BASIC TERMS AND CONDITIONS OF SALE

I/We, (hereinafter below referred to as “the customer”) agree to the below basic terms and conditions of sale by Mqwathi Solutions (Pty) Ltd (hereinafter below referred to as “Suneye”) in respect of goods to be supplied and/or services to be rendered:

CHANGE OF ADDRESS

The Customer chooses domicilium citandi et executandi (“chosen address for service of all correspondence, notices and legal process”) at the address set out by the customer upon sign up on the Suneye Website https://www.suneye.xyz/

The Customer undertakes to notify Suneye in writing within 7 (seven) days of any change of address.

CHANGE OF OWNERSHIP

The Customer undertakes to notify Suneye in writing within twenty days of any change in ownership of the customer’s business, or should the customer be a company, of its share transactions whereby the majority shareholding is affected. The Customer acknowledges that immediately upon any change of ownership in the Customer any outstanding amount, whether due or not, shall be deemed to be forthwith payable by the Customer to Suneye

STOCK AVAILABILITY & INVENTORY DISCLAIMER

We make every reasonable effort to ensure that stock availability displayed on our website is accurate and up to date. However, all stock information is provided as an indication only and does not constitute a guarantee that stock is available at a specific Branch or at the time of purchase or collection.

Our business operates in a live retail environment across multiple branches and sales channels. As a result, stock levels may change at any time due to ongoing sales, customer purchases, stock transfers, supplier updates, returns, damages, or administrative processing delays.

In accordance with the Consumer Protection Act (CPA) of South Africa:

  • Products displayed on our website are subject to availability.
  • An order placed through the website does not automatically mean that the goods are reserved or confirmed.
  • All orders remain subject to verification, acceptance, and stock confirmation by our team.

Where stock is unavailable after an order has been placed, we will contact the Customer as soon as reasonably possible to:

  • offer an alternative product where available,
  • arrange stock from another branch if possible,
  • place the item on backorder if agreed, or
  • provide a refund for any unavailable item paid for.

While we take all reasonable steps to maintain accurate stock information, we cannot guarantee that website stock quantities will always reflect actual stock on hand at a Branch at a given moment.

We will not be held liable for any loss, inconvenience, travel costs, or damages arising from stock discrepancies, delays, or unavailable items, except where required by applicable South African consumer law.

Customers are encouraged to wait for official order confirmation before travelling to a Branch for collection.

PRICING INCREMENTS

Prices quoted by Suneye are determined from time to time and are subject to increases at the discretion of Suneye. Suneye shall be entitled to increase the cost of goods delivered or services rendered to the Customer with prior written notice.

Suneye quotations are valid for the period indicated thereon and upon expiry of the validity period, unless the assumptions and input costs that were used to calculate the price reflected on the quote, change and result in an increased cost to Suneye in delivering services, Suneye shall have the right to renegotiate the price of the goods or services; the changed assumptions are to be material changes that have a material effect on the price. The new pricing will be concluded by written mutual agreement between the parties.

The price may include a delivery fee for delivery of the goods to the Customer.

Should a legitimate error be made by Suneye employee, agent, servant in relation to any price quoted to the customer, the customer shall be notified of any price change.

VALID ORDERS

In the event of any order being given to Suneye on an order form reflecting the Customer’s name as the entity from which the order emanates, such order shall be deemed to have emanated from the Customer, notwithstanding the fact that such order may have been given or signed by a person not authorised by the Customer, and such order will be deemed to constitute valid delivery. It is further the sole responsibility of the Customer to determine that goods ordered are suitable for the purposes of the intended use.

Orders placed by the Customer for Suneye goods or services, shall be made in writing, alternatively they may be placed telephonically or via the Suneye Online Website, to the nominated domicilium and/or email address of Suneye

In the event that Suneye does not have stock of goods which have been purchased, Suneye shall procure the same or similar goods from an alternative source at the same price subject to the Customer’s consent; Suneye shall not be liable for shortage of stock in circumstances that are beyond the control of Suneye

CLEARANCE STOCK

The Terms And Conditions outlined below apply to products marked and categorised as Clearance on the Suneye website.

  • Clearance items will carry a 1-month repair return warranty only.
  • Clearance items cannot be returned for sales credit.
  • Any items found faulty new / out of box failure can only be returned within 7 days of purchase for credit or repair.
  • No items can be credited after the 1-month repair warranty.
  • No items can be returned to Branches stock if credited within the 1-month repair warranty period.
  • No discount can be provided to Clearance Items, the listed sales pricing is final.
  • Standard shipping costs will apply to all Clearance Items, locally or remotely.
  • The Customer acknowledges that Clearance products may be considered, shop soiled, or end of range. All goods are sold as is.
  • Suneye will not be liable to the customer in application or incorrect installation of the products supplied or utilised. Product installation are as per manufacturers installation manual
  • Standard shipping costs will apply to all Clearance Items, locally or remotely.
  • The Customer acknowledges that Clearance products may be considered shop soiled, or end of range. All goods are sold as is.

Suneye will not be liable to the customer in application or incorrect installation of the products supplied or utilised. Product installation are as per manufacturers installation manual.

DELIVERY

The Customer agrees that the signature of any agent, contractor, sub-contractor or employee of the Customer on Suneye official delivery note/invoice/waybill, or the delivery note of any authorised independent carrier will constitute valid delivery of the goods purchased.

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

Whilst Suneye 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 Customer shall not be entitled to refuse acceptance of such late deliveries.

The risk in and to the goods shall pass from Suneye to the Customer at the time of delivery notwithstanding that ownership will not pass to the Customer until full payment of the purchase price. Delivery shall be deemed to have taken place against signature of Suneye or its courier partners delivery note.

In the event thatSuneye makes delivery of the goods to the Customer in instalments, each instalment shall be deemed to be the subject of a separate contract and non-delivery or delay in delivery of any such instalment shall not affect the balance of the contract or entitle the Customer to cancel the contract.

When goods are delivered in accordance with the paragraph above, payments relating to separate deliveries shall be paid as agreed between Suneye and the Customer, and payment by the Customer shall not be postponed until such times as all the goods ordered have been delivered.

If the Customer fails to take delivery of the goods ordered due to a direct/indirect act/omission by the Customer, its employees or agents, then the risk in the goods shall immediately pass to the Customer and the Customer shall be liable to pay Suneye the reasonable costs of storing, insuring and the handling of goods, until delivery takes place. This may be charged at up to 10% or at the discretion of Suneye based on the nature of the case at hand.

COST OF DELIVERING ITEMS

All prices of items posted on the Suneye website are exclusive of delivery costs.

Delivery costs will be stated separately when settling the order and may vary daily for each order.

Suneye will deliver *free of cost to all major centres subject to the specified minimum order values and volumetric limitations.

*Free delivery within the above parameters pertains only to the fixed registered business address of the specified account owner as captured on Suneye internal database. All other addresses inputted for delivery will be deemed a third-party address and be subject to applicable delivery charges.

Should you require changes to be made to the fixed free delivery address please contact the accounts department email Support@suneye.xyz

Delivery outside of major centres can be subject to additional transport cost to outlying** areas.

**Any area outside the major centres. A list will be made available on request.

Delivery costs are subject to a R350 Ex VAT fee should the order value be less than R50 000

Products will be delivered within the Republic of South Africa only, within the areas as determined by Suneye

The delivery address entered remains the responsibility of the customer to ensure the details, including province, suburb and street postal code is correct and valid.

Delivery costs will be subject to additional transport costs should the goods exceed a 20Kg maximum volumetric weight.

DELIVERY PERIOD

Suneye shall make an effort to supply the items ordered, provided that Suneye has such items in stock, to the delivery address within 2 – 5 working days (within the borders of The Republic of South Africa) of the order confirmation and the required receipt of payment. Prior to delivering an order, the buyer may be contacted to verify the correctness of the order. This may cause some delay in delivery. When registering, buyers must state a telephone number on which they can be reached during the day (such as their number at work or a mobile phone number), so that the delay, if any, will be as short as possible.

The delivery periods referred to above are of an indicative nature and are not guaranteed. Should the order not be delivered within 30 days or another agreed timeline, the buyer will be entitled to cancel the order at no charge.

Suneye may dispatch the delivery in parts. Any extra costs for subsequent deliveries will be borne by Suneye

CLICK & COLLECT TERMS AND CONDITIONS

These terms and conditions govern the use of the Click & Collect service provided through the Suneye website.

Availability of Click & Collect

  • Click & Collect is available only for selected products and Branch locations.
  • Availability is subject to stock confirmation.
  • Orders are confirmed only once payment has been successfully processed and stock has been allocated.

Stock Availability

  • We trade in a live inventory environment, and stock availability may change at any time.
  • While every effort is made to maintain accurate stock level, discrepancies may occasionally occur.
  • Stock levels are updated regularly but may change after an order is placed.
  • If an item is unavailable, we may offer an alternative, transfer stock, or issue a refund.

Collection Notification

  • Custo+

Collection Timeframe

  • Orders must be collected within 7 calendar days of the ready-for-collection notification unless otherwise stated.
  • Orders not collected within this period may be cancelled and refunded.

Identification Required

  • The person collecting the order must present valid identification and the order number.
  • We may request the payment card used for verification.

Third-Party Collection

  • Written authorisation may be required, together with copies of the purchaser’s and collector’s identification.

Inspection on Collection

  • Customers are encouraged to inspect products at the time of collection.
  • Once collected and signed for, responsibility for the goods passes to the Customer.

Risk and Ownership

  • Ownership transfers once full payment has been received.
  • Risk passes to the Customer when the goods are handed over.

Order Changes and Cancellations

  • Orders may only be amended or cancelled before they are marked as ready for collection.
  • Refunds are subject to our standard refund policy.

Returns and Exchanges

  • Click & Collect orders are subject to the same returns and warranty policies as standard online purchases.

Branch Operating Hours

  • Collection is available only during the selected Branch’s trading hours.
  • Trading hours may change on public holidays or due to operational requirements.

Fraud Prevention

  • We reserve the right to request additional verification before releasing an order.
  • Orders suspected of fraud may be delayed, cancelled, or refunded.

Limitation of Liability

  • We are not responsible for losses arising from delays, stock shortages, incorrect contact details, or failure to collect within the prescribed timeframe.

Customer Responsibilities

  • Provide accurate contact information.
  • Select the correct Branch.
  • Wait for the Ready for Collection notification.
  • Collect the order within the stated timeframe.
  • Check all goods received are correct as per the order confirmation.

Privacy

  • Personal information is processed in accordance with our Privacy Policy and applicable South African laws, including POPIA.

Force Majeure

  • We are not liable for delays or failure to fulfil orders due to circumstances beyond our control, including load shedding, strikes, transport disruptions, or system outages.

Changes to These Terms

  • We reserve the right to update these Terms And Conditions at any time without prior notice.

WARRANTIES AND REPAIRS

Goods are guaranteed according to eitherSuneye specific warranties or the original Manufacturer’s warranties. Where indicated, certain goods may be sold to the Customer on the basis ofSuneye not accepting any responsibility for latent defects in which case any product warranties are specifically excluded.

Should a product supplied to the Customer by Suneye be faulty or require return for credit and where a warranty is applicable, the Customer shall contact Suneye within Ten (7) days from the goods becoming defective and arrange for the goods to be returned to Suneye where applicable.

Liability under the above paragraph is restricted to the cost of replacement of faulty goods or granting of a credit to the value of such goods. Any goods returned must be accompanied by the original tax invoice as issued by Suneye

All warranties and guarantees shall become immediately null and void should any equipment be tampered with; seals be broken; or should the goods be operated outside of specifications. Damage caused by lightning strikes, power surges, power spikes, or other incidents beyond the control of Suneye are not covered in any warranties.

Should Suneye find no fault with the returned goods, this will be returned to the Customer, and a 10% handling fee will be charged.

Where goods are returned for repair the Customer shall be required to accept a cost estimate prior to any repair work being carried out. Any item returned for repair to Suneye may be sold to defray costs if such repair items are not collected within 90 days of such repair being carried out.

RESERVATION OF OWNERSHIP

Until such time as the Customer has paid the purchase price in full in respect of any purchase of goods, the ownership in and to all such goods shall remain vested inSuneye Suneye shall, in its sole discretion, without notice to the Customer, be entitled to take possession of any such goods which have not been paid for and in respect of which payment is overdue, in which event the Customer shall be entitled to a credit in respect of the goods returned being the price at which the goods are sold or the value thereof as determined by Suneye The Customer hereby waives any right it may have for a spoliation order against Suneye in the event that Suneye takes possession of any goods.

Further to the above, goods in possession of the Customer bearing Suneye name, trademarks and labels, shall be deemed to be those for which payment has not yet been made, and should any breach of these terms occur, may be repossessed by Suneye

In the event of the Customer processing the goods before payment is made in full, Suneye shall be considered a manufacturer and shall directly acquire sole title to the newly produced product. If the processing involves other materials, Suneyel shall acquire joint title to the newly produced product in the proportion to the value of the goods, as invoiced.

Before payment is made in full and upon request by Suneye, the Customer shall provide all necessary information regarding the inventory of the goods. Furthermore, upon request by Suneye the Customer shall identify on the packaging Suneye title of ownership of the goods and shall notify the Customer of assignment of its claims to Suneye

DAMAGES IN TRANSIT

Notice of claims arising out of damage in transit must be lodged by the Customer directly with the carrier, Suneye shall also be provided with a copy of the notice.

The Customer undertakes to inspect goods upon delivery for any damage or defect which may have occurred in transit and to inform the driver and Suneye immediately during the offloading process of the extent and nature of the damage in transit. In the event of a claim arising out of damage in transit, this inspection by the Customer will be referred to.

RESPONSIBILITY FOR LOSSES, DAMAGES OR DELAYS

Suneye will not be in any way responsible for losses; consequential losses; damages or delays sustained by the Customer, irrespective of whether this is caused by or arising from any error; discrepancy; defect on specifications; measurements or other instructions; natural disasters, unavoidable accidents of any kind, acts of the State’s enemies, riots, lockouts, cessation of labour, transport delays, shortened hours of labour, insurrection, war, the imposition of any trade boycotts or sanctions of trade restrictions by any government, authority, company or organisation 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 Suneye

Suneye provides no guarantees or warranties (whether express or implied) as to the suitability of any goods for any purpose for which they are required.

PAYMENT

Suneye Online Website accepts payments via credit card (Visa or Mastercard) and direct transfer .

Placing an item in a shopping basket, or adding it to a wish list without completing the purchase cycle, does not constitute an agreement of sale between Suneye and the purchaser. Users cannot hold Suneye liable if such items are not available when the purchase cycle is completed later; and/or constitute an order for such an item; and Suneye may remove such an item from the shopping basket if no stock is available. An agreement of sale between Suneye and a user only comes into effect if and when a credit card or direct transfer authorisation is received from the issuing bank. Suneye reserves the right to refuse to accept and/or execute an order without giving any reasons. Suneye also reserves the right to cancel orders in whole or in part as circumstances dictate. Suneye shall only be liable to refund monies already paid by the user.

DEFAULT AND BREACH

If the Customer fails to perform any of its obligations when due, Suneye may decline to accept further orders or make further deliveries to the Customer or may revoke and/or withdraw and/or suspend and/or cancel and/or close the Customer’s Online account/ credit facility/ Suneye account at any time and any future purchases shall be on Terms And Conditions as determined by Suneye in its absolute and sole discretion.

Should the Customer default in making payment of any overdue amounts owing, Suneye shall be entitled, but not compelled, to forthwith demand that the whole amount outstanding on the account be paid, notwithstanding that a portion of the amount would not be owing in accordance with the agreed terms of payment.

In the event of Suneye having to institute any legal proceedings against the Customer for breach, repudiation, specific performance or for any other reason whatsoever in terms hereof, the Customer undertakes and agrees to pay the company’s legal costs on scale as between Attorney and own Client, including collection commission, tracing charges and any other charges incurred by Suneye in enforcing its rights in terms hereof.

Any dispute arising in terms of this agreement may be referred to arbitration in accordance with the rules of the Arbitration Foundation of South Africa or to the Consumer Commission which may have jurisdiction in terms of this agreement, or directly to a court having the requisite jurisdiction.

GENERAL

It is agreed that these standard Terms And Conditions of sale shall be governed by the laws of the Republic of South Africa. Terms And Conditions of sale shall be of any force or effect unless contained in writing and signed by or on behalf of both parties. In particular, the Customer agrees that any term or condition which may on any order, written or verbal and which is at variance with the terms of this agreement, shall be of no force or effect unless incorporated in a document signed by a director of Suneye and the Customer and which has been prepared specifically for the purpose of varying the terms of these conditions.

The Customer hereby consents in terms of Section 45 of the Magistrates court Act No 1944, as amended, to the jurisdiction of the Magistrates Court in respect of any action instituted against the customer by the company. It shall nevertheless be entirely within the discretion of Suneye as to whether to proceed against the customer in such court or any other court of competent jurisdiction.

Any relaxation or indulgence which Suneye may show or allow to the Customer shall operate only in respect of the issue in which it was given and shall in no way constitute a novation or waiver or estoppel against or by Suneye or in any way prejudiceSuneye in respect of its rights against the Customer.

No terms, warranties or representations other than:

• Those expressly contained in this document; or

• Reduced to writing and signed on behalf of both Suneye and the Customer; or

• Incorporated in Suneye standard terms and conditions of sale from time to time

Will be of any force or effect as between the parties. The Customer acknowledges that it has not relied on any warranties or representations made bySuneyein influencing its decision to contract with Suneye

Suneye REPAIRS TERMS AND CONDITIONS

1. No warranty repairs will be considered without an Invoice. An upfront repair rejection fee of R100 will be charged for out of warranty repairs or units not purchased from Regal (not refundable).

2. A R200 fee will be charged where reports beyond that of the job card are requested.

3. Damage caused by physical abuse, incorrect installation, power fluctuations, tampering or acts of God will not be covered under warranty.

4. Suneye Group reserves the right to refuse a warranty claim if the damage is caused by any factors beyond the specifications of the product.

5. Suneye Group reserves the right to charge a handling fee as per supplier, on products with no fault found.

6. All manufacturers standard warranty conditions will apply and repairs are warranted against faulty workmanship and spares used for a maximum period of 3 months.

7. Suneye Group cannot guarantee a turnaround time on any repair based on suppliers and seasonal demands.

8. Products not collected within 3 months after completion (SMS or e-mail sent) will be sold to defray expenses.

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