WEBSITE AND ONLINE PURCHASE TERMS AND CONDITIONS.
PLEASE READ AND REVIEW THE TERMS AND CONDITIONS, AS THEY WILL BIND YOU ONCE YOU CONTRACT WITH US THROUGH THIS WEBSITE.
BY PURCHASING PRODUCTS FROM THIS SITE YOU WARRANT THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND CONDITIONS AND AGREE TO BE BOUND BY THEM.
PLEASE ENSURE THAT YOU DO NOT UTILISE THIS SITE IF YOU DO NOT ACCEPT, AND/OR AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Terms And Condition25th January 2021
Vape and Tech Guy SA Website Terms of Service
1.1 For purposes of these General Terms and Conditions and elsewhere on the website, “Tech Guy SA” means Vape and Tech Guy SA (Proprietary) Limited, Reg nr: 2018/574774/07.
These terms are the general terms of the relationship between Vape and Tech Guy SA and you. These terms cover any transactions where we provide services/products to you.
3. Online Orders
You represent and warrant that you (and any person who places an order):
– are old enough under applicable law to enter into the agreement;
– are legally capable of concluding any transaction;
– possess the legal right, full power, and authority to enter into the agreement;
– are authorised to use the credentials required for any account; and
– will submit true, accurate, and correct information to us.
If you are younger than 18 years of age, you warrant that you have the consent of your legal guardian to enter into the agreement or that you have obtained legal status in another manner.
3.2 Invitation to do business
The marketing of the services by us is merely an invitation to do business or for you to make an offer to procure services. The parties only conclude a valid and binding order when we accept the offer made by you. By completing and submitting an electronic order form, you are offering to purchase our products. Unless proven to the contrary, we only accept an offer relating to services/products upon us providing the service/product. We may accept or reject any offer. If we do not accept any offer, then we will refund any monies already paid by you.
Acceptance is done by way of sending an email to acknowledge the order which will confirm the products you have ordered together with the mechanisms by which payment may be made for the product ordered.
3.3 Deemed order
You will be deemed to have placed an order when you start consuming any services you have requisitioned automatically from the control panel, it is agreed that each click of a button to requisition a service constitutes a billable event.
Unless otherwise agreed, we may cancel any order at any time in our absolute discretion. We will refund any monies already paid by you.
Despite our best efforts, the stated fees may be incorrect. We will confirm the fees for any services when we accept your offer.
The terms in effect at the time you make an offer will govern the order. Each order will create a separate agreement. Despite that, we may consider the breach of any one order to constitute a breach of any or all orders.
Upon payment, the order will take between one and five business days to process. In the event that the suppliers, be on backorder or special order, you will be notified upon us receiving your payment. Should you want to confirm stock please contact us before payment (i.e. Stock has no quantity).
Vape and Tech Guy SA reserves the right to reject your order. This includes but is not limited to circumstances where:
-We do not have the requisite products in stock. -Your Payment is not authorized or is rejected and/or insufficient payment made to the order. – You rescind the offer timeously.
4. Failure of Vape and Tech Guy SA to perform
Ought there be circumstances in which we cannot fulfill our obligation timeously in terms of the agreement, you will have the choice of:
4.1 Waiting for the supplier to provide the order. 4.2. Get given a refund of what has already been paid (Excluding Fees)
5. Intellectual property
This website, www.techguysa.co.za, including all intellectual property rights including logos, photographs, images, text, and other graphics are owned by Vape and Tech Guy SA (PTY) Ltd. With regard to the product images, they are owned by their respective companies and are used for display purposes.
We hereby grant you the necessary permission to view or print specified portions (such as an invoice) off www.techguysa.co.za for the purpose of placing an order with us.
6. Links and Advertising
You may link our website and pages to social media in a form of “sharing”. However, you are prohibited from using www.techguysa.co.za as a means of selling your own website.
7. Our warranties
7.1 Service warranties
We warrant that in relation to the services:
– We and our personnel will possess and have the right to use knowledge and expertise sufficient to enable us to provide the services.
– We will provide the services in accordance with all applicable laws, enactments, and regulations.
7.2 General warranties
We warrant further that:
– We have the legal right and full power and authority to execute and deliver, and to exercise our rights and perform our obligations under the agreement;
– We and our personnel will not knowingly introduce any malicious software into your material or your system.
8. Disclaimer of warranties
You use our services at your sole responsibility and risk. We provide the services on an “as is” and “as available” basis.
8.2 Exclusion of liability.
We will not be liable regards any defect arising from negligence, failure to follow our instructions (whether oral or in writing), or misuse. We do not guarantee that the website will be uninterrupted or error-free, or that the server that makes it available is free from viruses or other harmful components.
We are not liable for any direct, indirect, or consequential loss, costs, damages, or expenses caused directly or indirectly by any delay in the delivery of the products.
9. Your warranties
You warrant that:
9.1 You have not been induced to enter into the agreement by any prior representations, warranties, or guarantees (whether oral or in writing), except as expressly contained in the agreement;
9.2 by entering into an order you are not acting in breach of any agreement to which you are a party; and you agree to indemnify, defend, and hold harmless us (and those related to us and our personnel, co-branders, or other partners) from and against any claim for damages by any third party as a result of the breach of these warranties, including all legal costs. If permissible under applicable law, legal costs will be on an attorney and own client basis.
10. Fees and payment
10.1 Due dates
You will be liable for and pay the fees and any additional fees promptly on the due date, without any deduction, set-off, or demand and free of exchange in the currency specified in the order. The prices throughout this website are quoted in South African Rands and payment is only accepted in South African Rands (ZAR). Additionally, the purchase price is subject to and packing and delivery costs if any.
10.2 Manner of payment
Payment can be done by way of Electronic Funds Transfers (EFT)at no additional cost. However, the EFT must be made via Bank account to Bank Account and Not Cash Deposits and must include your order number as a reference to us. Please note that an EFT may take between one and three business days.
The card processing may take between one and two days to clear, and is subject to change.
Mobicred payment may take between one and two days to clear. Terms and Conditions for Mobicred please see here.To register on Mobicred please follow this link.
Proof of payment must be sent to firstname.lastname@example.org
10.3 Late payments
We may halt the provision of any services until the customer has paid all amounts that are due.
10.4 Withhold payment
You may not withhold payment of any amount due to us for any reason.
10.5 Reverse Payment
We do not reverse payments unless an order has been canceled or we have received a letter of demand.
10.6 Payment profile
You and any signatory consent and agree that we may provide any registered credit bureau with information about the payment of amounts.
11. Delivery Information
We make use of Courier Guy (PTY) Ltd for delivery. Should you require your own delivery service this must be arranged before ordering and payment with us. Additionally, if you make use of your own delivery service the courier (only courier services and not customers) must collect between one and three business days. You will be given the option to acquire Courier Insurance of your product via delivery.
The product will be delivered to the address specified by you.
If a date is specified for delivery, it is merely an estimate and does not constitute any grounds for cancelling an order. If no date is so specified, delivery shall be within a reasonable time.
Due to storage limitations, we do not hold stock but order through distribution channels.
You are entitled to return to us any defective products upon notifying us of your intention to return the item (together with the reason for the return) within seven (7) days of the date of purchase. Packaging must be together with the item(s) as needed by suppliers.
In the event of the product being returned to us, you shall be obliged to initially cover the cost of such return, save that once we have received the product, and have confirmed the fault, we shall refund the costs associated with returning the product, to yourself.
In the event of any returned product having no-fault the cost of returning the product to yourself will be at your own cost and these returns must be made within seven (7) days of the date of purchase.
Should the item be unopened / opened in any way the company may charge up a 30% handling fee that will be deducted from the credit refund issued to the customer.
Should the item be returned in a condition that is deemed as unfit for resale the company reserves the right to refuse the refund and the cost of the return courier fees falls solely on the customer.
No refunds or credits will be issued for items such as software, vouchers, and/or Consumables (i.e. Opened Printer Toners, ink Cartridges, ink Bottles) as codes cannot be guaranteed as unredeemable after return to the company.
Any returns due to faults outside the return window are classified as warranty claims and are to be handled via the manufacturer’s warranty if applicable.
Should no warranty exist for the product in question the company cannot be held responsible in any way for the repairs or replacement of the product.
14. Changes to Terms and Conditions for Buying Products Online
The Company reserves the right to change or vary these terms and conditions from time to time. All information, stock quantity, and pricing are subjected to Errors and omissions excepted (‘E&EO’).
15. Warranties on Goods Sold
Any warranty with respect to the goods sold on this site shall apply only to the warranty provided by the manufacturer/suppliers of the product for the period that such warranty applies.
16. General Terms
The Company may, in its discretion, suspend or terminate the operation of this website without prior notice to you and without the need to give you reasons for the termination or suspension.
17. Electronic Communication
When you use or visit this website you consent to receive communications from us electronically.
Marketing based on automated systems (Newsletters etc.) will be only sent to individuals who have opted in to receive said marketing.
19. Limitation of liability
19.1 Direct damages limited.
To the extent permitted by applicable law, regardless of the form (whether in contract, delict or any other legal theory) in which any legal action may be brought,
our maximum liability to you for direct damages for anything giving rise to any legal action will be an amount equal to the total fees already paid by you to us for the goods or services related to the claim. The aggregate amounts for all claims will not be greater than the maximum amount.
19.2 Indirect damages excluded
To the extent permitted by applicable law, in no event will we (or our personnel) be liable for any indirect, incidental, special, or consequential damages or losses (whether foreseeable or unforeseeable) of any kind (including loss of profits, loss of goodwill, damages relating to lost or damaged data or software, loss of use, damages relating to downtime or costs of substitute products) arising from the agreement.
The limitation contained in this clause will not apply to any breach by a party of the other party’s proprietary or confidential information or intellectual property or damages arising from a party’s gross negligence.
19.4 We not liable for your default
We will not be liable for any loss or damage suffered by you arising out of or in connection with any breach of the agreement by you or any act, misrepresentation, error, or omission made by or on behalf of you or your personnel.
19.5 Other goods or services
We are not liable for any other deliverable, including the website, goods, or service provided by any third party.
Without limiting liability, neither party will be liable to the other for any loss that it may suffer as a result of theft, fraud, or other criminal act by a party or its personnel.
20. Resolving disputes
20.1 Notifying each other.
There will be a dispute about or from this agreement if a party writes to the other about it and asks for it to be resolved under this clause. The parties must refer any dispute to be resolved by:
-Negotiation (direct talks to try and agree on how to end the dispute); failing which
-Mediation (talks in which a neutral third party tries to help the parties agree on how to end the dispute); failing which
-Arbitration (a hearing after which a neutral third party makes a binding decision about the dispute).
Each party must make sure that their chosen representatives meet within 10 business days of notification, to negotiate and try to end the dispute by written agreement within 15 more business days.
If negotiation fails, the parties must refer the dispute to mediation under AFSA’s rules.
If mediation fails, the parties must refer the dispute within 15 business days to arbitration (including any appeal against the arbitrator’s decision) under AFSA’s latest rules for expedited arbitrations. The arbitration will be held in English in Cape Town. The parties will agree and appoint one arbitrator. If the parties cannot agree on the arbitrator within 10 business days after the referral, the Secretariat of AFSA will appoint the arbitrator.
20.5 Agree otherwise in an order
The parties may agree otherwise in order.
The parties may agree in writing to change the periods for negotiation or mediation.
21. Force Majeure
21.1 Parties not liable
No party will be responsible for any breach of this agreement caused by circumstances beyond its control, including flood, fire, earthquake, war, tempest, hurricane, industrial action, government restrictions, or acts of God.
21.2 Party affected to notify other parties
If there is an event of force majeure, the party affected will tell the other immediately, and they will meet within seven days to negotiate other ways to carry out any affected responsibilities under this agreement. The parties will continue to comply with the responsibilities that are not affected by the circumstances.