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Terms and Conditions
GENERAL TERMS AND CONDITIONS OF MECER WEBSITE
- This website http://shop.mecer.co.za (“the site/website”) is operated by Mustek Limited (Registration Number 1987/070161/06) (“Mustek Limited”). Throughout the site, the terms “we”, “us” and “our” refer to Mustek Limited and the terms “you” or the “user” refer to any person or entity using or visiting this site.
- By visiting or using our site and/or purchasing any goods or service from us, you acknowledge and agree to be bound by the following terms and conditions (“the T&C”), including those additional terms and conditions, policies and notices referenced herein and/or available by hyperlink (as amended from time to time in Mustek Limited’s sole discretion).
- These T&C apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. If you do not agree to these T&C, do not continue to use the site. Your continued use of the site will constitute acceptance of the T&C, unmodified by you.
- Please read these Terms of Service carefully before accessing or using our site. By accessing or using any part of the site, you agree to be bound by these T&Cs.
- If you do not agree to all the T&C of this agreement, then you may not access the site or use any services. If these T&C are considered an offer, acceptance is expressly subject to these T&C.
- Any new features or tools which are added to the current store shall also be subject to the T&C. You can review the most current version of the T&C at any time on this page.
- We reserve the right to update, change or replace any part of these T&C by posting updates and/or changes to our site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the site following the posting of any changes constitutes acceptance of those changes.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these T&C, you represent that:
- you are at least the age of majority in your province of residence; or
- that you are the age of majority in your province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).You shall not transmit any worms or viruses or any code of a destructive nature.A breach or violation of any of the aforegoing terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse to render the Service to anyone for any reason at any time in our discretion. You understand that your content (not including credit card information) may be transferred unencrypted and involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express prior written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect the terms and conditions contained herein.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, complete or up-to-date sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS
Stocks of all products on offer are limited. While we take all reasonable efforts to ensure that when stock is no longer available, that offers thereof are discontinued.Should we be unable to fulfill any order placed by you at the advertised price due to stock having sold out, we will notify you and you will be entitled to a refund of the amount paid by you for such product as explained in more detail in the Refund Policy (“Return & Refund Policy”). These products appearing on the site may have limited quantities and are subject to return or exchange only according to our Return & Refund Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store, however we cannot guarantee that your computer monitor's display of any color will be accurate. Should you be dissatisfied with the product you receive for any reason, you are entitled to return the product to us for a full refund within 7 days of delivery. Please see our Return & Refund Policy in this regard (which details how and when you can be refunded, as well as how returns are to be made).
We reserve the right, to limit the sales of our products or services to any person, geographic region or jurisdiction. We further reserve the right to limit the quantities of any products that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any prohibited offer for any product made on this site is null and void. Lastly, we do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.
SECTION 6 – SALE OF PRODUCTS
Kindly note that merely by placing a product in a shopping basket or adding it to a wishlist without completing the purchase cycle does not constitute an agreement of sale and/or an order for such product. Accordingly, we may remove such product from the shopping basket or wishlist if stock becomes unavailable and you cannot hold us responsible if any product is not available at any stage.
Provided that the product is available, a binding agreement of sale only comes into effect if and when:
(1) you electronically submit a properly completed order for one or more products in your shopping basket; and
(2) payment is either authorised, or received by us in our bank account.
SECTION 7 – TERMINATION OF SALES & CANCELLATION OF ORDERS
We reserve the right, for whatsoever reason, to refuse to accept or process payment on any order, and/or to cancel any sale concluded between you and Mustek Limited, in whole or in part, on notice to you. In such event, we shall only be liable to refund monies already paid by you in terms of our Return & Refund Policy and we accept no other liability which may arise as a result of such refusal to process any order/sale.
Subject to certain charges, you are entitled to cancel any sale concluded on this site within 7 days after date of receipt of the goods and to obtain a refund. You may also cancel a sale where delivery is delayed beyond the stipulated delivery date/timeframe (or where none is specified, beyond 14 days from the order date). Please read the Return & Refund Policy for further details in this regard.
SECTION 8 – PRODUCT PRICES
The price of each product is displayed with the product listing. In the event of a sale or special offer, the discounted price is displayed.
The price of each product displayed with the product listing excludes delivery charges. Delivery charges in the amount of R170.00 (One Hundred and Seventy Rand) including VAT will be levied per delivery within the borders of the Republic of South Africa (“RSA”). We unfortunately do not deliver beyond the borders of the RSA.
All prices quoted on the site are inclusive of Value Added Tax at the rate of 14%.
While we shall use all reasonable endeavours to accurately indicate prices and delivery charges, should products be erroneously offered at incorrect prices and/or delivery charges, we will not be obliged to sell products at such incorrect prices and/or delivery charges, but shall refund monies paid by you should you not wish to proceed with the purchase at the correct price and/or delivery charge.
SECTION 9 – PAYMENT FOR ORDERS
Payment for any products ordered from us must be made to us as follows by credit card or electronic funds transfer (“EFT”).
At the time of placing the order, the transaction details are presented to the bank and payment is collected immediately. If the bank’s authorisation is not obtained, the order will be cancelled. We may carry out certain fraud checks with the cardholder or the cardholder’s bank, should we be unable to verify the validity of the transaction the order will be cancelled.
Kindly note that:
- we do not collect, store or otherwise process your credit card or banking account details. PayGate (“PayGate”), payment service provider, will collect, store and process your credit card details or banking details for you, and display them to you later on the payment page of the site. More specifically, by selecting to have your credit card details or banking account details stored, you will be doing the following:
- contracting with PayGate who will collect, store and process your credit card details or banking account details for you on its systems in an encrypted format in PayGate’s secure environment (which is why you will be clicking to agree to its standard terms of service that are applicable to you);
- agreeing that we may disclose (by means of a link between the site and the systems of PayGate) to PayGate such of your information that we have on record as is necessary to enable PayGate (i) to verify your identity and determine whether you are already a registered PayGate user or not; (ii) to create a profile for you and store your credit card details with reference to that profile; and (iii) to check against your profile and pre-populate your credit card details or banking details on the Website or Paygate’s website portal.
SECTION 10 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
You agree to provide current, complete and accurate purchase and account information for all purchases made at our site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you.
SECTION 11 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these T&C.
SECTION 12 – DELIVERIES
We deliver products only to addresses within the borders of the Republic of South Africa. Delivery charges in the amount of R170.00 (One Hundred and Seventy Rand) including VAT will be levied per products in respect of delivery within the borders of the Republic of South Africa (“RSA”). We unfortunately do not deliver beyond the borders of the RSA. Delivery Periods: usually 12 business days. Delivery periods are only regarded as having commenced upon payment confirmation being received by us. If paying with a specific credit card for the first time on the Website, or if we regard the transaction to be large and/or unusual, we may carry out certain fraud checks with the cardholder’s bank and the delivery period shall only be regarded as having commenced upon completion of such checks. Kindly note that “business days” exclude Saturdays, Sundays and public holidays. Should delays occur, every reasonable effort will be made to inform you.
SECTION 13 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 14 - PERSONAL INFORMATION
SECTION 15 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 16 - PROHIBITED USES
In addition to other prohibitions as set forth in the T&C, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 17 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no circumstances whatsoever shall Mustek Limited, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.
SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Mustek Limited and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these T&C or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 19 - SEVERABILITY
In the event that any provision of these T&C is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these T&C, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 20 – TERMINATION
These T&C shall commence from the date on which they appear on the Website and continue indefinitely (as amended by us from time to time) for so long as the Website exists and is operational, provided that we shall be entitled to terminate these T&C and/or shut down the Website at any time (subject to still executing any orders then already placed and accepted by us). The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these T&C, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 21 - DEFECTS, RETURNS, REFUNDS & GUARANTEES
Should you not be satisfied with any product purchased by you on the Website by reason of a defect, incorrect choice of product, or otherwise, you may, under certain circumstances, be entitled to either be refunded or have the product repaired or replaced, as the case may be. The Return & Refund Policy regulates your rights in this regard, and how products are to be returned to us.
SECTION 22 - ENTIRE AGREEMENT
These T&C and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service and the purchase of any product/s, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the T&C). Any ambiguities in the interpretation of these T&C shall not be construed against the drafting party. The failure of us to exercise or enforce any right or provision of these T&C shall not constitute a waiver of such right or provision.
SECTION 23 - GOVERNING LAW
These T&C and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Republic of South Africa and you consent to the jurisdiction of the Courts of the Republic of South Africa.
SECTION 24 - CHANGES TO TERMS OF SERVICE
We reserve the right, at our sole discretion, to update, change or replace any part of these T&C by posting updates and changes to our site. It is your responsibility to check our site periodically for changes. Your continued use of or access to our site or the Service following the posting of any changes to these T&C constitutes acceptance of those changes.
SECTION 25 - CONTACT INFORMATION
Questions about the T&C should be sent to us at : email@example.com.
SECTION 26 – TRANSACTION RECORDS
A full record of every sale and related transaction between you and Mustek Limited shall be kept by Mustek Limited.
SECTION 27 – GENERAL LIABILITY DISCLAIMER
Neither Mustek Limited nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this Website or the Services or content provided from and through this Website, except for any liability in terms of Consumer Protection Act 68 of 2008 (“CPA”) in relation to any products sold by us to you via the Website; and under sections 43(5) and 43(6) of the ECT Act in relation to Mustek Limited’s payment systems not being sufficiently secure.
Furthermore, Mustek Limited makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this site are free from errors or omissions or that the Service will not be interrupted or error free.
Although the products sold via the Website may be under warranty, the Website itself is supplied on an “as is” basis and has not been compiled or supplied to meet your individual requirements. It is your sole responsibility to satisfy yourself prior to accepting these T&C that the Service available from and through this Website will meet your individual requirements and be compatible with your hardware and/or software.
Information, ideas and opinions expressed on this Website should not be regarded as professional advice or the official opinion of Mustek Limited and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Website.
SECTION 28 – SECURITY
You consent to Mustek Limited taking all reasonable steps to ensure the integrity and security of the site and back-office applications.
SECTION 29 – DISPUTES
In the event of any dispute of any nature whatsoever arising between you and Mustek Limited on any matter provided for in, or arising out of these T&C, and not resolved through our Customer Relations Department, then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa (“AFSA”) and such arbitration shall be conducted in accordance with the expedited arbitration rules of AFSA
SECTION 30 – NOTICES
Mustek Limited nominates its address for all purposes under these T&C, whether in respect of court process, notice, or other documents or communication of whatsoever nature, the following address: 322, 15th Road, Randjespark, Midrand, South Africa, with a copy to firstname.lastname@example.org (the sending of such copy being required in order for any notice to be validly delivered to us).
SECTION 31 – COPYRIGHT & OTHER INTELLECTUAL PROPERTY RIGHTS
Any and all copyright subsisting in the Website, including these T&C, vests in Mustek Limited. You may only download, view and print content from this Website for private and non-commercial purposes..
Kindly note that we are unable to screen or edit all the content available from the Website and does not accept any liability for illegal, defamatory or obscene content.
All the content, trademarks and data on this Website, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to Mustek Limited and as such are protected from infringement by local and international legislation and treaties.
When you visit the Website or send e-mails to Mustek Limited, you consent to receiving communications from us electronically and agree that all agreements, notices, disclosures and other communications sent by us satisfy any legal requirements, including but not limited to the requirement that such communications should be “in writing”.
SECTION 31 – ECT ACT
The ECT Act provides that when goods or services are offered by way of certain electronic transactions, the seller thereof must make certain information about it available to customers on websites where the goods or services are offered.
Name: Mustek Limited (Proprietary) Limited, registered in South Africa, registration number 1987/070161/06.
Main business: Manufacturer, Supplier and Distributor of Computers and Electronic Equipment.
Address for receipt of legal service: See Section 30 Above.
Executive Directors: David Kan (Director), Hein Engelbrecht (director), Neels Coetzee.
Official email address: email@example.com