Last Updated: [December.12.2023]

BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (I) AT LEAST 18 YEARS OF AGE OR (II) LEGAL AGE TO FORM A BINDING CONTRACT WITH ECOFLOW, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

These terms of sale (these “Terms”) apply to the purchase and sale of products and services through za.ecoflow.com (the “Site”). These Terms are binding and enforceable against every person that accesses or uses the Site (“you”, “your” or “user”). By using the Site and by clicking on the “Register Now” button on the Site, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms. These Terms are subject to change by EcoFlow South Africa (Pty) Ltd. and/or its affiliates (referred to as “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms before purchasing any product or services that are available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.

These Terms apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”). If there is any provision in these Terms that you do not understand, it is your responsibility to ask Ecoflow to explain it to you before you accept the Terms or continue using the Site. Nothing in these Terms 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 Ecoflow in terms of the CPA.These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for products or services through this Site (see Section 9).

Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between EcoFlow and you will not take place unless and until you have received your order confirmation email. Please refer to EcoFlow Return & Refund Policy for cancellation policy.

Prices and Payment Terms.

All prices posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.

Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept payment methods indicated in the Payment Policy. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

Shipping and delivery. Please check EcoFlow Shipping Policy for more details. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

Returns and Refunds. Please refer to EcoFlow Return & Refund Policy for more details.

Limited Warranty. We provide a limited warranty for purchases on us.ecoflow.com, please refer to EcoFlow Warranty Policy for more details.

Goods Not for Resale or Export. You agree to comply with all applicable laws and regulations of South Africa, the United States and other various countries including all Export Regulations, as defined below. You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export. Products and services purchased from the Site may be controlled for export purposes by export regulations, including but not limited to, Customs and Excise Act 91 of 1964, National Conventional Arms Control Act, 2002 of South Africa, Regulation (EC) No 428/2009，the Export Control Reform Act of 2018 (ECRA) (Title XVII, Subtitle B of Pub. L. No. 115-232), the Export Administration Regulations (15 C.F.R. 768-799) for which ECRA is permanent statutory authority, the International Traffic in Arms Regulations (22 C.F.R. 120-128 and 130) and their successor and supplemental regulations (collectively, “Export Regulations”).

Intellectual Property Use and Ownership. You acknowledge and agree that:

All uses on this Site of the terms “sell,” “sale,” “resell,” “resale,” “purchase,” “price” and the like mean the purchase or sale of a license. Each product and service marketed on this Site is made available solely for license, not sale, to you.

You will comply with all terms and conditions of the section for any product or service you obtain through this Site, including, but not limited to, all confidentiality obligations and restrictions on resale, use, reverse engineering, copying, making, modifying, improving, sublicensing and transfer of those licensed products and services.

You will not cause, induce or permit others’ noncompliance with the terms and conditions of any of these products in terms of intellectual property use and ownership.

EcoFlow and its licensor(s) is/are and will remain the sole and exclusive owners of all intellectual property rights in and to each product and service made available on this Site and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, and trademarks and other intellectual property rights. You do not and will not have or acquire any ownership of these intellectual property rights in or to the products or services made available through this Site, or of any intellectual property rights relating to those products or services.

Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy, governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.

Force Majeure. Neither party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any of your obligations to make payments to us hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) reasonable control, including, without limitation, the following force majeure events (“Force Majeure Event(s)”): (a) acts of God; (b) flood, fire, earthquake, other potential disaster(s) or catastrophe(s), such as epidemics, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; (h) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; and (i) other similar events beyond the reasonable control of the Impacted Party. The Impacted Party shall give notice within 10 days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party’s failure or delay remains uncured for a period of 30 consecutive days following written notice given by it under this Section 10, the either party may thereafter terminate this Agreement upon 5 days’ written notice.

Disclaimer

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

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

Ecoflow 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 Site and/or any content therein unless otherwise provided by law.

Although goods sold from the Site may, under certain specifically defined circumstances, be under warranty, the Site itself and all information provided on the Site 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.

Any views or statements made or expressed on the Site are not necessarily the views of Ecoflow, its directors, employees and/or agents.

In addition to the disclaimers contained elsewhere in these Terms, Ecoflow also makes no warranty or representation, whether express or implied, that the information or files available on the Site 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 Ecoflow, its employees, agents or authorised representatives. Ecoflow 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 Site.

Limitation of liability

Ecoflow cannot be held liable for any inaccurate information published on the Site and/or any incorrect prices displayed on the Site, save where such liability arises from the gross negligence or wilful misconduct of Ecoflow, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of contacting [    ].

ECOFLOW 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 SITE OR THE CONTENT CONTAINED IN THE SITE; OR YOUR INABILITY TO USE THE SITE, AND/OR UNLAWFUL ACTIVITY ON THE SITE AND/OR ANY LINKED THIRD PARTY SITE.

YOU HEREBY INDEMNIFY ECOFLOW 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 SITE AND/OR ANY LINKED THIRD PARTY SITE.

Availability and termination.

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

If you fail to comply with your obligations under these Terms, 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 Site without any prejudice to any claims for damages or otherwise that we may have against you.

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

At any time, you can choose to stop using the Site, with or without notice to Ecoflow.

Governing Law and Jurisdiction.

In the event of any dispute arising from or relating to the Terms of Sales, including but not limited to the interpretation, performance, or termination of this agreement, the laws of the South Africa shall govern the resolution of such disputes, excluding its conflicts of law principles.

Any legal action, suit, or proceeding arising out of or relating to the Terms of Sales shall be brought exclusively in the courts of Sandton, South Africa, and the parties hereby consent to the exclusive jurisdiction of those courts for the purpose of resolving such disputes.

You agree to an adjudication on an individual basis. In any dispute, NEITHER YOU NOR ECOFLOW WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER.

If any provision of this governing law agreement and jurisdiction is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 13 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of EcoFlow.

No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

Notices.

To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

To Us.

Email: support.za@ecoflow.com

Complaints.

If you have a complaint about the goods or services provided by us or require information regarding our internal complaints-handling process, please get in touch with us as follows [   ].

If we are unable to resolve your complaint to your satisfaction or we cannot resolve your complaint within 15 (fifteen) business days of you having notified us of it, you can approach the Consumer Goods and Services Ombud (“CGSO”) to assist in resolving the complaint. The CGSO’s contact details are:  Website: http://www.cgso.org.za/ Sharecall: 0860 000 272 Email: complaints@cgso.org.za

Information.

For the purposes of the Electronic Communications and Transactions Act [No. 25 of 2002] (“ECT Act”), Ecoflow’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Site:

Full name: Ecoflow South Africa (Pty) Ltd, a private company registered in South Africa with registration number: 2022/553296/07

Main business: Online retailer

Physical address for receipt of legal service (also postal and street address): 108 ELIZABETH AVENUE, POD OFF GRAYSTON PARKMORE, SANDTON, GAUTENG, 2196

Office bearers: JUANJUAN WU

Email address: support.za@ecoflow.com

PAIA: The manual published in terms of section 51 of the Promotion of Access to Information Act 2000 may be downloaded from PAIA.

General

Indulgence. 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.Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

Entire Agreement. Our order confirmation, these Terms, other agreements relating to any product or service you obtain on or through this Site, our Website Terms of Use and our Privacy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.