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
(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.
MEMORANDUM OF AGREEMENT OF SALE entered into by and between:
• [A] SELLER: Bright Idea Projects 2765 T/A NXT LEVEL TECH, Registration number
CK2010/140267/23 , with registered address Unit 6, ADF Park, 21 Vonkel Street, Saxenburg
Park 2, 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
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
applicable), Payment Options, Promotion of Access to Information (“PAIA”) Section 10
“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
"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
"Duties and Levies" means any duties and levies charged by any national, provincial of local
“FICA Documents” mean documents to be 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 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
“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 and
NXT Level Tech shop 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
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. 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
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. Sale 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
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 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
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
6.1. A client may affect payment for the goods in one of the following ways:
Electronic Payments, Cash Deposit at an Advanced FNB ATM only.
In Store; Cash / Credit Card / Debit 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. No cheque deposits accepted unless by prior
arrangement with Management
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 prior to collection / delivery.
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
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;
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
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 are not deceptive, ambiguous, false or fraudulent; and
7.2.2. are made in compliance with all applicable laws, government regulations and/or
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
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
7.4. In event of the Buyer being an entity or juristic person, it warrants and undertakes to the
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
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 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
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.
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
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
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
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
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
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
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
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;
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
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.
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