Reseller Terms & Conditions

If you register on this website to become an eyeOTA Traders Reseller, you automatically agree to be bound by the terms and conditions as set out hereunder:


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Basic rules for purchases made on this website:

  • Reseller Discounted Price - Our products are discounted across the board (unless otherwise specified) and based on a minimum wholesale purchase quantity and spend (see point below).

  • Minimum Purchase Quantity - Minimum purchase quantity of 10 items per product purchased. NO EXCEPTIONS. The Reseller doesn't need to purchase 10 of EACH ITEM advertised on this website, only 10 of the specific item/s he/she chooses to purchase ie. 10 x African Mango etc.

  • Minimum Spend per Order - Minimum spend of R2000.00 per order (excluding shipping costs). NO EXCEPTIONS.


The rules in more detail:

IMPORTANT: Broad Outline - The Reseller Contract is between eyeOTA Traders cc, a South African Closed Corporation, located at 75 Bram Fischer Drive, Robindale, South Africa, 2123, (“Company” or “eyeOTA” or “we” or “our”), and the independent Reseller, (“Reseller” or “you” or “purchaser”), and subject to the terms and conditions herein, and grants the Reseller the right to market and sell certain eyeOTA Traders products.

Independent Reseller - The Reseller must acknowledge and agree that as a registered Reseller, he/she act independently and without affiliation to the Company; He/she is not an employee, agent, or legal representative of the Company, and except as permitted by the Contract, is not authorized to act on behalf of the Company. The Reseller must understand that all brands advertised on this website are trademarked and therefore he/she may not make any reference to them, whatsoever, and that if he/she does, he/she could face legal charges. Nothing in the Reseller Contract is intended or will be deemed to constitute a partnership, agency, employer-employee, or a joint venture relationship between the Company and him/herself.

Contract Period - The Reseller Contract is valid and will continue until such time as the Reseller Account is cancelled, either by the Reseller or by the Company. The Company reserves the right to cancel any Reseller Contract, without notice, should there be valid reason to do so.

Product Pricing - The Company reserves the right to change reseller product prices and correct any pricing errors without prior notice. The reseller price payable will be the price in effect at the time of the sale of the products to the Reseller.

Stock Availability - Although we do carry a large amount of stock, we do run out on occasion. Should this occur, please allow a maximum of 4 working days for your order to be processed. If there is insufficient stock to fulfil a Reseller's order, they will be contacted and informed and alternative arrangements can be made should they so request.

Payment - EFT (Electronic Transfer) or Cash only. NO EXCEPTIONS. No payments by credit card or direct cash deposit will be allowed. If payment is received via credit card or cash deposit, all bank charges for such will be invoiced to the Reseller for payment. No order will be processed without receipt of proof of payment. NO EXCEPTIONS. This can be emailed to orders@eyeota.co.za, or faxed to 086 653 8497.

Marketing and Resale of Products - Resellers have the right to purchase products at the reseller’s discount and promote the retail sale of our products at their own price. Resellers are also not required to stock all our products. Resellers are responsible for their own marketing.

Product Claims / Disclaimer - Please check for details on allergic reactions or similar problems that could occur when using a product of this nature. Pregnant or nursing mothers, children under 18, and/or individuals with a known medical condition should consult a physician before using any of the dietary supplements available for purchase on this site. All the dietary supplements available for purchase on this site should be used in conjunction with a sensible calorie restricted diet and exercise program. All the dietary supplements available for purchase on this site are not intended to diagnose, treat, cure, or prevent any disease. All recommendations / product claims are made based on one or some or all of the following; customer testimonials, supplier information and / or user posts and feedback documented in our support forums. Where testimonials, supplier information, user posts or general feedback is used this will be made clear in or attached to the actual claim. We make no claims in relation to the products and/or services referred to on this site that are not based on the above information. The FDA has not evaluated these statements. Due to diets, lifestyles and health reasons, the results from using any of our products and/or services may differ from person to person. Although eyeOTA Traders recommends that all the dietary supplements available for purchase on this site should be used in conjunction with a sensible calorie restricted diet and exercise program, the onus is on the purchaser to ensure that he / she follows this advice. For this reason, eyeOTA Traders is unable to issue any guarantees. The use of any products and/or items bought from this Website is at the purchaser’s risk. The purchaser/user indemnifies and holds LeanGenie harmless against any loss, injury or damages which may be sustained as a result of using the products and/or items sold on the Website. Any complaints regarding the standard and quality of the product or products bought by consumers through this e-commerce facility should be directed to the Marketing Manager, PO Box 3110, Pinegowrie, 2123, Gauteng.

Returns and Refunds - If the Reseller is not 100% satisfied with your purchase, they are to please contact us as soon as possible and we will do everything to ensure a positive resolution. If we cannot resolve the situation, the Reseller can return the goods to us, within 7 days of purchase, along with written communication detailing the reason for the return. We will take the motivation into consideration, and pending the outcome of an investigation, the Reseller may receive a full refund of the original purchase price. The refund does not include delivery cost and could take up to 7 working days. In the unlikely event that your LeanGenie product/s is/are damaged in transit, please note that a photograph will be required as evidence for the replacement of any damaged goods. If we find that any part of the LeanGenie product has been purposely broken and/or tampered with, or partly used, then no refund will be issued for obvious reasons.

Delivery Waiver - eyeOTA Traders does not accept liability in any way whatsoever, for any package that has been tampered with, damaged, lost, stolen and / or confiscated for any reason whatsoever, once it has been dispatched from our premises. All risks associated with delivery, postage and freighting are entirely the responsibility of the purchaser.

Delivery policy - National Deliveries (SOUTH AFRICA ONLY)

Overnight Postage

FEE - R90 per kg.

DELIVERY TIME - Overnight, counter-to-counter. Packages will need to be collected from the post office after 2pm the following day.
CUT-OFF TIMES - Posted orders are dispatched at 2pm daily (except weekends and public holidays), provided proof of payment has been received by 12pm that same day. If proof of payment is received after 12pm, your order will only be dispatched at 2pm the following afternoon (except weekends and public holidays).
PARCEL TRACKING - You will receive a tracking number for your package once it has been dispatched from our premises. To make sure it has arrived before you collect it, you can:

  • Call Speed Services on +27 860 023 133,
  • SMS your tracking number to Speed Service on 35277, or
  • Track & trace online at http://www.speedservices.co.za

We will endeavour to have your order delivered on the specified delivery date, however due to delays and circumstances outside of our control we cannot guarantee delivery dates.

Door-to-door Delivery via Courier

FEE - R60 per kg.

DELIVERY TIME - Up to 5 working days, depending on destination. No deliveries are made on public holidays and / or weekends.
CUT-OFF TIMES - Delivered orders are dispatched at 4pm daily (except weekends and public holidays), provided proof of payment has been received by 3pm that same day. If proof of payment is received after 3pm, your order will only be dispatched at 4pm the following afternoon (except weekends and public holidays).
PARCEL TRACKING - You will receive a tracking number for your package once it has been dispatched from our premises. To track the status of your delivery, you can:

We will endeavour to have your order delivered on the specified delivery date, however due to delays and circumstances outside of our control we cannot guarantee delivery dates.

*Important note: Some areas may not be serviced by our courier service. In these cases, parcels will be sent by Overnight Post and a surcharge of R30 will apply.

Delivery Policy - International Deliveries (OUTISIDE SOUTH AFRICA ONLY)

Freighting

Orders are packaged and exported to international destinations via our freighting company (packaging and freighting costs apply and are calculated on each individual order) or you are welcome to send your freighting company to collect from us (packaging costs will apply and are calculated on each individual order). Freighting and packaging costs apply and are calculated on each individual order depending on weight and destination.

Standard procedure:

  • Orders are shipped the very next business day, provided your payment is reflecting in our bank account.
  • Allow 5 – 7 business days from ship date for International delivery (All other countries).
  • An email is sent when order is processed and shipped with a track and trace (parcel) number.
  • If your order is returned because of an incorrect shipping address that was provided, you will be charged for shipping and a refund for the product ordered will be issued. If your order is shipped to an incorrect address that you entered a refund will be issued once the product is returned.

Postage

Postage and packaging costs apply and are calculated on each individual order depending on weight and destination. Please note that packages will need to be collected from the post office.

Standard procedure:

  • Orders are posted the very next business day, provided your payment is reflecting in our bank account.
  • Allow 5 – 7 business days from ship date for International postage (All other countries).
  • An email is sent when order is dispatched with a track and trace (parcel) number.
  • If your order is returned because of an incorrect shipping address that was provided, you will be charged for shipping and a refund for the product ordered will be issued. If your order is shipped to an incorrect address that you entered a refund will be issued once the product is returned.

Cancellation Policy - Orders cannot be cancelled on the day of delivery or if they have been dispatched from our premises - these orders will be charged in full. Orders not paid in full and / or collected within 5 working days will automatically be cancelled. eyeOTA Traders reserves the right to cancel an order for which payment has already been received. This may occur if stock is insufficient to fulfill the order. Should we exercise this right, then we will contact the Reseller to make alternative arrangements. If no alternative arrangements can be made, then the Reseller will either:

  • receive a full refund within 24 hours with no administration fee deductions, or
  • in the event of insufficient stock, receive a replacement product of their choice to the same value, or
  • in the event of insufficient stock, receive a credit to the value of the specific stock item and the balance of their order will be dispatched, or
  • in the event of insufficient stock, we can hold back thier entire order until such time as our stock is replenished.

Representations and Warranties - The Reseller represents and warrants that he/she is authorized to enter into this Contract and that they have met all legal requirements to enter a valid contract in this market and that this Contract constitutes a legal, valid and binding obligation. The Reseller also represents and warrants that:

  • Information provided by them in on our Reseller Registration Form is accurate and complete and that the providing of false or misleading information authorizes the Company, at its election, to declare the Contract void from its inception;
  • The identification number provided on the Reseller Registration Form is their correct identification number for their country of residence;
  • The Reseller, if an individual, is a citizen or a lawful permanent resident of their country of residence or, if a business entity, such as a corporation, partnership, limited liability company, or any other form of business organization, formed in the country of their residence, it is legally formed under the laws of the country in which it was organized and that each member of the business entity has proper legal authorization to conduct business in that said country.

Indemnity - The Reseller indemnifies and holds eyeOTA Traders and each of their shareholders, officers, directors and employees harmless from and against any claim, demand, liability, loss, action, causes of action, costs, or expenses, including, but not limited to, reasonable attourney’s fees, resulting or arising from, directly or indirectly, any acts or omissions by them in conducting their independent business for the resale of LeanGenie products, including without limitation, breach of representations and warranties, material breach of the Contract, other agreements between the parties, or any other claims or causes of action.

Limitation of Liability - The Reseller agrees that eyeOTA Traders will not be liable for any special, indirect, direct, incidental, punitive, or consequential damages, including loss of profits, arising from or related to the breach of the Contract, other agreements between the parties, or any reason whatsoever. The Reseller agrees that the entire liability of eyeOTA Traders and / or LeanGenie, for any claim whatsoever related to their relationship with eyeOTA Traders and / or LeanGenie, including but not limited to any cause of action arising in contract, tort, or equity, will be limited to the cost of products that they have purchased from eyeOTA Traders under the Reseller Contract.

Arbitration Agreement - South Africa shall be the exclusive venue for mediation, arbitration or any other resolution of any disputes arising under or related to the Reseller Contract. The place of origin of this Contract is the country of South Africa, and it will be governed by, construed in accordance with, and interpreted pursuant to the laws of South Africa, without giving effect to its rules regarding choice of laws. The exclusive venue for any and all disputes and actions arising under or related to this Contract, or any and all disputes between Resellers arising out of or related to a distributorship or this Contract, to enforce this Contract, or any other claim (whether based in contract, tort, statute, law or equity), including the validity of the arbitration provision, place of venue, and jurisdiction, shall be in South Africa. The Parties consent to the personal jurisdiction of said courts within the country of South Africa and waive any objection to improper venue. The Reseller agrees that any past, present or future claim, dispute, cause of action or complaint, arising under or related to this Contract, or any and all disputes between Resellers arising out of or related to a distributorship or this Contract, to enforce this Contract, or any other claim (whether based in contract, tort, statute, law or equity), including those which the Reseller may have or allege to have against the Company or any of its affiliated companies, or their owners, directors, officers or employees, or any other Reseller, which arise as a result of or in connection with their marketing and sale of LeanGenie products, will be resolved and settled in accordance with and pursuant to the terms and conditions of this Contract. The arbitration will be conducted in the English language, but at the request and expense of a party, documents and testimony will be translated into another language. One arbitrator will be appointed to hear and decide disputes, which arbitrator will be selected by mutual consent of both parties. The parties will each bear their own costs and expenses and an equal share of the cost of the arbitrator and administrative fees of arbitration. Neither the parties nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties. Judgment on any award rendered by the arbitrator may be entered in any court having jurisdiction. The Reseller agrees that by accessing any Company website, or a website of an affiliated company, and using the information therein, or by purchasing any products or services made available through said websites, or purchasing any products from the Company or its affiliated companies, they agree to be bound by this Arbitration Agreement.

Good Faith - On implementation of the Reseller account, both parties (the Company and the Reseller) undertake to observe the utmost good faith, and they warrant that in their dealings with one other that they will refrain from doing anything that might prejudice or detract from either parties’ rights, assets or interests.

 

eyeOTA Traders may amend these terms and conditions from time to time and any amendment will become effective immediately at which point your continued use of this site will constitute acceptance of the amendments. 

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