Terms and Conditions

OVERVIEW

This website is operated by Omninela Medical Suppliers. Throughout the site, the terms “we”, “us” and “our” refer to Omninela Medical Suppliers. Omninela Medical Suppliers offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.

Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Omninela Medical Supplies, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Omninela Medical Supplies and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of South Africa.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at CustomerService@omninela.co.za

SECTION 21: Terms and Conditions of agreement of Omninela Medical to companies and wholesalers continued:

Terms of reference for the assignment may be varied by mutual consent in writing.

21.1) Placement of orders:

• Orders will only be accepted where an official company order is either received by hand, fax or e-mail. (No verbal or telephonic orders will be accepted)
• The Applicant shall provide Omninela Medical with an order number when placing an order
• It is further the sole responsibility of The Applicant to determine that goods ordered are suitable for the purposes of the intended use.

21.2) Cancellation of orders:

• Order cancelations will only be accepted in writing by e-mail.
• Orders for items such as non-stock items are not cancellable once placed. It is the responsibility of the Applicant before placing an order to familiarise themselves whether an order for items would be cancellable or not.

21.3) Stock being returned for credit:

• Credit will only be passed for stock invoiced during the past 30 days.
• All returned goods should be in saleable condition and in the original packaging.
• Credit will only be passed upon receipt and inspection of items and is subject to Omninela Medical discretion.
• Associated collection and delivery charges will not be included in the credit passed.

21.4) Warrantee Claims:

All products supplied carry a factory warrantee against faulty materials and workmanship.

• This warrantee varies from product to product and may change without prior notice. It is the responsibility of the applicant when ordering an item to familiarise themselves with the terms of the warrantee applicable to such an item
• Products failing due to faulty materials or workmanship will be either replaced or returned to the manufacturer for inspection. The decision will be made by Omninela Medical whether a product is replaced or needs to be returned to the manufacturer for inspection. The decision of the manufacturer would be considered as final.
• A warranty claim form with claim reference number has to be obtained from Omninela Medical Sales Department for each item claimed.
• Only claims with reference numbers obtained within the warrantee period of the specific item claimed will be considered.
• The item claimed has to reach Omninela Medical within one week from the date of which the claim number has been issued. Should the item reach Omninela Medical after the one week, a new claim number with claim date will be issued on receipt.

21.5) Delivery / Damage in transit or loss of parcels:

Omninela Medical only accepts the responsibility of damage in transit or loss of parcels for goods shipped by Omninela Medical. No responsibility will be accepted for parcels collected on behalf of the applicant.

The Applicant agrees that the signature of any agent, contractor, sub-contractor or employee of The Applicant on Omninela Medical’s official delivery note/invoice/waybill, or the delivery note of any authorised independent carrier will constitute delivery of the goods purchased.

Any delivery date stated on the order confirmation is approximate only. Omninela Medical shall not be bound by that date, but will make all reasonable efforts to deliver by that date.

Whilst Omninela Medical will endeavour to ensure that goods are delivered timeously, it shall not be responsible for any delays in the delivery of such goods, and The Applicant shall not be entitled to refuse acceptance of such late deliveries. Omninela Medical shall in any event not be liable to The Applicant, or to any third party, for any loss of whatsoever nature as a result of goods not being delivered timeously.

The risk in and to the goods shall pass from Omninela Medical to The Applicant on the date of delivery notwithstanding that ownership will not pass to The Applicant until full payment of the purchase price. Delivery shall be deemed to have taken place against signature of Omninela Medical’s delivery note, proof of posting if the goods are posted to The Applicant or delivery to the South African Transport Services or Road Carrier if the goods are railed or transported by Omninela Medical.

The Post Office/South African Transport Services or Road Carrier shall act as the agent of THE APPLICANT.

In the event of Omninela Medical acceding to any request by The Applicant to postpone delivery of the goods, or in the event of The Applicant failing to give Omninela Medical sufficient information to enable it to process any order, The Applicant will pay any costs and expenses thereby incurred by Omninela Medical.

The Applicant agrees that goods will be offloaded at the nearest accessible point on site. Omninela Medical shall not be held responsible for any damage to any goods, and/or any losses of goods, delivered during the delivery process, arising from any cause whatsoever.

21.6) Supply shortages on shipped orders:

Omninela Medical will not be responsible for short-shipped items that are not reported within two (2) business days from delivery.

21.7) Ownership

Ownership in all goods purchased from Omninela Medical will vest in Omninela Medical until such time as the total amount due has been paid in full.

21.8) Responsibility

The responsibility for purchased goods transfers from Omninela Medical to the Applicant once a delivery document has been signed by the Applicant.

21.9) Payment of Account:

 The Applicant agrees to settle their account before or on the due date as indicated on their monthly statement. Should the Applicant not receive a monthly statement, it remains the responsibility of the Applicant to request a copy of their statement.

All accounts are payable only by method of electronic funds transfer, unless authorised in writing by Omninela Solutions.

21.10) Over Due Accounts:

Interest is chargeable on all over due accounts from the invoice date of such an amount outstanding at an interest rate of 4% above the prime interest rate as indicated by SA Reserve Bank for the time such payment is outstanding. An administration fee of R250.00 is chargeable monthly for administering such overdue accounts. Omninela Medical reserves the right to discontinue such account where payments have fallen into arrears. In the event of this being exercised, the full balance then owing by the Applicant shall immediately become due and payable on demand.

21.11) Recovery of legal / collection costs

 Should Omninela Solutions instruct its attorneys or collection agent to collect any overdue amounts, or to take any action against The Applicant in the implementation or protection of Omninela Medical’s rights,   

Omninela Medical shall be entitled to the recovery of all legal or collection costs arising there from, on the scale as between attorney, agent or collection agency and own client.

21.12) Liability of Omninela Medical

Under no circumstances will Omninela Medical be liable for any consequential damages or for any delictual liability of any nature whatsoever towards the Applicant or any third party.

Under no circumstances will Omninela Medical be liable for any damage arising from any misuse or abuse of the goods supplied.

21.13) Change of Information

 The Applicant undertakes to notify Omninela Medical, in writing, within 7 (SEVEN) days of any change information of THE Applicant’s business, or should THE Applicant be a company, of its share transactions whereby the majority shareholding is affected, failing which notice the entire balance owing, whether due or not, will immediately be deemed to be due and payable by The Applicant. In addition to thereto, THE Applicant acknowledges that immediately upon any change of Ownership in The Applicant any outstanding amount whether due or not shall be deemed to be forthwith payable by The Applicant to Omninela Medical.

21.14) Domicilium Citandi et Executandi

The Applicant and the signatory hereto chooses Domicilium Citandi et Executandi (in other words, the address at which the Applicant and the signatory will accept all notices, legal documents and the like, whether or not the Applicant and/or the signatory is still at the address chosen) for all purposes arising out of this application at the physical address stipulated in Section A, clause 2.5 of this application.

21.15) Breach

Should the Applicant be in breach of any of the terms hereof Omninela Medical has the right to demand payment of any amount due within 7 days upon written notice as well as to cancel this contract with the Applicant.

21.16) Disclosure

The Applicant consents to Omninela Medical to obtaining and sharing information on his account with the business, with other credit grantors and credit information agents. Information shared with such credit grantors and agents is used to make credit granting decisions, to prevent fraud and manage risk.

21.17) Responsibility for losses / damages or delays

Omninela Medical will not be in any way responsible for losses, damages or delays caused by or arising from vis major (a natural disaster) causus fortuitous (an unavoidable accident) or acts of the State’s enemies, riots, lockouts, cessation of labour, transport delays, shortened hours of labour, accidents of any kind, insurrection, war, whether declared or not, the imposition of any trade boycotts or sanctions of trade restrictions by any government, authority, company or organization or person or persons, whether within the Republic of South Africa or anywhere else, or any other cause or contingency whatsoever beyond the control of Omninela Medical, whether eiusdem generis (of what was clearly the real intention between the parties) with the causes aforementioned or not.

21.18) Jurisdiction of Magistrate’s Court – Irrespective of value

The Applicant consents that at the option of Omninela Medical (who shall be entitled but not obliged hereunder); any proceedings against The Applicant may be brought by the Magistrate’s Court, notwithstanding that the value of the claimable amount exceeds the jurisdiction of the Court.

21.19) Severability of clauses

Each clause of these conditions of sale is severable, the one from the other and if any one or more clauses are found to be invalid or unenforceable, that clause/clauses shall not affect the balance of these conditions of sale, which shall remain of full force and effect.

21.20) Non-Waiver of rights

 Any condonation of any breach of any of the provisions hereof or other act or relaxation, indulgence or grace on the part of Omninela Medical shall not in any way operate as or be deemed to be a waiver by Omninela Medical of any rights under this contract or be construed as a novation thereof.

21.21) Entire agreement

This contract contains the entire agreement between the parties and any other terms thereof whether express or implied or excluded here from and any variations, cancellations or additions to this contract shall not be of any force or effect unless reduced to writing and signed by the parties or their duly authorised signatories. The agreement shall be governed by the laws of the Republic of South Africa.