to register on the Website.

2. To register as a user, you must provide a unique username and password and provide certain information and personal details to Atlas Air Con. You will need to use your unique username and password to access the Website in order to purchase Goods.

3. You agree and warrant that your username and password shall:

   1. be used for personal use only; and

   2. not be disclosed by you to any third party.

4. For security purposes you agree that you may have to enter the correct username and password whenever ordering Goods, failing which you will be denied access.

5. You agree that when prompted on the website, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.

6. You agree to notify Atlas Air Con immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant, loss, or harm.

7. By using the Website, you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.

8. You agree that you will not in any way use any device, software, or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Atlas Air Con representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).

9. You may not use the Website to distribute material, which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.

10. 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 authorised Atlas Air Con representative.

1. Users may place orders for Goods, which Atlas Air Con or the Third-Party Seller may accept or reject. Whether or not Atlas Air Con or the Third-Party Seller accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorisation by Atlas Air Con for the Goods.

2. NOTE: Atlas Air Con or the Third-Party Seller will indicate the acceptance of your order by delivering the Goods to you or allowing you to collect them, and only at that point will an agreement of sale between you and Atlas Air Con or the Third-Party Seller come into effect (the “Sale”). This is regardless of any communication from Atlas Air Con stating that your order or payment has been confirmed. Atlas Air Con will indicate the rejection of your order (by Atlas Air Con itself or the Third-Party Seller) by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.

3. Prior to delivery or your collection of the Goods, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery or your collection of the Goods, you may return the Goods only in accordance with the Returns Policy.

4. Placing Goods in a wish list, shopping basket or a quotation/proforma invoice without completing the purchase cycle does not constitute an order for such Goods, and as such, goods may be removed from the shopping basket or quotation/proforma invoice if stock is no longer available or the price thereof might change without notice to you. You cannot hold Atlas Air Con or the Third-Party Seller liable if such Goods are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.

5. Atlas Air Con reserves the right without notice to reject any payment of a quotation or proforma invoice if prices of the goods have changed.

6. You acknowledge that stock of all Goods on offer is limited, and that pricing may change at any time without notice to you. In the case of Goods for sale by Atlas Air Con, Atlas Air Con will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Goods are no longer available after you have placed an order, Atlas Air Con will notify you and you will be entitled to a refund of any amount already paid by you for such Goods.

7. In the case of Goods for sale by Atlas Air Con or Third-Party Seller, Atlas Air Con relies on inventory information supplied by the relevant Third-Party Seller’s or suppliers and Atlas Air Con accordingly bears no liability for any inaccuracies in the information supplied to it. Consequently, should you order any Goods from Atlas Air Con or Third-Party Seller which are in fact sold-out, you will be entitled to a full refund in line with our refund terms and conditions. Atlas Air Con or Third-Party Seller will not be liable for any resulting dispute or consequential damages because of Goods no longer being available.

8. All offers, deals, discounts, and pricing are available for the specified period and/or while stocks last. Atlas Air Con cannot be held liable for any advertisement of deals that have already expired.

9. Any sale via the Atlas Air Con’s website or offline channel complies with the product specifications/terms & conditions as stated on the Atlas Air Con’s website.

10. Black Friday

11. All pricing is valid while stocks last.

12. Order are only confirmed at the time of an online order confirmation or full payment reflecting in Atlas Air Con bank account.

13. Atlas Air Con reserves the right to reject a confirmed order should stock be sold out. If an order is rejected, an alternative item at its respective pricing at the time of the confirmation of the new order from the client will be offered. Alternatively, a refund will be done in accordance with our refund policies.

14.  All installations are booked chronologically and within Atlas Air Con trading hours. Installation booking’s are scheduled on a first come first serve basis.

15. Any queries or complaints regarding deliveries, installations or customer services are to be directed via email to atlasaircon911@gmail.com or through our contacts page at www.atlasaircon.co.za only. Any query or complaint outside of this channel will not be attended to.

16. All queries or complaints will be attended to within 24 – 48 working hours.

17. Atlas Air Con turnaround time on all deliveries will be 7-14 working days during the Black Friday/Peak season period.

18. Any item ordered outside of the Black Friday category may experience delays in delivery and installation.

1. At Atlas Air Con we strive to bring you the best aircon and heat pump deals around. If you do find a cheaper price on one of our products please contact us and we will beat the price.

2. Best Price Guarantee excludes beating quotes of suppliers or importers of the product.

3. All quotes must be in written form on a valid company letter head.

4. Quotes are beaten if the competitive quote matches the Atlas Air Con quote on a like for like basis.

1. We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.

2. Whether the Goods are for sale by Atlas Air Con or a Third Party Seller, payment can be made for Goods via – 

3. debit card;

4. credit card: where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Goods will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;

5. direct bank deposit or electronic funds transfer: if you pay via direct bank deposit or electronic funds transfer, payment must be made within 5 (five) days of placing your order. Atlas Air Con will not accept your order if payment has not been received;

6. Instant EFT;

7. You may contact us to obtain a full record of your payment. We will also send you email communications about your order and payment.

8. Once you have selected your payment method (save for cash on delivery or direct bank deposit), you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.

9. Cancellations: Once payment has been made and a order is placed, All cancellations on orders and refunds requested by the customer will attract a 10% handling fee. (ie) 10% on the total value of the order or returned item.

10. The price of the Products will be as quoted on the Atlas AirCon Online Store, except in cases of an obvious error. Product prices include VAT at the legal prevailing rate. The price quoted on the Atlas AirCon Online Store for Products excludes delivery and installation charges which are quoted separately on the Atlas AirCon Online Store. ​

11. Product prices and delivery charges are subject to change at any time, but changes will not affect orders in respect of Products for which we have already sent you an order confirmation.   If the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error, we do not have to provide the Products to you at the incorrect (lower) price. However, should a item be listed a “On Sale” the sales price is only valid while stocks last or for the displayed duration (ie) offer end 21 June

1. Atlas Air Con offers 2 (two) methods of delivery of Goods to you. You may elect delivery via:

2. courier; or

3. self-collection.

4. Our delivery charges are subject to change at any time, without prior notice to you, so please check the FAQs for the most up-to-date information. You will see the applicable delivery charges in your cart or on the product page when you check out.

5. Where it accepts your order, Atlas Air Con or the Third Party Seller will deliver the Goods to you as soon as reasonably possible, but no later than 30 (thirty) days of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase price less 10% on the value of your order for handling and processing fees.

6. Atlas Air Con’s obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order. Atlas Air Con is not responsible for any loss or unauthorised use of a product, after it has delivered the product to the physical address nominated by you.

7. We shall take all reasonable efforts to accurately deliver Goods on the Website. However, should there be any errors of whatsoever nature after the delivery and signed POD of the Goods, we shall not be liable for any loss, claim or expense relating to a delivery error.

8. Atlas Aircon and its staff will take all reasonable care to ensure that your products are in 100% working order and perfect condition when collected by a 3rd party delivery agent (courier) the duty of care passes onto the carrier once the product leaves our premises or warehouse facility. The same term applies should you opt to collect your order yourself.

1. We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy.

2. Atlas Air Con shall not be bound by any incorrect information regarding our Goods displayed on any third party websites.

1. Atlas Air Con will indicate on relevant product pages and checkout pages when Goods are for sale by a Third-Party Seller. In such cases Atlas Air Con only provides the platform to facilitate transactions between Third Party Sellers and Atlas Air Con customers. Atlas Air Con is neither the buyer nor the seller of these Goods unless otherwise specified.

2. The Sale formed on acceptance of your order (in accordance with clause 5.2) for Goods that are for sale by a Third-Party Seller is therefore solely between the registered user and such Third-Party Seller. Atlas Air Con is not a party to that sale.

3. The Third-Party Seller is solely responsible for fulfilment of delivery of the Goods. The Third-Party Seller is also responsible to provide an invoice to the registered user if required.

4. Not all Third-Party Sellers are registered VAT (Value-Added Tax) vendors. Only Third-Party Sellers who are registered VAT vendors may charge VAT on Goods sold and issue a tax invoice in respect thereof. If a Third-Party Seller is not a registered VAT Vendor, it may not charge VAT on Goods sold and will not be in a position to issue a tax invoice in respect thereof.

5. Because Atlas Air Con wants the registered user to have a safe and consistent experience, Atlas Air Con will handle any returns under the CPA or the Electronic Communications and Transactions Act 2002 (“ECT Act”), by the registered user arising out of or in connection with the Sale between a registered user and a Third Party Seller on behalf of the Third Party Seller according to Atlas Air Con’s own Returns Policy. Should such claim escalate into being a dispute, although Atlas Air Con is entitled to become involved in an attempt to resolve it, Atlas Air Con is not obliged to do so and any disputes must be resolved between you and the relevant Third Party Seller alone.

1. We respect your privacy and will take reasonable measures to protect it, as more fully detailed below.

2. Should you decide to register as a user on the Website, we may require you to provide us with personal information which includes but is not limited to –

3. your name and surname;

4. your email address;

5. your physical address;

6. your gender;

7. your mobile number; and

8. your date of birth.

9. Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update your personal information.

10. You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.

11. Subject to clause 14.6 below, we will not, without your express consent:use your personal information for any purpose other than as set out below:

12. in relation to the ordering, sale and delivery of Goods;

13. to contact you regarding current or new Goods or services or any other goods offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us);

14. to inform you of new features, special offers and promotional competitions offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us); and

15. to improve our product selection and your experience on our Website by, for example, monitoring your browsing habits, or tracking your sales on the Website; or

16. disclose your personal information to any third party other than as set out below:

17. to our employees and/or third party service providers who assist us to interact with you via our Website, email or any other method, for the ordering of Goods or when delivering Goods to you, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;

18. to our divisions and/or partners (including their employees and/or third party service providers) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new goods or services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us);

19. to law enforcement, government officials, fraud detection agencies or other third parties when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity, or to investigate violations of these Terms and Conditions;

20. to our service providers (under contract with us) who help with parts of our business operations (fraud prevention, marketing, technology services etc). However, our contracts dictate that these service providers may only use your information in connection with the services they perform for us and not for their own benefit;

21. to our suppliers in order for them to liaise directly with you regarding any faulty Goods you have purchased which requires their involvement; and

22. to any Third Party Seller for purposes of sending you an invoice for any Goods purchased from such Third Party Seller, which disclosed information will be limited to your email address (refer to clause 13 above).

23. We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on us, or to protect and defend our rights or property. In the event of a fraudulent online payment, Atlas Air Con  is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.

24. We will ensure that all of our employees, third party service providers, divisions and partners (including their employees and third party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality obligations in relation to your personal information.

25. Ratings and Reviews: When you provide a rating or review of a Product, you consent to us using that rating or review as we deem fit, including without limitation on the Website, in newsletters or other marketing material. The name that will appear next to that rating or review is your First Name, as you would have provided upon registration. If you do not agree to this, please do not put any ratings or reviews on the Website. We will not display your Last Name, nor any of your contact details, with a rating or review.

26. We will –

27. treat your personal information as strictly confidential, save where we are entitled to share it as set out in this policy;

28. take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;

29. provide you with access to your personal information to view and/or update personal details;

30. promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;

31. provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and 6. upon your request, promptly return or destroy any and all of your personal information in our possession or control, save for that which we are legally obliged to retain.

32. We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.

33. Atlas Air Con  undertakes never to sell or make your personal information available to any third party other than as provided for in this policy.

34. Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.

35. If you disclose your personal information to a third party, such as an entity which operates a website linked to this Website or anyone other than Atlas Air Con , ATLAS AIR CON  SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED BY YOU AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION TO THE THIRD PARTY. This is because we do not regulate or control how that third party uses your personal information. You should always ensure that you read the privacy policy of any third party.

36. This website makes use of “cookies” to automatically collect information and data through the standard operation of the Internet servers. “Cookies” are small text files a website can use (and which we may use) to recognise repeat users, facilitate the user’s on-going access to and use of a website and allow a website to track usage behaviour and compile aggregate data that will allow the website operator to improve the functionality of the website and its content, and to display more focused advertising to a user by way of third party tools. The type of information collected by cookies is not used to personally identify you. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature. Please note that cookies may be necessary to provide you with certain features available on our Website, and thus if you disable the cookies on your browser you may not be able to use those features, and your access to our Website will therefore be limited. If you do not disable “cookies”, you are deemed to consent to our use of any personal information collected using those cookies, subject to the provisions of this clause 14.

1. Atlas Air Con  may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.

2. Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.

1. When you visit the Website or send emails to us, you consent to receiving communications from us or any of our divisions or partners electronically in accordance with our privacy policy as set out in clause 14 above.

1. The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of Atlas Air Con , its advertisers and/or sponsors and/or is licensed to Atlas Air Con .

2. You will not acquire any right, title or interest in or to the Website or the Website Content.

3. Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any Website Content contact us.

4. Where any of the Website Content has been licensed to Atlas Air Con  or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.

1. The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.

2. Whilst Atlas Air Con  takes reasonable measures to ensure that the content of the Website is accurate and complete, Atlas Air Con  makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by Atlas Air Con ’s representatives, Atlas Air Con  shall not be bound thereby.

3. Atlas Air Con  disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.

4. Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.

5. Any views or statements made or expressed on the Website are not necessarily the views of Atlas Air Con , its directors, employees and/or agents.

6. In addition to the disclaimers contained elsewhere in these Terms and Conditions, Atlas Air Con  also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Atlas Air Con , its employees, agents or authorised representatives. Atlas Air Con  thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.

1. This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and Atlas Air Con  is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.

2. Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon

1. Atlas Air Con  cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of Atlas Air Con , its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors.

2. Atlas Air Con  shall not be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from your use of, or reliance upon, the website or the content contained in the website; or your inability to use the website, and/or unlawful activity on the website and/or any linked third party website.

3. You hereby indemnify Atlas Air Con  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 and/or any linked third party website

1. We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.

2. Atlas Air Con  may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Atlas Air Con  will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.

3. If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.

4. Atlas Air Con  is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website and/or have created multiple user profiles to take advantage of a promotion or Coupon intended by Atlas Air Con  to be used once-off by you, to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and Atlas Air Con , in whole or in part, on notice to you. Atlas Air Con  shall only be liable to refund monies already paid by you (see Atlas Air Con ’s Returns Policy in this regard), and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.

5. At any time, you can choose to stop using the Website, with or without notice to Atlas Air Con .

1. These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.

2. In the event of any dispute arising between you and Atlas Air Con , you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Gauteng Local Division, Johannesburg) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.

3. Nothing in this clause 22 or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA

1. Atlas Air Con  hereby selects 3 Ciampino Street Bonaero Park 1620, Gauteng as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). Atlas Air Con  may change this address from time to time by updating these Terms and Conditions.

2. You hereby select the delivery address specified with your order as your legal address, but you may change it to any other physical address by giving Atlas Air Con  not less than 7 days’ notice in writing.

3. Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent –

4. by hand will be deemed to have been received on the date of delivery;

5. by prepaid registered post, will be deemed to have been received 10 days after the date of posting;

6. by telefax before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the telefax. All telefaxes sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day; and

7. by email will be deemed to have been on the date indicated in the “Read Receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTION to serve as proof that an email has been received.

1. If you have a complaint about the goods or services provided by us or require information regarding our internal complaints-handling process, please email  atlasaircon911@gmail.com Any query or complaint outside of this channel will not be attended to.

2. All queries or complaints will be attended to within 48 working hours.

1. Atlas Air Con  may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.

2. You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.

3. Any failure on the part of you or Atlas Air Con  to enforce any right in terms hereof shall not constitute a waiver of that right.

4. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.

5. No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.

6. No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.

7. These Terms and Conditions contain the whole agreement between you and Atlas Air Con  and no other warranty or undertaking is valid, unless contained in this document between the parties.