Welcome to the NXT LEVEL TECH internet website (“this Site”). This Site is owned and managed by NXT LEVEL TECH, duly registered in terms of South African Law and doing business in South Africa. It is compulsory to register by completing the registration section in order to use this Site.
During the registration process you will be required to choose a user identity and password. Please ensure that these are kept private and confidential for security reasons. NXT LEVEL TECH will not be liable for any loss or damage arising from your failure to keep your password private and confidential or for any unauthorised use in any manner.
(a) Access, registration and acceptance and/or use of the NXT LEVEL TECH website constitute unconditional and irrevocable acceptance of these terms and conditions in its entirety as a legal binding agreement with NXT LEVEL TECH.
(b) Please do not register if you do not agree to be bound by these terms and conditions. Without limitation, when selecting the “I ACCEPT” option, you agree to be bound by these terms and conditions including the Suretyship (if applicable), all other Annexures listed above.
(c) If you are uncertain, or you do not understand or agree with any of the terms and conditions or any part of this Agreement then you should NOT click on the “I ACCEPT” button until you have satisfied yourself that you understand the legal implications of these terms and conditions.
(d) In future these terms and conditions may be edited by NXT LEVEL TECH. All corrections and changes will be effective immediately on a going forward basis and will not apply to any concluded deals prior to such changes. A notice to alert users about any changes will be posted on this Site.
(e) Registration will be confirmed in our welcome letter, which will be emailed to you.
MEMORANDUM OF AGREEMENT OF SALE entered into by and between:
• [A] SELLER: Bright Idea Projects 2765 T/A NXT LEVEL TECH, Registration number CK20101/40267/23 , with registered address Unit A1A Hi Park, 13 Saxenburg Road, Blackheath, Cape Town South Africa (“the Seller”); and
• [B] INDIVIDUALS: Full names: ______________________________, RSA identity number or Date of Birth and valid passport number and country of issue: ________________________________________________ ("the Buyer"), VAT Registration number _____________________ (if applicable); contact number _________________________, email address ______________________________, permanent residential address: ___________________ ____________________________. [Certified legible copies of (a) RSA identity documents or smart cards or valid passports plus proof of residency in respect of foreigners (b) proof of domicilium (less than 3 months old); (c) proof of RSA bank account, (d) proof of VAT registration number (if applicable), to be provided to the Seller upon request];
• [C] ENTITIES: _________________________________________________________ (legal entity/juristic person), Registration number ______________________, trading as _______________________________ ("the Buyer"), duly represented herein by _________________________, RSA Identity number or Date of Birth and valid passport number and country of issue: ___________________________________________, in his/her capacity as __________________________________ (“Representative”), VAT Registration number _____________________ (if applicable); contact number ____________________________, email address __________________________________________, permanent residential address of the Representative: ______________________, registered physical address of entity/juristic person: ______________________ [Certified legible copies of (a) RSA identity documents or smart cards or valid passports plus proof of residency in respect of foreigners (b) proof of domicilium (less than 3 months old) of the Representative; (c) proof of domicilium (less than 3 months old) of the entity or juristic person; (d) proof of RSA bank account, to be provided to the Seller upon request]; (e) registration and/or founding documents of the entity or juristic person, and (e) proof of VAT registration number (if applicable), to be provided to the Seller upon request]
WHEREAS the Seller is entitled to sell the goods as advertised on this Site; AND WHEREAS the Buyer wishes to purchase certain goods from the Seller as advertised on this Site and on the further terms and conditions set out in this Agreement;
NOW THEREFORE THE PARTIES AGREE AS FOLLOWS:
These sales Terms and Conditions (“this Agreement”) are governed by the Laws of the Republic of South Africa and, together with all Annexures form this Agreement (“Agreement”) being a binding legal agreement between you as the Buyer and NXT TECH LEVEL, so please read them carefully.
PART 1: DEFINITIONS
“Annexures” means all annexures referred to in this document, namely the Privacy Statement, Suretyship (if applicable), ___________________________________________________________ ;
“Business Days” means normal working days from Monday to Friday in the Republic of South Africa;
"Buyer" means an individual who has attained majority as prescribed by law, any entity or juristic person who are willing and able to purchase any goods offered for sale on this Site;
“CPA” means the Consumer Protection Act, 2008 (Act 68 of 2008) and all amendments thereto;
"Duties and Levies" means any duties and levies charged by any national, provincial of local government;
“FICA Documents” mean documents to requested by the Seller in its sole discretion regarding the identification and addresses and details of the Buyer as required in terms of the Financial Intelligence Centre Act (“FICA”) and as usually required by accountable institutions such as commercial banks which may inter alia include proof of the Buyer’s bank account verified and stamped by the bank when claiming refunds or when cash payments exceeding R100 000,00 financial year is made to the Seller;
"Intellectual Property Rights" means any intellectual and/or industrial property rights whether protected under statute or common law, inter alia but not limited to: copyright and/or all rights in relation to inventions (registered patents, etc.), trademarks (registered or unregistered), and other rights resulting from intellectual activity in any field anywhere in the world;
“Interest” means interest at prime rate charged by First National Bank (South Africa) plus three percent (3%) per month, compounded monthly in arrears and calculated from the date on which any amount became due and payable in terms of this Agreement until date the final payment has been cleared by the bank; a certificate by any official of any branch of the aforesaid bank confirming its prime rate will be accepted by the parties;
"Legal Costs" means any costs and/or charges and/or unforeseen disbursements incurred by the Seller (without limitation) as a result of dishonoured payments, excessive administrative costs, tracing fees, collection commission, fees and disbursements of collection agency and/or all other legal representatives, including but not limited to attorney and client costs, costs of serving legal documents;
"Purchase Price" means the purchase price of goods excluding all other charges which will vary as a result of varied delivery requirements by Buyers, as set out in clause 2 below;
“Representative” means the representative of any third party, legal entity or other juristic person its successors-in-title or assigns, duly authorised as required by law, prior to entering into this Agreement; and your executors, heirs and successors-in-title;
"Sale Price" means the selling price listed on this Site for a specific period in respect of specific goods or in respect of a specific quantity and offered for sale by the Seller at a discounted rate on this Site;
“SARS” means the South African Revenue Services or its successors-in-title;
"Seller" means Bright Idea Projects 2765 cc T/A NXT Level Tech, Registration number 2010/140267/23, a registered close corporation doing business and existing under the laws of the Republic of South Africa, and owner of this Site:
"Site" means this website or any Internet website by which the Seller offers goods for sale from time to time;
"Special" means goods listed for a specific period or in respect of specific goods or a specific quantity and offered for sale by the Seller at a discounted rate on this Site;
"user" or "users" for the purposes of this Agreement, means any individual or Representative of any entity or juristic person as Buyer, who is using this Site for any other purpose;
"VAT" means Value-added Tax, and/or other consumption tax charged by SARS;
"we", "us", "our", "ourselves" and "NXT Level Tech CC" are used interchangeably in this Agreement and all shall mean the Seller;
"you" or "your" means you, whether as a Buyer, and/or as a Representative of a third party, a legal entity or any other juristic person, and your successors-in-title or assigns;
"your information" includes all personal and other information provide by you in order to use this Site, including, without limitation, as applicable:
(a) full names (individuals) or Representative;
(b) registration details, including duly registered name, number and place of registration;
(c) domicilium of individuals or any Representative;
(d) registered physical address of any legal entity or other juristic person);
(e) delivery address;
(f) contact details (individuals/Representative);
(g) your valid credit card details;
(h) order number;
(i) information that we gather as a result of your use of this Site, including but not limited to the goods purchased and/or surfing this Site.
1. The Sale Procedure
1.1. This Agreement shall apply to goods provided by the Seller to a customer (herein referred to as the “Buyer”) and any goods sold by the Seller to the Buyer via this Site shall be governed by this Agreement.
1.2. The goods listed on this Site will be available for purchase subject to the terms and conditions herein. All amounts are in South African rand (ZAR) in which currency all payments must be made to the Seller.
1.3. The Seller reserves the right to refuse any order placed with it. The Seller may, in its sole discretion, limit or cancel quantities purchased per person 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 delivery address. In the event that the Seller makes a change to or cancels an order, the Seller may attempt to notify the Buyer via the email and/or billing address / contact number(s) recorded as at the time your order was submitted. The Seller reserves the right to limit or prohibit orders that, in its sole judgment, appear to be placed by dealers, resellers or distributors.
1.4. Note: All items are strictly subject to availability.
2. Description of goods
2.1. Description of goods
2.2. Purchase Price/Sale Price;
2.3. Packaging costs;
2.4. Shipping / Delivery / Courier costs;
2.5. Customs & Excise Duty payable to SARS;
2.6. Duties and Levies;
2.7. VAT as at the date of the transaction;
3. Value-added Tax
3.1. The Seller warrants that it is a vendor as that term is defined in section 1 of the VAT Act and registered as such in terms of section 23 of the VAT Act, VAT Registration No. 454 026 1817
3.2. The Buyer warrants that it IS / IS NOT a vendor as that term is defined in section 1 of the VAT Act. If applicable, the Buyer warrants that it is registered as such in terms of section 23 of the VAT Act, VAT Registration No. 4______________.
4. Authenticity of Goods Sold on this Site
It is a condition that the sale and purchase of any item shall be subject to the following specific provisions:
4.1. The Seller warrants that the goods sold hereunder, unless indicated to the contrary, are new and free from substantive defects in workmanship and materials. The Seller’s liability under the foregoing warranty is limited to the replacement of goods or a refund (as described below) at the Seller’s sole discretion. No other warranty, express or implied, is made by the Seller, and none shall be imputed or presumed.
4.2. The Seller will exercise reasonable care in the description of any item for sale to ensure that all material respects and characteristics are substantially correct; and that such items, to the best of the Seller’s knowledge and belief, are authentic and not fakes, stolen or contraband. Neither the Seller’s members nor its agents or employees are responsible for any inadvertent errors in the description or the authenticity of any purchase.
4.3. The Seller will endeavour to keep the information up to date and correct, and the Seller makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance placed on such information is therefore strictly at the Buyer’s own risk.
4.4. Save as set out herein all items on this Site shall be sold on an “as is” (voetstoots) basis only and neither the Seller, any agent or employee thereof has made any representations or given any warranties or undertakings, express or implied (whether in terms of this Agreement or otherwise) to any person with respect to such item, including but not limited to, its suitability, fitness for purposes, state and condition, quality, rarity, importance, historic relevance or significance or otherwise. No statement whether oral or in writing shall be deemed to constitute a warranty or representation.
4.5. In particular the Buyer is required to note that whilst reasonable efforts are made to ensure the accuracy of description of items listed in our catalogue, no warranty, express or implied is given by the Seller as to the authenticity, attribution, genuineness, origin, age, condition or quality of the goods. Any description of the goods which may be provided by the Seller merely represents our opinion and is not to be regarded as or taken to imply a statement or confirmation of fact.
4.6. The Buyer must also note that information as displayed on this Site may occasionally contain inadvertent and obvious errors, typing errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, delivery times or availability.
4.7. The Seller reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is substantially inaccurate at any time without prior notice, even after the Buyer has placed an order, but before confirmation thereof/[issue of an invoice??? by the Seller.
4.8. If a Purchase Price or Sale Price as displayed contains an inadvertent and/or obvious error, the Seller is not bound by it after (a) correcting the error on the website; and/or (b) after taking reasonable steps in the circumstances to inform the Buyer of such error(s) to whom the erroneous Purchase Price or Sale Price may have been displayed and to advise them of the correct Purchase Price or Sale Price or other correct details.
4.9. No representations or warranties are given as to the ability of the Seller to obtain a valid export /import permit; each party shall be responsible for ensuring that all valid import and/or export or other permits as well as any Exchange Control approval are obtained.
4.10. The Seller will confirm receipt of the order, make sure that the goods are available before issuing an invoice, however, some force majeure (Act of God, terrorism, war, political uprising, revolution, riot, civil unrest, act of civil or military authority, earthquake, flood or any other occurrence unforeseen event outside of its control), which may prevent the Seller from executing and despatching the goods or which may cause the termination of an agreement. The Seller will inform the Buyer thereof as soon as possible and shall use all reasonable endeavours to comply with the terms and conditions of this Agreement.
4.11. Once the Seller has received the order and issued an invoice, these terms and conditions will become a legal binding agreement.
5. General conditions
5.1. Goods are reasonably fit for the purpose as advertised and the Seller will not be obliged to carry out any repairs or replacement except if still under manufacturer’s warranty or as may have been agreed to in writing by the parties.
5.2. Goods are free of any material defects that render the goods less acceptable than purchasers would be reasonably entitled to expect in these circumstances.
5.3. Goods are free of any characteristic that renders the goods or their components less practicable, useful, or safe than persons generally would be reasonably entitled to expect in the circumstances.
5.4. The failure by the Seller to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
5.5. In the event that the Seller is, for any reason beyond its control (with the exception of gross negligence) unable to supply the Buyer with the goods within a reasonable time, the Seller shall not be liable for any damages suffered by the Buyer as a result thereof.
5.6. Headings are for reference purposes only and do not affect any of the conditions of this Agreement.
6.1. A client may affect payment for the goods in one of the following ways:
Electronic Payments, Cash Deposits, Cash Payment (In Store), Credit Card Payments
Direct electronic payments, all major credit/debit cards (expect American Express), bankers draft, telegraphic transfers are all acceptable methods of payment.
6.2. If a card payment is made, the Buyer warrants, by submitting the order and providing the card details, that he/she has attained majority, is competent to enter into legal binding agreements, that the Buyer is solvent and that he/she is duly authorised (as far as needs be) and legally entitled to make payment with the card and that there are sufficient funds available in the relevant account to pay for the full amount as set out in clause 2 above.
6.3. Bank clearance and all other charges, where applicable, will be added to the amount payable by the Buyer, as well as packaging and postage/courier/shipping or other transport charges inside or outside South Africa.
6.4. If the Buyer deposits a cheque and such cheque is returned by the bank, the Buyer will be liable for such additional bank charges.
6.5. If the Buyer deposits cash, the Buyer will be liable for the bank’s cash deposit fee, in which event the Buyer will also be obliged to provide the documentation as listed in clause B or C above (whichever is applicable) before the goods will be despatched to the Buyer.
6.6. Our terms are payment in full within seven (7) Business Days from date of invoice.
6.7. The Seller reserves the right to seek recovery through the Small Claims Court or any other competent Court that the Seller in its sole discretion may deem fit, of any amounts remaining unpaid as a result of but not limited to dishonoured payments plus Interest as defined above; in such event the Buyer shall be liable for any additional administrative costs.
7.1. The Seller hereby warrants that —
7.1.1. registration on this Site is free of charge; and
7.1.2. that it is legally entitled to sell the goods; and
7.1.3. it will take all reasonable steps to ensure that accurate information are provided on this Site;
7.1.4. the goods offered for sale correspond with the description posted on this Site (inadvertent errors and omissions excluded); and
7.1.5. the goods are fit for the purpose or purposes for which goods of that nature are commonly bought as reasonably expected having regard to matters including, the description of the goods and their Purchase Price or Sale Price; and
7.1.6. are not defective; and
7.1.7. the goods are sold, in compliance with the laws of the Republic of South Africa and especially that of the CPA; and
7.1.8. electronic documents will be retained in its original encrypted format for five (5) years; and
7.1.9. it will make every reasonable effort to keep the information on this Site up to date and correct, and the Seller makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance placed on such information is therefore strictly at the Buyer’s own risk.
7.2. The Buyer hereby warrants and confirms that he/she/it is aware that by clicking the “I ACCEPT” button, that he/she/it understands the meaning and legal implications of all the provisions of this Agreement, the Suretyship (if applicable) and all Annexures and/or that they have been fully explained to the Buyer to his/her satisfaction and that enough time was given to consider the terms of this Agreement prior to acceptance,
and that all registration and other details provided by him/her—
7.2.1. are accurate and deceptive, ambiguous, false or fraudulent; and
7.2.2. are made in compliance with all applicable laws, government regulations and/or guidelines; and
and furthermore warrant and undertake—
7.2.3. to give his/her/its full co-operation and to provide all the information and FICA Documents required by the Seller within five (5) Business Days after being requested to do so by the Seller; and
7.2.4. that no conditions, stipulations, warranties or representations other than those recorded in this Agreement have been made to him/her/it, or agreed to, which has caused the him/her/it to enter into this Agreement; and
7.2.5. to keep information updated, including, but not limited to any name change, contact details, and all contact details, as soon as is reasonably possibly after any change takes effect, to enable the Seller to complete the transactions and contact the Buyer;
and furthermore warrant that, to the best of his/her knowledge, that—
7.2.6. his/her computer or other electronic device does not contain any detrimental viruses, gremlins, worms, tracking devices, Trojan horses or other undesirable programs, whether or not attached to or embedded in other programs used in concluding this deal; and
7.2.7. he/she/it will not use slander or use any abusive language when communicating with the Seller or any of its members, employees, agents or representatives, whether in person, telephonically, or in writing or convey deceptive or incorrect or fictitious information of any kind, or whatever nature.
7.3. In the event that the Buyer is an individual, he/she warrants and undertakes to the Seller that—
7.3.1. he/she will not purchase any goods on this Site unless he/she/it has sufficient and available funds available to the total amount as set out in clause 2 above.
7.3.2. he/she has attained majority as prescribed by law or is entering into this Agreement with the prior permission and assistance of his/her parent or legal guardian, as far as needs be, is solvent and entitled to enter into legal agreements; and
7.3.3. he/she has the legal capacity to purchase any goods, and, will not be breaching any law or bye-law in purchasing any goods; and
7.3.4. he/she will not be breaching any Intellectual Property Rights by entering into this Agreement; and
7.4. In event of the Buyer being an entity or juristic person, it warrants and undertakes to the Seller that—
7.4.1. it is lawfully entitled to enter into legal binding agreements; and
7.4.2. the Representative had been duly authorised to enter into this Agreement prior to acceptance of these Terms and Conditions; and
7.4.3. the Buyer’s computer or other electronic device does not, by virtue of its asset value or annual turnover as at the time of the transaction, exceed the threshold value determined by the Minister in terms of Section 6 of the CPA; and
7.4.4. that it is aware that the CPA does not apply to this transaction and that this transaction is exempted by section 5(2)(b) of the said Act; and
7.5. The Buyer hereby furthermore agrees and acknowledges that the Seller is not the manufacturers nor does the Seller represent the manufacturer or act as agent or sales representative of any manufacturer, of any goods offered for sale on this Site.
8.1. Ownership in all goods will vest in the Seller until such time as the full amount owing to the Seller is paid in full and cleared by the bank, whereafter the goods will be despatched to the Buyer.
8.2. Shipping costs will depend on size and weight of order, free delivery may apply on certain goods if clearly stated on this Site.
8.3. Goods to be delivered remain at the Seller’s risk until the Buyer has accepted delivery thereof, insofar as applicable, in accordance with section 19(2)(c) of the CPA.
8.4. The Seller will charge delivery at the Buyer’s cost, the Seller does not make any representations or give any warranties in relation to the conditions of insurance and the Buyer takes delivery subject to such conditions and/or exclusions or limitations contained or stipulated by the insurer in his policy.
8.5. Once the Seller has received payment and it has been cleared by the bank, the goods will be despatched pre-insured by ship, courier, counter or registered post within ten (10) Business Days, after clearance of the payment of the full balance owing to the Seller, unless otherwise as agreed in writing by the parties, and subject at all times to availability.
8.6. All risk in and to the goods shall pass to the Buyer upon conclusion of the sale.
8.7. The Buyer herewith waives any rights he/she/it may have to claim rights of ownership to the goods, arising from attachment or any other legally accepted common law or other guidelines hereby consents to the Seller removing or having the goods removed in the event of the Buyer’s non-compliance with any of the terms and conditions of this Agreement.
8.8. Sale items, items on special and second hand goods are sold “as is” (voetstoots) and are excluded from being returned for any reason whatsoever.
8.9. The Buyer will have the right to inspect the goods upon receipt, and within five (5) Business Days after delivery, written notice must be given to the Seller of any claim for damages on account of condition, quality, or grade of the goods, and Buyer must specify the basis of the claim in detail. Failure of the Buyer to comply with these conditions will constitute irrevocable acceptance of the goods by the Buyer. If any goods are defective, and within five (5) Business Days after the Buyer’s receipt of the goods, The Seller receives from the Buyer notice in writing that he/she wishes to return the goods, such goods are returned by the Buyer at his/her/its own risk and cost to the Seller in the same packaging and in the same condition as at the time of delivery within seven (7) Business Days after such notification, the Seller, at its sole discretion, may send a new consignment or rescind the transaction and refund the Purchase Price […or Sale Price…?] to the payee less reasonable administrative handling and packing costs of fifteen percent (15%) plus actual delivery/shipping and insurance cost, with a minimum of ZAR100 to be retained by the Seller. Such refund will be subject to the payee providing proof of the banking details verified, signed and stamped by the banker. Certain products will only be able to be returned if subject to manufacturing fault. The Buyer agrees to be bound by Seller’s decision in regard to the condition of the goods as at the time of return.
8.10. In the event of a payment to the Seller reversed after the goods are despatched to the Buyer, any discount or Sale Price granted or negotiated with the Buyer, shall lapse and the Buyer shall forfeit entitlement to such discount or Sale Price or negotiations for a discount because of his and/or his bank’s failure to honour the payment.
8.11. Shipping costs and other charges incurred by the Seller are non-refundable. If the Buyer receives a refund, the cost of any return shipping paid by the Seller will be deducted before processing such refund.
8.12. The Buyer is advised to use a tracking service or to purchase insurance when returning goods to the Seller as the Seller cannot guarantee that the returned goods will be received by it.
8.13. The goods shall be delivered to the address provided by the Buyer in the registration process. If the goods are to be delivered to an address other than the address stated in the registration process, the goods shall be delivered to the alternative address as provided in writing and at the Buyer’s risk and costs.
8.14. Any person who receives the goods at the address as provided to the Seller is conclusively presumed to be authorised to accept delivery on behalf of the Buyer.
The Buyer shall be obliged, if applicable, to pay any costs of delivery, export and import including without limitation any state or custom duties or fees and any costs for permits and consents charged by SARS or any other state organ, which costs will be included in the quotation.
The email addresses and other contact details of the Seller can be found under our Contact Us link on this Site.
11.1. This clause does not apply to this Agreement if section 44 of the Electronic Communications and Transactions Act applies.
11.2. To the extent that this section applies to this Agreement, it is in addition to and not in substitution of any right to rescind this Agreement that may otherwise exist in law between a seller and a buyer.
11.3. The Buyer may rescind a transaction resulting from any direct marketing without reason or penalty, by notice to the Seller in writing, or another recorded manner and form, within five (5) Business Days after the later of the date on which—
11.3.1. The transaction or agreement was concluded; or
11.3.2. The goods that were the subject of the transaction were delivered to the Buyer.
11.4. A Seller must—
11.4.1. return payment received from the consumer in terms of the transaction within fifteen (15) Business Days after—
(a) receiving from the Buyer notice of the rescission, if no goods had been delivered to the consumer in terms of this Agreement; or
(b) receiving from the Buyer any goods supplied in terms of this Agreement; and
11.4.2. not attempt to collect any payment in terms of a rescinded transaction, except as permitted in terms of section 20(6) of the CPA.
12. Returns policy
12.1. This clause is, insofar as applicable, subject to the CPA.
12.2. To be eligible for a return, the item must be unused, returned in the original packaging and in the same condition that delivered to the Buyer within ten (10) Business Days since the date of delivery to the Buyer, and at the Buyer’s own costs.
12.3. The Seller will only exchange goods or allow a refund as stipulated elsewhere in this Agreement. Queries or complaint in this regard should be sent to the email address provided for this purpose under “Contact Us” on this Site.
12.4. Under no circumstances will the Seller accept returned goods where the Buyer has been afforded the opportunity to inspect the goods prior to the purchase or after acceptance of a delivery, the goods have been damaged due to the Buyer’s negligence, the goods have been disassembled, permanently installed, physically altered, used or installed contrary to our and/or the manufacturer’s written instructions and/or have been subjected to misuse or abuse.
13. Claim for a Refund
Please note that any refund due to the Buyer by the Seller is subject to the following terms:
13.1. Items on sale, specials and second hand goods are sold “as is” (voetstoots) and are exempt from being returned or claiming a refund in respect thereof for any reason whatsoever.
13.2. Any refund shall be paid by electronic transfer or such other payment method as the Seller may deem fit from time to time.
13.3. Such payment will be made into such payee’s account as provided to the Seller in writing and after expiry of fourteen (14) clear Business Days of receipt of the Buyer’s payment into its bank account.
13.4. If such claim for a refund exceeds ZAR 20 000.00 the Seller will also require notarised copies of (a) proof of payment to the Seller as well as (b) your personal standard FICA documents; (b) in respect of any entity as Buyer, if applicable; (d) valid passports or South African identity documents of all directors/members (e) plus proof of the domicilium of the aforesaid parties; (f) together with any documents required by the SA Reserve Bank; and (g) any further supporting documents requested by the Seller after receipt of such claim, to be couriered to the Seller before any payment will be made.
13.5. The Seller shall not be responsible if such payment is not actually received by the Buyer (the payee). In such event the Seller shall endeavour (but will not be obliged) to retrieve any payments erroneously transferred but will not have any further liability or obligation for such payments if the Seller is unable to retrieve or recoup same.
13.6. The Seller shall be entitled to set off any charge backs against any payments.
14. Refund policy: Returns
14.1. Under no circumstances will the Seller accept returned goods where the Buyer has been afforded the opportunity to inspect the goods prior to the purchase or after acceptance of delivery, the goods have been damaged due to the Buyer’s negligence, or recklessness, malicious behaviour or criminal conduct, or where the goods have been partially or entirely disassembled, physically altered, permanently installed, affixed, attached, joined or added to, combined with, or embedded within, other goods or property or in any way physically altered, used or installed contrary to the Seller’s and/or the manufacturer’s instructions and/or have been subjected to misuse or abuse.
14.2. Neither the Seller nor its members, agents or employees are responsible for any errors of description or the authenticity of any purchase.
15. Refunds (if applicable)
15.1. Once the returned goods are received and inspected, the Seller will send the Buyer an email to notify the buyer that the Seller has received the returned goods at which stage the Seller will also notify the Buyer of the approval or rejection of any refund claim.
15.2. If approved, the refund will be processed, and a credit will automatically be applied to the credit card or other bank account, within 5 Business Days thereafter.
16. Late or missing refunds (if applicable)
16.1. If the Buyer has not received the refund after 5 Business Days—
16.1.1. double check the bank account provided to the Seller for refund purposes;
16.1.2. then contact the credit card company, as it may take some time before the refund is officially processed by them;
16.1.3. thereafter contact the bank as there is often a processing turn-around time before a refund is posted or a batch posting processed before being updated on their computer systems.
16.2. If after attending to the above and the refund has still not been received, go to the Contact link on the Seller’s website to obtain an email address to raise a query/ email email@example.com.
17.1. The Buyer may not set-off any expected or anticipated refunds from amounts owed to the Seller in respect of any earlier purchases in terms of any other agreement(s) entered into with the Seller.
17.2. The Seller may not retain any refunds payable to the Buyer in anticipation of any future orders unless instructed in writing by the Buyer to retain such money.
18. Intellectual property
The Seller retains all copyright in all material, including logos and other graphic designs which form part of this Site, save in respect of those logos, trademarks and trade names in respect of linked websites.
19. Jurisdiction in respect of Legal Proceedings
The Buyer hereby consents, in relation to any legal proceedings which may result from this Agreement, to the Seller instituting any action and enforcing any of its rights in terms of this Agreement, to the jurisdiction of the Small Claims Court in respect of claims not exceeding its jurisdiction or the Magistrate’s Court of the district having jurisdiction by virtue of section 28(1) of section 45 of the Magistrates’ Court Act, 1944 (Act 32 of 1944), provided that the Seller is furthermore entitled in its discretion to institute any such legal proceedings in any other competent court.
In the event of legal proceedings arising between the parties from the terms and conditions of this Agreement, or pertaining to any breach of the Buyer, the Buyer will be liable for the Seller’s Legal Costs on a scale as between attorney and client, including, but not limited to, collection commission and tracing agent’s fees as well as Interest as defined above.
21. Notices and domicilia citandi et executandi
21.1. All notices to be given in terms of this Agreement will be in writing.
21.2. Should the Buyer violate any of the provisions contained herein the Seller reserves the right to pursue any and all legal avenues and equitable remedies against the Buyer. Should the Seller fail to enforce any right or provision in this Agreement, the Buyer agrees that this failure does not constitute a waiver of such right or provision or of any other rights or provisions contained in this Agreement.
21.3. The Seller chooses its registered address and/or fax number and/or email address as stipulated in clause A above as domicilium citandi et executandi for purposes of all notices to be given in terms of this Agreement.
21.4. The Buyer chooses as his/her/its chosen domicilium citandi et executandi residential address and/or registered address and/or delivery address and/or email address as stipulated in clause B or C above (as the case may be) for service of any notice/s or any legal process and for any other purposes arising from this Agreement, the delivery address recorded during the registration process and/or alternative delivery address as provided in writing to the Seller and/or fax number as recorded during the registration process and/or email address recorded during the registration process on the Seller’s website as domicilium citandi et executandi for purposes of all notices to be given in terms of this Agreement.
21.5. The parties further agree that service of notices and/or any other legal process can also be effected via email or fax to the email address or fax number recorded during the registration process and delivery shall be accepted as follows:
21.5.1. A notice which was sent by prepaid registered post in a correctly addressed envelope to the domicilium address specified by the parties in sub-clauses 3 and 4 above will be deemed to have been received within ten (10) days from the date it was posted.
21.5.2. A notice which was delivered by hand to a responsible person during ordinary business hours at the physical address of each party will be deemed to be received on the day of delivery.
21.5.3. A telefax sent to the telefax number specified by each party will be deemed to have been received on the first business day after transmission in the RSA.
21.5.4. An email sent to the email address specified by each party will be deemed to have been received on the first business day after transmission in the RSA.
21.5.5. A party shall be entitled to amend its domicilium address as mentioned above by giving seven (7) days written notice to that effect to the other party.
21.6. Notwithstanding the above, any notice actually received by the party to whom the notice is addressed will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with the provisions of this clause.
22. PAIA Section 10 Guide …………………?
23.1. Any consent or approval required to be given by any party in terms of this Agreement will, unless specifically otherwise stated, not be unreasonably withheld.
23.2. This Agreement will only be seen as accepted and valid from the Seller’s point of view once all documentation had been signed, this includes this Agreement, and, in the event of the Buyer being a legal entity, a Suretyship, as well payment of the Initial Deposit into the Seller’s bank account.
23.3. The Buyer agrees to accept the receipt of electronic format tax invoices, credit and debit notes, which will be transmitted via email, and the following conditions thereto as required by SARS and in terms of the provisions of the Value-added Tax Act for the issuing of tax invoices, credit and debit notes –
23.3.1. Electronic documents (tax invoices, credit and/or debit notes) will be transmitted and issued to the recipient in 128bit encrypted PDF or any other file format as prescribed by SARS from time to time.
23.3.2. The transmitted electronic document will constitute the original tax invoice, credit or debit note. No other tax invoice, credit or debit note will be issued in respect of the specific supply, except as a copy of the original document.
[Only if order is placed on behalf of an entity or any other juristic person.
24.1. In the event of the Buyer being a juristic person, the Representative, in entering into this Agreement, by affixing his signature hereto is jointly and severally liable for the due, proper and punctual performance by the Buyer of and the Suretyship annexed/linked hereto, to bind himself /herself/themselves as surety/ies and co principal debtor in respect of all its obligations arising from this Agreement (hereinafter referred to as "the Surety").
24.2. The Surety waives and renounces any right to claim an abatement of the account from the Seller before making payment in terms hereof.
24.3. The Surety by accepting the Suretyship, in addition to any benefits he may be entitled to in law and without detracting from the generality of the foregoing, hereby waives the following exceptions and the benefits arising therefrom while at the same time acknowledges that he fully knows and understands the meaning and full force and effect of such benefits: the benefits of excussion, division, cession of action.
25. Cession or assignment
The Buyer may not cede or assign or otherwise transfer any of his/her/its rights and/or obligations in terms of this Agreement, either in whole or in part without the prior written permission by such intended cessionary and in the sole discretion of the Seller which consent will not be unreasonably withheld.
26. Entire assignment
26.1. There are no warranties, representations, pledges or agreements, expressed or implied, between the parties except those expressly set forth in this Agreement. Any amendments or variations of this Agreement shall be in writing and executed by the contracting parties.
26.2. This Agreement constitutes the entire agreement between the parties and shall prevail in the event of any discrepancy with any other written, electronic or oral agreement between the Seller and the Buyer. All prior agreements, discussions, representations, warranties and pledges are merged herein and neither party shall be bound by any undertakings, representations, warranties or promises not recorded herein unless added by way of an addendum, duly signed by both parties.
27. Waiver / Variation / Cancellation
27.1. The failure of the Seller to exercise or enforce any right or provision in terms of this Agreement shall not constitute a waiver of such right or provision.
27.2. No indulgence, waiver, leniency or extension of time granted because of failure to strictly deliver due performance according to the terms of this Agreement or in respect of any of the terms and conditions of this Agreement or any part of any term or condition will be binding or effectual for any purpose unless in writing and signed by or on behalf of the party consenting to such waiver. No indulgence, waiver, lenience, extension of time or failure on the part of any party hereto in exercising any right, power or privilege hereunder will constitute or be deemed to constitute a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or concession.
27.3. No variation, addition, deletion, or cancellation will be of any force or effect unless reduced to writing and signed by or on behalf of all the parties to this Agreement.
27.4. Any such waiver will be effective only in the specific instance and for the purpose given.
In the event that any provision of this Agreement and/or Annexures is determined to be invalid, unlawful, void or unenforceable, such provision shall nonetheless be valid and enforceable to the fullest extent permitted by the applicable law(s), and the unenforceable portion shall be deemed to be severed from this Agreement. Such determination shall not affect the validity and enforceability of any other clause or the remainder of that provision.
Any addendum to this Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same Agreement as at the date of signature of the party last signing one of the counterparts. The parties undertake to take whatever steps may be necessary to ensure that all counterparts are duly signed by all of them without delay.
30. Website disclaimer
30.1. The Seller, it’s members, directors, employees, agents, representatives or affiliates and suppliers shall not be liable for any loss, damage (whether direct, indirect or consequential) or expense of any nature whatsoever or howsoever caused (whether arising under agreement, delict or otherwise and whether the loss was foreseen or reasonably foreseeable), which may be suffered as a result of or which may be directly or indirectly ascribed to the use of or reliance upon this Site (including any information contained therein) on the internet.
30.2. Through this Site the Buyer may be able to link to other websites which are not under the control of the Seller and the Seller has no control over the nature, content and availability of those sites. The inclusion of any links does not imply a recommendation of products or services as advertised on such websites or endorses the views expressed within them.
30.3. Every effort is made to keep the website up and running smoothly. However, the Seller takes accepts no liability if the website is temporarily unavailable due to updates or other technical issues beyond its control.
30.4. The Buyer may not create a link to this Site without the Seller’s prior written consent. If the Buyer creates a link to this Site it is done, without limitation, at the Buyer’s own risk and the exclusions and limitations set out above will apply to the use of this Site by linking to it.
31. Buyer’s declaration
31.1. The Buyer hereby declare, by accepting this Agreement, that he/she/it gives consents and agrees to the Seller, in its sole discretion to:
31.1.1. carry out credit checks and/or a credit assessments from details submitted to the Seller; and
31.1.2. check the Buyer and/or the Representative’s payment history by researching records at one or more credit bureau; and
31.1.3. use any information regarding credit worthiness, defaults in payment and details of how the account is conducted and to disclose such information to any other creditor or Credit Bureau and that costs associated with any such action may be added to the Buyer’s account; and
31.1.4. photograph the goods and to use such photos for marketing purposes.
31.2. I/We, the undersigned, hereby confirm that I/we understand and accept these conditions and warrant that all the information of the Buyer as recorded by the Buyer are true and correct.
31.3. Any personal information is collected for legal purposes in order to enter in to this Agreement and/or action by the Seller as described above.
31.4. By capturing any personal information during the registration process on this Site, you consent, in terms of the Protection of Personal Information Act (“the POPI Act”), insofar as needs be, to the processing of your personal information by the Seller for any lawful purpose related to the activities of the Seller as described elsewhere in this Agreement.