TERMS & CONDITIONS

A Legal Disclaimer

HVAC DIRECT (PROPRIETARY) LIMITED WEBSITE TERMS & CONDITIONS

Introduction 1.1 This website (including hvac-direct.co.za, related mobi-sites and software applications) (the “Website”) is owned and operated by HVAC Direct (Proprietary) Limited (“HVAC Direct”, “we”, “us”, “our”). 1.2 These Website Terms & Conditions (“Terms”) govern use of the Website and the ordering, sale and delivery of goods (including air conditioning units and associated accessories) (“Goods”). 1.3 By accessing or using the Website, registering, placing an order or clicking any “Register” or equivalent button you confirm that you have read, understand and agree to be bound by these Terms. 1.4 The Website may host listings by third‑party sellers (“Third‑Party Sellers”). Where applicable, product pages and checkout pages will indicate whether Goods are sold by a Third‑Party Seller. Certain clauses herein apply specifically to purchases from Third‑Party Sellers.
Important notice 2.1 These Terms apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (“CPA”). 2.2 Certain provisions may: limit HVAC Direct’s liability; create liability for you; require you to indemnify HVAC Direct or a third party; or constitute acknowledgements by you. Read carefully and ask us to explain any clause you do not understand before accepting these Terms. 2.3 Nothing in these Terms is intended to unlawfully restrict or avoid rights created under the CPA.
Use of the Website; risk and warranties 3.1 Your use of the Website is entirely at your own risk. You assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website. 3.2 HVAC Direct takes reasonable measures to ensure Website content is accurate and complete, but makes no representations or warranties (express or implied) as to the quality, timeliness, operation, integrity, availability, functionality, accuracy, completeness or reliability of the Website or its content. HVAC Direct is not bound by any representations or warranties made by its representatives unless confirmed in writing by an authorised HVAC Direct representative. 3.3 HVAC Direct disclaims liability for any damage, loss or expense (direct, indirect or consequential) arising from or in connection with your access to or use of the Website and/or any content therein, except where liability cannot be excluded by law. 3.4 The Website and all information on it are provided “as is” without warranty of any kind, including implied warranties of merchantability, fitness for a particular purpose, completeness or non‑infringement, except as required by law. 3.5 Any views or statements on the Website are not necessarily the views of HVAC Direct, its directors, employees or agents.
Viruses, malware and security 4.1 HVAC Direct makes no warranty or representation that files or information on the Website are free from viruses, spyware, malware, trojans or any other destructive code. You accept all risk associated with such malicious code except where such risks arise due to the gross negligence or wilful misconduct of HVAC Direct, its employees, agents or authorised representatives. 4.2 HVAC Direct disclaims all liability for any damage, loss or liability arising from access to or use of the Website.
Workmanship, installations and limitation of liability 5.1 Workmanship damage disclaimer: HVAC Direct staff and contractors will take reasonable care but cannot be held liable for damage caused by workmanship mishaps (including breakages) or consequential structural, electrical or plumbing damage, or failure of goods to perform as expected, except to the extent caused by gross negligence or wilful misconduct. 5.2 All installation works carried out by HVAC Direct staff or contractors are performed at the property owner’s/tenant’s own risk. 5.3 IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Product guarantees and manufacturer warranties 6.1 HVAC Direct will honour factory guarantees or manufacturer warranties applicable to defective equipment purchased from HVAC Direct in accordance with the manufacturer’s terms. The Website itself and its information are not warranties of product performance.
Formation of contract; order acceptance 7.1 Your order is an offer to purchase the Goods. After you place an order you will receive an order acknowledgement containing an Order Reference Number (“Order Confirmation”). The Order Confirmation is an acknowledgement of receipt only and does not constitute acceptance. 7.2 HVAC Direct will only accept your offer and form a binding contract when we send a Dispatch Confirmation confirming the Goods have been dispatched, or upon delivery of the Goods, whichever occurs earlier. 7.3 By placing an order you warrant that you: (a) are legally capable of entering into binding contracts; (b) are at least 18 years old; (c) are buying as a private individual (unless otherwise agreed); and (d) are not purchasing for resale or unlawful purposes. 7.4 HVAC Direct may refuse to accept or may cancel your order if: the Product is unavailable; payment authorisation cannot be obtained; there is a pricing or description error; you do not meet eligibility criteria; or you misuse the Website.
Returns, cancellations and refunds 8.1 To request a return, contact us via the Website contact page, email or telephone. Returns will be processed in accordance with HVAC Direct’s Returns Policy as set out on the Website. 8.2 A return request requires provision of requested information (full model number, serial/IMEI, condition and reason for return, proof of purchase, etc.). HVAC Direct or its nominated agent may inspect the Product at your premises or at a nominated inspection centre prior to authorising a return. 8.3 HVAC Direct will assess physical condition, warranty entitlement, hacking/rooting, full function, completeness of packaging/accessories and liquid ingress where applicable. 8.4 If you cancel within any applicable cooling‑off period (for example 14 days where applicable), refunds will be processed less any applicable handling surcharge (for cancellations by the customer, a 10% handling fee may apply) and in accordance with the Returns Policy. Refunds are usually processed using the same method you used to pay. 8.5 HVAC Direct is not liable for faults caused by misuse, neglect, physical damage, tampering, incorrect adjustment, normal wear and tear or incorrect installation unless installation was performed by an accredited HVAC Direct installer. 8.6 You must take reasonable care of Products while in your possession. HVAC Direct reserves the right to refuse refunds where Products are returned damaged after delivery.
Registration and account security 9.1 You may be required to register and create a username and password. You agree that your account is for personal use only and must not be shared. 9.2 You are responsible for maintaining the confidentiality of your credentials and for all activity on your account. You must notify HVAC Direct immediately if you suspect unauthorised access. 9.3 You agree not to use any automated tools (robots, spiders, scrapers) or other devices to access, copy or monitor the Website without prior written consent, except standard search engine indexing. 9.4 You may not use the Website to distribute defamatory, offensive, hateful or unlawful material.
Availability, stock and pricing 10.1 Stock is limited and prices may change at any time. Placing items in a wishlist or cart does not constitute an order. 10.2 HVAC Direct uses reasonable efforts to reflect stock availability but cannot guarantee availability. If Goods become unavailable after you place an order, we will notify you and refund any amount paid. 10.3 HVAC Direct is not liable for inaccuracies in stock information provided by Third‑Party Sellers. 10.4 All offers, deals and discounts are valid while stocks last or for the stated promotion period.
Best price guarantee 11.1 HVAC Direct may offer a Best Price Guarantee subject to terms: competing quotes must be on valid company letterhead, in writing, and match HVAC Direct’s quote on a like‑for‑like basis. Quotes from suppliers or importers are excluded.
Payment and price 12.1 Payment methods accepted are listed on the Website and may include debit card, credit card, instant EFT and direct bank deposit. Credit card payments may require additional verification and authorisation. 12.2 Payment by EFT/direct deposit must be made within the time stated on the Website (e.g., within 5 days of order). 12.3 Product prices displayed include VAT where applicable and exclude delivery and installation charges unless otherwise stated. Prices are subject to change, but not for orders already confirmed by HVAC Direct. 12.4 Cancellation after payment and order placement may attract a 10% handling fee on refunds.
Delivery 13.1 Delivery methods include courier or self‑collection. Delivery charges are displayed at checkout and may change. 13.2 HVAC Direct (or the relevant Third‑Party Seller where applicable) will deliver Goods as soon as reasonably possible and no later than the Delivery Period displayed (generally within 30 days of payment unless otherwise notified). 13.3 If we cannot deliver within the Delivery Period, you may cancel within 7 days of our notice and receive a refund less any applicable handling fee. 13.4 HVAC Direct’s delivery obligation is fulfilled when the Goods are delivered to the physical address nominated by you. HVAC Direct is not responsible for loss or unauthorised use after delivery to that address. 13.5 Responsibility for the Goods passes to the carrier once they leave HVAC Direct’s premises (or on collection).
Errors and omissions 14.1 HVAC Direct will take reasonable care to ensure product descriptions, availability and prices are accurate. In the event of errors (not due to gross negligence), HVAC Direct will not be liable for loss or expense beyond refunding amounts already paid. 14.2 HVAC Direct is not bound by incorrect information on third‑party websites.
Third‑Party Sellers 15.1 Where Goods are sold by a Third‑Party Seller, HVAC Direct provides the platform only unless otherwise stated. The sale is between you and the Third‑Party Seller. 15.2 Third‑Party Sellers are responsible for fulfilment and invoicing. HVAC Direct may, where appropriate, assist with returns under the CPA or the Electronic Communications and Transactions Act 2002, but is not obliged to resolve disputes between you and the Third‑Party Seller.
Privacy and cookies 16.1 HVAC Direct respects your privacy. Personal information collected during registration and orders may include name, email, physical address, gender, mobile number and date of birth. 16.2 We will use and disclose personal information only for purposes set out in our Privacy Policy (ordering, delivery, customer service, marketing where consented, fraud prevention, compliance with legal obligations, and as necessary to third parties engaged to provide services to HVAC Direct). 16.3 We will not sell your personal information. We will take reasonable technical and organisational measures to protect your data, will provide access and correction rights, and will delete or return personal information on request where legally permissible. 16.4 Ratings and reviews: if you post a review, your first name may be displayed alongside your review. Do not include personal details in reviews if you do not consent to publication. 16.5 The Website uses cookies; disabling cookies may limit functionality. By continuing to use the Website without disabling cookies you consent to their use as described in our Privacy Policy.
Changes to these Terms 17.1 HVAC Direct may amend these Terms at any time. Amended Terms will apply to your use of the Website after they are posted. It is your responsibility to review the Terms regularly. Continued use after changes constitutes acceptance.
Electronic communications 18.1 By using the Website or sending email to HVAC Direct you consent to receive electronic communications from us in accordance with our Privacy Policy.
Intellectual property 19.1 All Website content (text, images, logos, software, trade marks, designs etc.) is protected by law and remains the property of HVAC Direct or its licensors. You acquire no rights in Website content by using the Website. 19.2 Reproduction, distribution or commercial use of Website content without our prior written consent is prohibited.
Notices, complaints and contact 20.1 Delivery, installation and customer service queries or complaints should be directed via the contact channels published on the Website. HVAC Direct will endeavour to respond within the timeframes stated on the Website. 20.2 Specific promotional terms (for example free delivery brands, Black Friday conditions, installers scheduling and turnaround times) are as published on the Website and may vary by promotion. Please refer to the applicable product or promotion page for details.
Governing law 21.1 These Terms are governed by the laws applicable where HVAC Direct operates. To the extent permitted by law, disputes will be subject to the jurisdiction of the competent courts.
General 22.1 If any provision of these Terms is held invalid or unenforceable, the remainder will continue in full force. 22.2 HVAC Direct’s failure to enforce any right under these Terms will not be deemed a waiver of that right.

For full details of our Returns Policy, Privacy Policy, delivery options, promotional terms and contact details, please consult the Website or contact our customer care team.