1. You agree that Quotes and Invoices are not valid without these terms of sale, and that you have read and understood these terms in full.
2. All the sites managed or owned by us may not be regarded or classified as "e-commerce" sites because:
We do not accept credit cards directly through the site.
A written quotation is requested by you before a purchase can be made.
All orders are made to your specifications.
3. You agree that we resell and distribute products and services on behalf of our suppliers, and that we shall not be responsible or liable for any claim arising as a result of warranty issues, damages or losses that has occurred through the use of their products. You further agree that all responsibility lies with the manufacturers and original South African suppliers of these products, and that we have made no guarantees or warranties to the appropriateness of any product. Our sole responsibility will be to communicate your concerns to the supplier and to return the product for inspection and possible repair at our original South African supplier. The delivery and collection costs of faulty products are the customer's responsibility.
4. Suitability of goods: We do not warrant the suitability of goods. Please check the suitability of products with the manufacturer before purchasing. When making a purchase, the customer agrees that he/she has made the necessary enquiries to ensure that the product suits his/her needs, requirements and specifications. The user agrees that by purchasing a DSP license (of any software), that the user is (a) a system builder and (b) that the software will be used for new computers. The user agrees to return such (unused) software immediately if a license is incorrect for a refund or replacement of the correct license.
5. Payment: All payments are in advance, by bank transfer or by cash into one of our accounts.
6. No Cheque payments: You agree not to make payment by cheque without receiving prior written permission from a manager. If payment has been made by cheque without permission, no goods will be released until the cheque has cleared in our account, which may take 10 working days or longer. The original order will be cancelled immediately, and a new quote will be issued for the products with updated pricing when the cheque has cleared our account, at which point, any price difference will have to be paid or refunded.
7. Credit card payments: We do not accept credit card payments. You may pay using your credit card through your bank, the Internet or ATM by doing a "credit card transfer" from your linked account.
8. Collections and cash on delivery (COD): All payments are to be done in advance before delivery is made. You may only collect orders from our premises in Danabay once full payment has been received and has cleared in our bank account and if arranged beforehand. We usually don't carry stock.
9. Warranties: All warranties are covered by our original South African suppliers only, this may not always be the same as the manufacturer warranty. The warranty period is different for each component and brand. Software and consumables, such as ink, paper and media, are not covered by any warranty. All warranties, unless stated otherwise, are carry-in: products are to be sent to us (or to the original supplier if an option to do so exists) at the customer's own expense, and the product is to be collected at the customer's own expense.
10. Warranty periods: The original South African supplier is responsible for the warranty on their own products. If the original South African supplier is not able to cover a warranty for any reason, then we will not be obliged to cover the warranty for any reason, for any extended period of time whatsoever. From time to time, our suppliers change their warranty conditions and periods, and these conditions become effective immediately and override any warranty period indicated on our own invoices. Only the original suppliers' warranty period, as indicated on their original invoice to us from our supplier, is valid at any given time.
11. On-site warranties: All on-site warranties are covered by the original South African supplier only and not by Cyberspree. Any on-site warranty that has been purchased with a product always defaults as to being a suppliers' on-site warranty without exception, and we are under no obligation to cover this warranty ourselves at any time.
12. Extended warranty: All extended warranties are covered by the original South African supplier or by the original manufacturer's representative in South Africa only. We do not offer any form of extended warranty on any product and do not cover any warranty ourselves. It is not possible to purchase or to receive such an agreement from our company unless we have made such a sale on behalf of our supplier. Any extended warranty cover that is indicated on our invoices and/or quotes always defaults as being a suppliers' extended warranty without exception, and we are under no obligation to cover this warranty ourselves at any time. 13. Warranty exceptions: Warranty does not cover physical damage of any sort. Damage that is not covered by a warranty includes, but is not limited to, physical damage, burnt components, lightning and surge damage. If a supplier has agreed to cover such damage, then they are responsible for honouring this cover. We will not cover this type of damage for any reason whatsoever.
14. Prices and specifications: The downloadable price guides and any price shown on our site are a reference only. Prices and specifications are subject to change without notice.
15. Stock availability: Receiving a quote does not imply that the items on that quote are in stock and customers must enquire about stock availability before making payment. Stock availability confirmation is only valid at the time when the enquiry was made, and unless the customer has requested for us to hold such stock (at our premises or at our suppliers), it will continue to be sold on a first come, first serve basis.
16. No stock available. Stock availability is not guaranteed. If stock is not available for any reason, then the quote becomes null and void since the product on which the quote was based on is no longer available. We offer you the option of an immediate refund if no stock is available.
17. Order on request products: "Order on request products" are products that need to be specially ordered for a customer. These are products that are not normally kept in stock at our suppliers, which have to be specially ordered and that takes longer than 7 calendar days to receive.
Should an item be "order on request", the price which was initially quoted is only valid for 24 hours and is subject to change. Any payment received for the product will be taken as a deposit for the product.
When the "order on request product" arrives at the supplier, the new price becomes effective. In the case of a price increase, the difference becomes payable by the customer, or in the case of a price drop, the difference becomes refundable to the customer.
We reserve the right to cancel these orders at any time.
An order may not be cancelled by the customer unless the price has increased by more than 5%, and we have agreed thereto. "Order on request" products are not returnable and are non-refundable once they have been received.
18. Specials, promotions and open box promotions. Products that are on special, are on promotion or that is sold as "open box" are available for a limited period of time, and are only valid while stocks last. All such products are sold on a first pay, first sold basis. Once these products have sold out, no replacement will become available. Any promotion product returned within 7 days will be entitled for credit, subject to our other terms, and no replacement will be made available. No credit or refunds are issued after 7 days on any promotion product.
Open box products are products where the box has been unsealed and opened, or where the product has been removed from the original box. These products are normally discounted, or are bundled with other products. The box may have been opened for a number of reasons and this may include, but is not limited to the following: the product was used as a demonstration unit (This would be sold as a demo unit), the product may have been returned by another customer within our terms of sale (the unit would have been confirmed as authentic, would have been tested, repaired if required, and reset to the original factory defaults by the original supplier of the product), or may have been purchased as an "Open box" product from the supplier. A reduced warranty period may apply to the product. 19. Courier and delivery charges: Courier and delivery charges for the transport of good to the customer, or for the return of goods to us, becomes payable by the customer. Delivery charges are not refundable. Should a customer return a product using our account, the amount then becomes payable by the customer, and goods will be held, or sold, to recover such costs. Free delivery does not apply, and delivery charges incured by us will become payable by the customer. Delivery charges will be deducted from any refund due to the customer.
20. Sending orders and confirmation of receipt - All information on the site and on our price guide should be treated as an invitation for you to make an offer to purchase ("the order") and we remain entitled to reject any order without giving reasons. An order, once sent to us, cannot be withdrawn unless we agree thereto. Although our site is set up to confirm receipt of your order ("confirmation"), technical or other problems may delay or prevent such confirmation. If you have not received confirmation from us shortly after sending your order you should contact us immediately. DO NOT re-submit your order as this may lead to a duplicate transaction for which you will remain liable. If you place your order via another site you should ensure that you have received Confirmation from us. Confirmation does not mean that a transaction has been concluded it merely serves to confirm that your order has been received by us. A transaction is only concluded once we have shipped the goods to your specified address on receipt of payment. We reserve the right to verify your identity and to conduct credit checks.
21. Trial - No Goods are sold on a trial basis.
22. Cash refunds - We do not issue cash refunds.
23. Credit and returns - Credit notes will be considered for returned goods, if the goods have been received by us within 7 (seven) calendar days of invoice. All items returned attract a minimum of 15% re-stocking fee, or a percentage equivalent to that charged by our suppliers if their charge is higher than 15%. All goods returned are to be correctly packaged. Specifically, goods must be returned in the packaging in which they were received, with all outer boxes and inner packaging intact (sealed and re-saleable). Items that are not correctly packaged will attract a minimum 20% handling charge.
We may refuse to give a refund on products that have been opened, used, installed, damaged or that are not correctly packaged. Software cannot be returned. If the customer has used the product, installed or activated any software on the product, we reserve the right to charge rental for its use. There is a minimum charge of 20% of the value of the product for the first 7 days (the minimum charge is 7 days), and 10% per week thereafter (charged per full week). The rental charge applies from the date of invoice to the date we receive the product at our premises, rounded up to a full week. The rental fee will exclude additional charges (which becomes payable by the customer) which includes, but is not limited to, the full cost of any repair required to be done to the product, any support given, re-packaging, and the full cost of any activated software.
No credits will be issued after 7 (seven) days.
24. Exclusions for credit- No credits will be issued on Printer Cartridges, Software and CD's.
25. Quotation validity - A quotation is only valid if it has been received by you in an unchangeable, secure format, and it has not been altered in any way. If the valued is more than R300, at least one signature is required from us for the quote to be valid. Quotes are only valid while stocks lasts, and all prices, special offers and promotions will not be extended for any reason or for any duration of time once stock has been sold out.
When a quote is issued, discounted pricing may have been applied to bundled products. The quote is only valid when all the items on the quote are purchased as a whole unit in one consignment, including any delivery and administrative charges. Any price given for the separate components are not valid when purchased on their own and a new quote will need to be issued for those items.
26. Delivery charges - Delivery charges always applies if the goods are not collected from us. Free delivery only applies if we agree thereto in writing, and the words "Free delivery" clearly appears on your quote.
27. If a customer is not at the premises to take delivery when a delivery is attempted, then we reserve the right to charge the customer for delivery, no free delivery will apply and courier charges becomes payable. If several attempts have been made, then the goods will automatically be placed on for collection and it becomes the customer's responsibility to collect the goods from our premises. The delivery address will be the address printed on the customer's final quote, and the address will be considered correct and final. Any changes to the delivery address must reflect on the quote and final invoice. Once goods have been signed for at the delivery address given by the customer, the order will be considered delivered and fulfilled. Deliveries must be done to a place where the customer can take collection. Deliveries to plots, farms and constructions sites cannot be done. Deliveries to security complexes must be arranged with your security. Deliveries to offices must be arranged with your receptionists and/or security. Courier companies do not always call before delivery and the customer must be at the delivery premises at all times until delivery has been made. Deliveries are only done during office hours on work days.
28. Delivery charges paid by the customer on delivery - If the words "delivery" appears on your quote, but a delivery charge is omitted, or is given as 0 (Zero), then this means that the customer requires delivery but that the customer is directly responsible for the delivery charges with the courier company. The customer will pay the courier company immediately upon receiving the goods.
29. Collection - If the words "delivery" does not appear on your quote, then this indicates that the goods will be collected from us in Pretoria, either in person or by your own courier service at your own expense.
30. Returning of goods - If you return goods, or cancel an order once goods have been shipped, you agree to pay for all the shipping costs we have incurred in sending and receiving the goods. If a product has been returned, then we reserve the right to either reject the return, to charge a restocking fee and/or charge rental for the use of the product.
31. Waiting period on warranty returns - The minimum waiting period for the replacement of warranty items is 48 hours after return. This may be extended due to the availability of stock from the Manufacturer or Base Supplier.
34. Damage and defects on returns - Damage and defects which are in our opinion directly caused by incorrect or improper use, neglect, power surges, lightening damage, or mishandling by the customer are specifically excluded from any warranty or guarantee given or implied.
35. Completion of work - Any software configuration, installation or virus removal carried out and demonstrated to the Customer as working correctly is considered from that stage as completed task. If a similar fault occurs they will be treated as chargeable and will form a new contract.
38. Manufacturer's extended warranties - Manufacturer's own extended warranties are to be used by the customer directly with the Manufacturer.
39. We are not liable for any consequential loss or expenses, however caused, including incidental return costs.
40. Goods supplied as gifts or for free - If the words "free", "gift" or a currency value of zero (0) appears next to an item, then these items do not carry warranties unless it has been clearly specified that such a warranty does exist on that item. The warranty terms must appear next to that item on your invoice. General warranties do not cover these items, even if any other reference to warranty periods appears on your invoice or quote. Our only obligation will be to check the item to see if it does work or not. All replacement costs, repair costs and delivery costs will be to the customer's account. 41. In the event that a product is sent to us under guarantee and it is discovered that the fault has arisen due to misuse, neglect, mishandling, incorrect or improper use, we may, at our discretion, charge for carriage and/or labour.
42. In the event that a product is sent to us under guarantee and it is discovered that the system is functioning as intended, we may, at our discretion, charge for carriage and/or labour.
43. In the event that a product is sent to us under guarantee and it is discovered that the fault has arisen as a result of a software issue, we may, at our discretion, charge for carriage and/or labour.
44. New components installed as the result of an upgrade will have a one-year warranty from the date of their purchase. All existing components would have a warranty that dates from their original purchase.
45. If, during the course of an upgrade and/or repair, it is necessary to reinstall the customer's software or operating system, the customer may have to supply us with software installation disks and/or serial numbers. Failure to provide installation disk and/or serial numbers may make it impossible to install such software and/or operating systems.
46. Hardware and software bugs are the responsibility of the hardware or software manufacturer.
47. Any queries regarding a purchase must be reported by the next working day. This includes, but is not limited to, omissions (hardware, software, manuals, etc.), invoicing, charging or payment queries.
48. We do not accept liabilities for any unforeseen hardware failure that occurs while a System or hardware components are in our possession.
49. We reserve the right not to install, reinstall or test any software that we suspect may be pirated or obtained through any illegal means.
50. Late payments on credit purchases - All purchases made on credit, or on a credit account must be paid within 30 days from the date on your invoice, bill or statement, whichever is first, or whichever applies. Upon failure to pay within 30 days, the full outstanding amount will attract interest at 2% per month, calculated on a daily basis. Payments received will be used to pay the interest portion of your account first, and the remaining portion of your payment will pay the capital on your outstanding account balance. Any remaining balance will continue to attract interest until fully paid.
51. Debt collection -If a customer fails to pay after 60 days, or is unlikely to pay within an agreed period, the services of a debt collector may be used to collect the amount owed as well as any accumulated interest up until that date. A minimum "debt collection fee" of 25% will be added to the invoice amount plus the accumulated interest. There is no maximum fee. You agree that all hardware and software remains the property of Cyberspree until full payment has been received by us, that we reserve the right to recover unpaid goods and that we may charge rent for their use. In addition, you agree to pay any additional expenses that our company has suffered in order to recover and resell these goods.
52. No representations or warranties - The site and the information on the site are provided "as is" and we do not make any express, implied representations or warranties with regard thereto. Without limiting the generality of the foregoing, we disclaim all implied warranties in respect of merchantability or fitness for a particular purpose. We do not warrant that the site or the information on the site: (a) will be error free; (b) will meet any particular criteria of accuracy, completeness or reliability, performance or quality; or (c) will be free of viruses or any other data or code which has the ability to corrupt or adversely affect the operation of your computer, data or network.
53. Right to amend this agreement - We reserve the right to amend these terms and conditions at any time. All amendments to these terms will be posted on the site ("the current version"). Whenever you access the site you will be bound to the current version. You may terminate this agreement by written notice to us if you do not wish to be bound by the current version. Continued use of this site will be deemed to constitute acceptance of the current version. Unless otherwise stated the current version shall supersede and replace all the previous versions of the terms and conditions. A print-out signed by the webmaster responsible for maintaining this site will serve as prima facie proof as to the date of publication and content of the current version.
54. General Severability: If any of the provisions of these online terms are not fully enforceable for any reason, the remainder will nevertheless continue to apply. Jurisdiction and governing law: Unless otherwise specified, the goods and services offered on this site are intended for citizens of the Republic of South African only. The online terms shall be governed by and interpreted according to the laws of the Republic of South Africa without giving effect to any principles of conflict of law.
Notices and address for service: For purposes of these online terms Cyberspree will receive legal service of any formal notices or court process at the physical address specified on its website from time to time and you agree to receive same at your specified address.