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Terms and Conditions
Audeze SA, a division of Arbalest Solutions (Pty) Ltd (‘Audeze SA’, ‘we’ or ‘us’), is a company that provides various products online to you, the consumer (‘you’). By registering on the www.audeze.co.za web site (the ‘Web Site’) or by purchasing any goods using the Web Site you agree to these Terms and Conditions.
DETAILS OF ARBALEST AS REQUIRED BY THE ECT ACT
In terms of s43 of the Electronic Communications and Transactions Act no. 25 of 2002 (‘ECT Act’) we are required to provide you with the following information:
Name: Audeze SA, a division of Arbalest Solutions (Pty) Ltd
Legal Status: Private Company incorporated in South Africa
Registration Number: 2015/407518/07
Directors: JM Band, CH Bregman, TW Millar
Address (also used for legal documents): 43 Wierda Road West, Wierda Valley, Sandton, Johannesburg
Web site: https://www.audeze.co.za
Email address: firstname.lastname@example.org
Telephone number: +27 (0)11 783 6108
Membership to self-regulatory bodies: None
Code of Conduct: None
Alternative Dispute Resolution code: None
YOUR RIGHTS BEFORE PLACING AN ORDER
Before you place an order with us we will give you an opportunity to:
Review the entire electronic transaction;
Correct any mistakes; and
Withdraw from the transaction before finally placing the order.
You may register on our Web Site and provide your details before you place an order with us. You agree that the information you provide will be complete and accurate.
If we discover that any of the details that you provided to us are inaccurate or incomplete or if we have any reason to suspect any criminal activity relating to your account we have the right to suspend until such time as the problem has been corrected or terminate your account. You agree not to hold us liable for any damage you suffer due to us suspending or terminating your account for this reason.
Payment must be made by means of our payment partner, PayFast (www.payfast.co.za), either by Electronic Funds Transfer (EFT), or by means of a credit card.
We accept VISA and MasterCard credit cards.
Credit card payments are limited to R32 000 per transaction and Instant EFT payments to R100 000 per transaction.
Irrespective of the manner in which you pay for the goods, the funds must be cleared and available to us in our bank account before we will send the goods to you.
There will be a delivery cost for sending the goods to you. We will indicate the delivery cost at the time of the transaction and this will be included in the total amount you must pay for the goods.
Payment for all goods must be made in South African Rand (ZAR) and the merchant outlet country at the time that payment options are presented to you is also South Africa.
All goods for sale on our Web Site include Value Added Tax (VAT). If we have to pay any unforeseen expenses such as custom fees, duties or surcharges or similar expenses we will have to charge you for these expenses.
We do not accept orders from outside of South Africa.
DELIVERY OF GOODS
Unless we indicate otherwise when we process your order, your order will be processed within seven days of us receiving the order and the funds being cleared in our bank account.
The goods will be couriered to you at the address you have chosen. You must confirm receipt of the goods by signing the delivery slip of the courier so that we can prove you received the goods.
Unless we indicate otherwise all goods will be delivered to you within 30 calendar days of payment in full by you for your order. If you have not received your goods by then, please contact our customer helpline.
We will be responsible for the condition of the goods until such time as they are picked up or delivered to you, after which you become responsible for the condition of the goods.
If you order more than one product at the same time we may dispatch the goods separately or together at our discretion.
Unless a special arrangement has been made with you, we will not deliver products after hours, on public holidays or on weekends.
Delivery will take place at the address which you indicated when you made the order with us. Please ensure that that address is correct. You will not be able to make any claim against us if the address which you indicated was incorrect or incomplete. You will be liable for the additional costs of recovering the products and having them redelivered to you.
We make use of delivery companies to assist us in making deliveries to you. While we take responsibility for their service delivery to you there are times when events beyond our control will delay the delivery (such as road accidents, traffic congestion, bad weather, strikes et cetera). When this is the case you will not have any claims against us for any harm resulting from the delayed delivery.
We will supply you with a username and password when you register on our Web Site. You must keep these details secret. If you become aware that someone else knows your username and password or your credit card details you must inform us immediately. You are responsible for any action taken relating to your username and password unless you have indicated to us in good time that the secrecy of your details has been compromised.
OUR RETURNS, REPAIR AND REFUNDS POLICY
All returns, repairs or refunds will only be provided if you provide us with proof of your purchase from us as well as the original packaging. If you do not return the original packaging to us we may charge you an amount for the reasonable cost of repackaging and restocking the item, provided that you will not be charged for repackaging if it was necessary for you to destroy the packaging in order to check that the product was correct and suitable for its intended purpose.
In terms of s44 of the ECT Act you can return any goods purchased through our Web Site within 7 (seven) days of when they were purchased by you (even if there is nothing wrong with the goods), except for goods:
Which are audio or video recordings or computer software and the packaging has been unsealed by you;
Which are intended for everyday consumption – such as food and drink;
Which are made to your specifications or for you personally;
Which deteriorate or expire rapidly; or
Which are published, such as books, magazines and newspapers.
If, within six months from when you purchased the goods from us, you find that:
There is something wrong with the goods;
The goods are of poor quality;
The goods cannot be used for the purpose you indicated to us when you bought the goods;
The goods are not usable and durable for a reasonable period of time; or
The goods do not comply with the applicable standards set under the Standards Act No. 29 of 1993;
then you can return the goods to us and you can choose whether we must repair or replace the goods or refund you your purchase price, after deducting a reasonable fee for any use you had of the product. However you cannot return goods to us when we warned you that they were not in a good condition and you accepted this at the time you bought the goods.
If we repair any goods on your behalf then we provide you with a warranty for a period of three months after we repaired the goods.
If you have a problem with your goods more than six months after you purchased the goods from us we will not repair or replace the goods nor will we refund you the purchase price. However many of the goods on our Web Site come with their own manufacturer’s guarantee or warranty which may be for more than six months, and you are welcome to contact the manufacturer of the goods directly if this is the case.
Please note that you cannot return the goods if you misuse or damage the goods or use the goods in a way they were not intended to be used.
Sometimes the stock of our products is limited. We will take all reasonable efforts to make sure stock is available but if it is no longer available we will refund you the purchase price or you can choose an alternative product which you wish to order. Should you choose an alternative product you may be required to pay the difference in price between the products.
PRIVACY AND MARKETING
We take all reasonable steps to protect your personal information and will only provide your personal information to those parties who require this information in order to process your order and where we are legally obliged by a court of law to do so. ‘Personal Information’ is defined as indicated in the Promotional of Access to Information Act No. 2 of 2000 which can be found at http://www.polity.org.za/attachment.php?aa_id=3569.
Should you indicate that you are happy for us to do so, we will provide you with various information about our products from time to time. You can ask us to stop sending you these communications at any time.
You agree that we can collect, store and use the following of your personal information for the purposes detailed below:
name and surname;
country of residence;
non-personal browsing habits and click patterns;
IP address; and
ID number / passport number.
We collect and use this personal information for the following purposes:
to greet you when you access the Web Site;
subject to your consent, to inform you of facts relating to your access and use of the Web Site;
subject to your consent, to inform you about competitions and special offers from us;
to compile non-personal statistical information about browsing habits, click-patterns and access to the Web Site;
to verify your identity when transacting with us;
to ensure that the goods are received by the addressee; and
to facilitate communication between you and any Marketplace Sellers from whom you have made purchases.
Should you wish to view and correct any information we hold about you, you can do so by logging into your account.
All intellectual property contained in the Web Site is either our property or the property of a third person and is not in any way licensed or sold to you. You may not copy our Web Site or any of our intellectual property (such as our trademarks) without our written consent.
The images used on the Web Site may not always reflect the particular product which you want to order. Please make sure that you read the description of the product carefully before placing your order.
EXCLUSIONS OF LIABILITY
We will not be responsible for any damage you suffer if the reason for the damage is your failure to provide complete or accurate information to us (such as the wrong delivery address or telephone number).
We do not accept any liability for any injury, illness or death or damage to or destruction of property arising from your use of the product which you have purchased except if the claim falls under section 61 of the Consumer Protection Act 68 of 2008 and you can prove all the requirements of the claim.
While all precautions have been taken to ensure the accuracy of information on this Web Site we cannot be held liable for any inaccuracies, injury or damages.
We will not be responsible for any indirect damage or loss that you suffer.
We provide links to other Web Sites. We have no control over the content of those pages and cannot accept any liability for the contents and the accuracy of those sites.
Any dispute regarding these Terms and Conditions will be resolved in terms of South African law.
The successful party in any dispute will be entitled to all legal costs incurred (often referred to as attorney-client costs).
VARIATION OF THESE TERMS AND CONDITIONS
Due to various factors such as changes in legislation we will amend or change these Terms and Conditions from time to time. Please pay careful attention to the version number of the Terms and Conditions when ordering any goods from us as you will be bound by the most recent set of Terms and Conditions. Due to the frequent variation of our Terms and Conditions we are unable to provide you with any notice of a change to our Terms and Conditions, but we will always present you with our Terms and Conditions so that you can check them for changes before you place an order.