T's & C's


TERMS AND CONDITIONS

 

INTRODUCTION

 

1.1    All references to “the Company“, “we“, “us” and “our” in these terms and conditions are deemed to refer to Tekkie Town (Pty) Ltd, registration number 2007/020629/07, a limited liability private company incorporated in the Republic of South Africa and having its registered address at 1 Saagmeul Road, George Industria, 6529, Western Cape.

1.2    These Terms and Conditions govern the supply by us of any product ordered by you on the Site.  By agreeing to order a product you agree to be legally bound by these Terms and Conditions.

1.3    In these Terms and Conditions:-

  1. “Account” means the account that you will need to register for on the Site if you would like to submit an order on the Site.
  2. “Acknowledgement” means our acknowledgement of your order by email.
  3. “Breach of Duty” has the meaning given to it in clause 10.1 of these Terms and Conditions.
  4. “Business Day” means a day which is, neither (i) a Saturday nor Sunday, nor (ii) a public holiday anywhere in South Africa.
  5. “Confirmation of Order” means our email to you in which we accept your order in accordance with clause 5.9 below.
  6. “Contract’ means your order of a product(s) in accordance with these Terms and Conditions which we accept in accordance with clause 5.9.
  7. “Customer” means individual who places an order on the Site.
  8. “Liability” has the meaning given to it in clause 10.1 (a) of these Terms and Conditions
  9. “Order” means the order submitted by you to the Site to purchase a product(s) from us.
  10. “You” means the customer who places an order.
  11. References to “clauses” are to clauses of these Terms and Conditions.

l.      Headings are for ease of reference only and shall not affect the interpretation or construction of the Terms and Conditions.

m.    Words imparting the singular shall include the plural and vice versa.  Words imparting a gender shall include every gender and references to persons shall include an individual company corporation, firm or partnership

n.     References to “includes” or “including” or like words or expressions shall mean without limitation.

 

2.      USE OF THE WEBSITE

 

2.1    You may only use the Website if you are 18 years of age or older. If you are under 18, you may use the Website only with the involvement of your parent or legal guardian.

2.2    To place an order with Tekkie Town you must be 18 years or older and in possession of a valid credit or cheque card issued by a bank acceptable to us.

2.3    You agree that you will not use any device, software or other instrument to interfere or attempt to interfere with the proper working of this Website. In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Company representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).

2.4    You may not use the Website to distribute material, which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.

2.5    You may not display, publish, copy, print, post or otherwise use the Website and/or the information contained therein for the benefit of any other website without the express prior written consent of an authorised Company representative.

 

3.      Ownership and Copyright

 

3.1    These Terms and conditions are our copyrighted intellectual property and any use by third parties – even of extracts for the commercial purposes of offering goods and/or services, is not permitted. Infringements may be subject to legal action.

3.2    The contents of this Website, including any information, software, icons, text, graphics, lay-outs, images, sound clips, trade names, logos, trademarks and service marks are protected by law, including but not limited to copyright and trade mark law, and are owned by or licensed to the Company.

3.3    No license to, or right in any of such contents is granted to, or conferred upon you. Any unauthorised use, distribution or reproduction of the said contents is prohibited.

 

4.      EFFECT

 

4.1    These Terms and Conditions shall apply to all orders and contracts made, or to be made by us for the sale and supply of products.  When you submit an order to us, give any delivery instruction, or accept delivery of the products, this shall in any event constitute your unqualified acceptance of these Terms and Conditions.  Nothing in these Terms and Conditions affects your statutory rights (including the right to insist that goods you buy from businesses must correspond with their description, be fit for their purpose and be of satisfactory quality).

4.2    These Terms and Conditions shall prevail over any separate terms put forward by you.  Any conditions that you submit, propose, or stipulate in whatever form and at whatever time, whether in writing, by email or orally,                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              are expressly waved and excluded.

4.3    No other terms or changes to the Terms and Conditions shall be binding unless agreed in writing and signed by us.

 

5.      HOW A CONTRACT IS FORMED

 

5.1    When placing an order you must register for an account on the site. You must follow the instructions on the Site as to how to make your order and for making changes to your prospective order before you submit it.

5.2    Irrespective of any price you have seen or heard once you select a product that you wish to order and have proceeded to the checkout the amount to be paid will then be shown on the site together with the charges you must pay, including VAT and cash handing fee, if applicable, unless otherwise stipulated on the Site, all charges are in the currency then in force in South Africa.  Subject to clause 5.11 below, this is the total that you will pay for receipt of the ordered product.

5.3    You shall pay for the product in full at the time of ordering by supplying us with your credit or cheque card details from a credit or cheque card company acceptable to us, which we require in order to process your order.  Alternatively, you may pay by any method that we have said is acceptable to us, but in any event we shall not be bound to supply before we have received cleared funds in full.  Depending on the results of a credit check we reserve the right not to offer certain forms of payment and to refer you to our other forms of payment.

5.4    If you are asked for details of a payment card, you must be fully entitled to use that card or account.  The card or account must have sufficient funds to cover the proposed payment to us.

5.5    You undertake that all details you provide to us for the purpose of purchasing the product from us will be correct, that the credit or cheque card or account or other payment method which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the product.  We reserve the right to obtain validation of your payment details before providing you with the product.

5.6    When you submit an order to the Site, you agree that you do so subject to these Terms and Conditions current at the date you submit your order.  You are responsible for reviewing the latest Terms and Conditions each time you submit your order.

5.7    Your order remains valid as an offer until we issue our Confirmation of Order or if earlier when we receive your notice revoking your order.

5.8    We shall not be obliged to supply the product to you until we have accepted your order unless expressly stating that we accept your order in an email, letter, fax or other communication.  Acknowledgement of your order by us is purely for information purposes and does not confirm the transaction, but will provide you with an order reference number and details of the product you have ordered.  We may in our discretion refuse to accept an order from you for any reason, including unavailability of products or we may offer you an alternative product (in which case we may require you to re-submit your order first).

5.9    A contract shall be formed and we shall be legally bound to supply the product to you when we accept your order.  Acceptance shall take place when we expressly accept your order by email to you in the form of a document called a “Confirmation of Order” stating that we are accepting your order.  Our Confirmation of Order shall be deemed to come into effect when it has been despatched by us.  Without affecting your obligation to pay us earlier, we may send an invoice to you at any time after we have accepted your order.  Until such time we accept your order, we reserve the right to refuse to process your order and you reserve the right to cancel your order. If we (or you) have cancelled your order before we have accepted it, then we will promptly refund any payment already made by you or your credit or cheque card company to us, for the order of the product.

5.10  If you discover that you have made a mistake with your order after you have submitted it to the Site, please contact customercare@tekkietown.co.za immediately.  However, we cannot guarantee that we will be able to amend your order in accordance with your instructions.

5.11  We try very hard to ensure that the price given to you is accurate, but the price of your order will need to be validated by us as part of our acceptance procedure. If the price of the order changes before we accept your order, we will contact you and ask you to confirm that you wish to proceed at the amended price.

5.12  A contract will relate only to those products whose dispatch we have confirmed in the Confirmation of Order.  We will not be obliged to supply any other products which may have been part of your order until we have sent a Confirmation of Order in relation to those products.

5.13  You must only submit information which is accurate and not misleading and you must keep such information up to date and inform us of any changes.

 

6.      DELIVERY

 

6.1    We intend to deliver the product to you at the place of delivery requested by you, in your order.  Orders are only delivered to a physical address.  No PO Box addresses are allowed.

6.2    We intend to deliver the ordered product within the time indicated by us at the time of your order (and updated in the Confirmation of Order) but we cannot promise an exact delivery date when you submit your order or at the Confirmation of Order.  We always aim to deliver any order, which we accept, within 3-5 working days (depending on the payment method used and stock availability) but we cannot guarantee any firm delivery dates.  Deliveries are done Monday to Friday between 08:00am and 17:00pm.

6.3    We shall aim to let you know if we expect that we are unable to meet our estimated delivery date, but to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.

6.4    On delivery of the product, you may be required to sign for delivery.  You agree to inspect the product for any obvious faults, defects or damage before you sign for delivery.  You need to keep the receipt of the delivered product in case of future discussions with us about it.

6.5    Please note that it might not be possible for us to deliver to some locations. If this is the case we will inform you using the contact details that you provided us when you placed your order, and arrange for cancellation of the order or delivery to an alternative delivery address.

6.6    We deliver in our standard packaging.  Any special packaging requested by you is subject to additional charges.

6.7    All risk in the product shall pass to you upon delivery, except, where delivery is delayed due to a breach of your obligations under a contract, risk shall pass at the date when delivery would have occurred, but for your breach.  From the time when risk passes to you, we will not be liable for loss or destruction of the product.

6.8    You must take care when opening the product so as not to damage it, particularly when using any sharp instruments.

6.9    You shall ensure that you are ready for safe receipt of the product without undue delay and at any reasonable time specified by us.

6.10  If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within two weeks of our first attempt to deliver the product to you) accept delivery or collect the product from the carrier, then we may (without affecting any other right or remedy available to us) do either or both of the following:

  1. Charge you for our reasonable storage fee and other reasonable costs incurred by us, or
  2. No longer make the product available for delivery or collection and notify you that we are immediately cancelling the applicable contract in which case we will refund to you or your credit or cheque card company as applicable any money already paid to us under the applicable contract, less our reasonable administration charges (including for attempting to deliver and then returning the product, and any storage fees as provided for in clause 6.11 (a) above.

6.11  It is your responsibility to ensure that the products are sufficient and suitable for your purposes and meet your individual requirements.  We do not warrant that the products will meet your individual requirements.  You acknowledge that the products are standard and not made bespoke to fit any particular requirements that you may have.

6.12  A delivery fee will be charged on all orders:

  1. The cost of the delivery will depend on the delivery address
  2. A courier surcharge may also be levied depending on the delivery address and is within the courier’s discretion.
  3. Please note that delivery fees and cash handling fees are non-refundable.
6.13 Delivery time subject to stock availability.  Additional working days for delivery from/in regional areas.

 

7.      CANCELLATION

 

7.1    We reserve the right, for purposes of suspected fraud, to refuse to accept or process payment on any order, and/or to cancel any sale concluded between you and Tekkie Town, in whole or in part, if the product is not available for any reason.  We will notify you if this is the case and return any payment that you have made, and accept no liability which may arise as a result of such refusal to process any order/sale.

7.2    We will usually refund any money received from you using the same method originally used by you to pay for the product.

 

8.      CANCELLATION BY CUSTOMER (NON-FAULTY PRODUCT)

 

8.1    You are entitled to cancel your order for the goods, without penalty, within 7 days of the goods having been delivered to you. In such an event -

  1. you will receive a full refund of the purchase price within 30 days of the date of cancelling this agreement;
  2. you undertake not to use the goods;
  3. your agreement of purchase will be deemed to have been cancelled.

8.2    The Company will deliver the goods to you as soon as reasonably possible, but no later than 30 days of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the goods during the Delivery Period. You may then, within 7 days of receiving such notification, elect whether or not to proceed with your order for the goods. If you elect not to proceed with your order, we will reimburse you with the purchase price within 30 days of having informed you that we are not able to deliver the goods during the Delivery Period.

8.3    No cancellation fees shall apply.

 

9.      FAULTY PRODUCTS

 

9.1     We warrant that:

  1. The product will be delivered undamaged in the quantities ordered, and
  2. The product will conform to the manufacturer’s latest published instructions as set out on the Site or in our product material at the time of your order.

9.2     The product is intended to be used strictly in accordance with the manufacturer’s latest published instructions as set out on the Site or as on the product itself.  It is your responsibility to ensure that you use the product strictly in accordance with these instructions.

9.3     Before delivery, we may make minor adjustments to material colour weight measurements design and other features to the extent that they are reasonable.

9.4     We try very hard to deliver products in excellent condition.  However, if you tell us that the product is faulty, you agree to keep the product in its current condition available for us (or our agent) to inspect within a reasonable time.

9.5     In order to provide you with any remedies for a faulty product we may need your assistance and prompt provision of certain information regarding the product, including:

  1. You specifying with reasonable detail the way in which it is alleged that the product is damaged or defective and;
  2. You provide us with the delivery note number and such other information as we reasonably require.

9.6    If you would like us to repair, replace or provide a refund for the product where it did conform to the contract, and we find that the product has:

  1. been misused, abused or subjected to neglect, improper or inadequate care, carelessness, damage or abnormal conditions, or
  2. been involved in an accident or damage caused by an incorrect attempt at modification or repair, or
  3. been dealt with or used contrary to our or the manufacturer’s instructions for the product, or
  4. deteriorated through normal wear and tear,

after delivery by us, we may at our discretion decide not to repair, replace or refund you for the product, and/or we may require you to pay all reasonable carriage costs and servicing costs at our current standard fees and costs and charge this to your credit or cheque card, or the payment details that you provided to us when you placed your order, and, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses as a result.

 

10.    LIMITATION OF LIABILITY

 

10.1  This clause 10 prevails over all other clauses and sets forth our entire liability, and your sole and exclusive remedies for:

  1. The performance, non-performance, purported performance or delay in performance of these Terms and Conditions or a contract or the Site (or any part of it or them), or
  2. Otherwise in relation to these Terms and Conditions, or the entering into, or performance of these Terms and Conditions.

10.2  THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL INJURY, LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, ANY MATERIAL OR CONTENT CONTAINED IN, OR INABILITY TO USE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.

10.3  YOU HEREBY INDEMNIFY THE COMPANY AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.

 

 

11.    SECURITY

 

11.1  Any person that delivers, or attempts to deliver any damaging code to this Site or attempts to gain unauthorised access to any page on this Site, shall be prosecuted and civil damages shall be claimed in the event that Tekkie Town suffers any damage or loss.

11.2   You agree and warrant that your log-in name and password shall:

  1. Be used for your personal use only; and
  2. Not be disclosed to any third party.

11.3  You allow Tekkie Town to take all reasonable steps to ensure the integrity and security of the Site and back-office applications.

11.4  All payment related information are communicated over a Secure Socket Layer connection.

 

12.    GUARANTEE AND COMPLAINTS MANAGEMENT

 

12.1  We shall perform our obligations under these Terms and Conditions with reasonable skills and care.

12.2  We place great value on our customer satisfaction.  You may contact us at any time using the contact details given in clause 1.1 of these Terms and Conditions.  We will attempt to address your concerns as soon as reasonably possible and will contact you on receipt of any relevant enquiry or complaint. In guarantee cases, we would need to involve the manufacturer, hence it may take longer to resolve such an enquiry of complaint.

12.3  In the event of a complaint, it will help us if you can describe the object of your complaint as accurately as possible and, where applicable, send us copies of the order or at least the order number that we assign you in the Acknowledgement or confirmation of Order.  Should you not have received any reaction from us within five business days, please make further enquiries and activate your “delivery report” function for email correspondence. In rare cases your email/s may be caught up in our spam filters, or not reach us, or correspondence that we sent to you may otherwise not have reached you.

 

13.    DATA PROTECTION

 

13.1  We respect your privacy. Should you decide to make use of our Website, the only personal information that we will require of you is the following -

  1. your name and surname;
  2. your email address;
  3. your physical address;

13.2  It is your responsibility to update any of your personal information that you provide to us as soon as it is no longer accurate and complete.

13.3  This Website makes use of “cookies” to automatically collect information and data through the standard operation of the Internet servers. “Cookies” are small text files a website can use to recognize repeat users, facilitate the user’s ongoing access to and use of a website and allow a website to track usage behaviour and compile aggregate data that will allow the website operator to improve the functionality of the website and its content. The type of information collected by cookies is not used to personally identify you. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature. Please note however that cookies may be necessary to provide you with certain features available on our Website, and thus if you disable the cookies on your browser you may not be able to use those features, and your access to our Website will therefore be limited.

13.4  You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.

13.5  The purposes for which we will use your personal information are as follows: to contact you regarding current or new products or services, to inform you of new features, special offers and promotional competitions (provided you have consented to receiving such marketing material), and to improve your experience on our Website by, inter alia, monitoring statistical non-personal browsing habits, and to transact with us.

13.6  The Company will not use your personal information for any purpose (other than as stated above) without your express consent. We will not use or disclose your personal information to third parties without your consent, unless the use or disclosure is -

  1. required in order to comply with applicable law, order of court or legal process served on the Company; and/or
  2. disclosure is necessary to protect and defend the rights or property of the Company.

13.7  We will be entitled to disclose your personal information to those of our employees and/or third party service providers who assist us to interact with you via our Website or email, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently. We will ensure that all such employees and/or third party service providers having access to your personal information are bound by appropriate and legally binding confidentiality and non-use obligations in relation to your personal information.

13.8  We will -

13.8.1treat your personal information as strictly confidential;

13.8.2take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;

13.8.3promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;

13.8.4provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and

13.8.5upon your request, promptly return or destroy any and all of your personal information in our possession or control.

13.9  We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.

13.10 If you disclose your personal information to a third party, such as an entity which operates a website, linked to this Website or anyone other than the Company, THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED BY YOU AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION TO THE THIRD PARTY. This is because we do not regulate or control how that third party uses your personal information. You should always ensure that you read the privacy policy of any third party.

 

14.    CIRCUMSTANCES BEYOND OUR CONTROL (FORCE MAJEUR CLAUSE)

 

14.1  We shall not be liable to you for any breach, hindrance or delay in the performance of a contract, attributable to any cause beyond our reasonable control, including without limitation, any natural disaster and unavoidable incident, actions of third parties (including without limitations hackers, suppliers, governments, quasi-governmental, supra-national or local authorities) insurrection not civil commotion, war, hostilities, warlike operations, national emergencies, terrorism, piracy, arrests, restraints or detainments of any competent authority, strikes or combinations or lock-out of workmen, epidemic, fire, explosion, storm, flood, drought, weather conditions, earthquakes, natural disaster, accident, mechanical breakdown, third party software failure or problems with public utility supplies (including electrical, telecoms or internet failure), shortage of or inability to obtain supplies, materials, equipment, or transportation (“Event of Force Majeure”) regardless of whether the circumstances in question could have been foreseen.

14.2  This Website may contain links or references to other websites (“Third Party Websites“) outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and the Company is not responsible for the practices and/or privacy policies of those Third Party Websites or the cookies that those sites may use.

14.3  Notwithstanding the fact that this website may refer to or provide links to third party websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites, or your reliance on any information contained thereon.

14.4  Either party may terminate a contract forthwith by written notice to the other in the event that the Event of Force Majeure lasts for a period of two business days or more, in which event neither party shall be liable to the other by reason of such termination (other than for the refund of a product already paid for by you and not delivered).

14.5  If we are contracted to provide identical or similar products to more than one customer and are prevented from fully meeting our obligations to you by reason of an Event of Force Majeure, we may decide at our absolute discretion which contracts we will fulfill and to what extent.

 

15.    NOTICES

 

15.1  Any notice under a contract shall be in writing and may be served by personal delivery or by pre-paid registered letter or by email addressed to the relevant party at the address or email address provided.

15.2  Receipt of notices will be treated as stated in clause 19.2.

 

16.    BREACH

 

16.1  If any party (“Defaulting Party“) breaches any of these Terms and Conditions and fails to remedy such breach within 14 (fourteen) days of receipt of notice to remedy the breach, the aggrieved party shall be entitled to claim specific performance or cancel this agreement forthwith upon written notice to the defaulting party, without prejudice to its right to recover:

  1. any amounts that may be due to it in terms of this agreement; and
  2. any loss or damage suffered as a consequence of the breach or the cancellation of this agreement.

 

17.    GOVERNING LAW AND JURISDICTION

 

17.1  This Site is hosted, controlled and operated from the Republic of South Africa and is therefore governed by South African law and subject to clause 18 of these Terms and Conditions. The contracting parties submit to the non-exclusive jurisdiction of the South African courts.

 

18.    DISPUTES

 

Save for urgent or interim relief, which may be granted by a competent court, in the event of any dispute of any nature whatsoever arising between the parties on any matter provided for in, or arising out of these Terms and Conditions, and not resolved through the Customer Care Department of Tekkie Town, then such dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa.  The expedited arbitration rules may be downloaded from the Arbitration Foundation of South Africa: http//www.arbitration.co.za/downloads/expedited.rules.pdf. 

 

19.    ADDRESS OF NOTICES

 

19.1  Tekkie Town chooses as its address for all purposes under these Terms and conditions whether in respect of court process notices or other documents or communication of whatsoever nature the following address: PO Box 678, George, 6530. A copy should be sent to customercare@tekkietown.co.za. The sending of such a copy being required in order for any notice to be validly delivered to Tekkie Town.

19.2  You hereby select the address specified on the Goods order form as your domicilium. Either party may change its domicilium to any other physical address by not less than 7 days’ notice in writing to the other party. Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent -

  1. by hand, will be deemed to have been received on the date of delivery;
  2. by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
  3. by telefax before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the telefax. All telefaxes sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day; and
  4. by email will be deemed to have been on the date indicated in the “Read Receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN THE PARTIES MUST MAKE USE OF THE “READ RECEIPT” FUNCTION to serve as proof that an email has been received.

 

20.    ADVERTISING ON THE SITE

 

20.1  We shall use our reasonable endeavours to comply with any relevant regulations relating to this Site published by the Advertising Standards Authority.  All photography is for illustrative purposes only and specific styles are not necessarily stocked.

 

  1. 21.    GENERAL

 

21.1  These Terms and Conditions shall commence from the date on which they are published on the Site and continue indefinitely as amended by Tekkie Town from time to time or for so long as the Site exists and is operational and being entitled to terminate these Terms and Conditions and/or shut down the Site at any time (subject to still processing any orders then already placed and accepted by Tekkie Town).  However for your future reference we advise you to print and keep a copy of these Terms and Conditions, your order, the Acknowledgement and the Confirmation of Order.

21.2  No failure or delay by the parties in exercising any right under these Terms and Conditions or a contract shall operate as a waiver of such right. or extend to, or affect any other, or subsequent event, or impair any right, or remedies in respect of it, or in any way modify or diminish the parties’ rights under these Terms and Conditions or a contract.

21.3  If any clause in these Terms and Conditions or a contract, shall become or shall be declared by any court of competent jurisdiction, to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which, shall remain in full force and effect so long as these Terms and Conditions or a contract shall be capable of continuing in effect without the unenforceable term.

21.4  You shall not assign, transfer, notate, charge, sub-contract, create any trust over, or deal in any other manner with these Terms and Conditions or a contract or all or any of your rights or obligations under these Terms and Conditions or a contract.

21.5  Nothing in these Terms and Conditions or a contract, shall create or be deemed to create a partnership, an agency, or an employer/employee relationship between the parties.

21.6  No person, who is not a party to these Terms and Conditions or a contract, shall acquire any rights under it, or be entitled to benefit from any of its terms even if that person has relied on any such term, or has indicated to any party to these Terms and Conditions or the contract, its assent to any such term.

21.7  A full record of every sale and related transaction between the parties shall be maintained on the Site for a period of 12 months following the date of such sale or related transaction. You shall thus only be able to view and print such record during such period where after you shall be responsible for retaining your own record of the relevant sale or related transaction.

21.8  Any and all copyright subsisting in the Website including these Terms and Conditions vests in Tekkie Town and all rights not expressly granted are reserved.

21.9  When you visit the Site or send e-mails to Tekkie Town you consent to receiving communications from Tekkie Town electronically and agree that all agreements, notices, disclosures and other communications sent by Tekkie Town satisfy any legal requirements including but not limited to the requirement that such communications should be in writing.

21.10 These Terms and Conditions are subject to the provisions of the Electronic Communications and Transactions Act no 25 of 2002 (the Act) and any of the Terms and Conditions that are in conflict with any of the compulsory provisions of the Act will be deemed to have been modified so as to comply with such provisions of the Act.

 

22.    AMENDMENT TO THE GENERAL BUSINESS TERMS AND CONDITIONS

 

22.1  We reserve the right to amend these Terms and Conditions at any time.  All amendments to these Terms and Conditions will be posted on-line.  It is your responsibility to ensure that you are satisfied with the amendments.  Should you not be satisfied with the amendments you must refrain from placing any further orders on or from using it in any way, (the Site) as continued use of the Site will be deemed to constitute acceptance of the new Terms and Conditions.

 

23.    DISCLAIMER

 

23.1  Save for Tekkie Town being liable to you:

a)      Under the Consumer Protection Act 68 of 2008 (“CPA”) in relation to any products sold by Tekkie Town to you via the Site; and

b)      Under sections 43(5) and 43(6) of the ECT Act in relation to the Tekkie Town payment systems not being sufficiently secure.

Neither Tekkie Town 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 Site, the services, or content provided from and through this Site.  Furthermore, Tekkie Town 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 be 100% uninterrupted and error free.  You are encouraged to report any possible malfunctions and errors to customercare@tekkietown.co.za.

23.2  Although the products sold via the Site may be under warranty, the Site 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 Terms and Conditions that the service available from and through this Site will meet your individual requirements and be compatible with your hardware and/or software. Information, ideas and opinions expressed on this Site should not be regarded as professional advice or the official opinion of Tekkie Town, and you are encouraged to seek professional advice before taking any course of action related to information, ideas or opinions expressed on this Site.

23.3  The Company does not accept any responsibility for any errors or omissions on this Website.

23.4  In addition to the disclaimers contained elsewhere in these Terms and Conditions, the Company also makes no warranty or representation, whether express or implied, that the information or files available on this Website are free of viruses, spyware, malware, Trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise or jeopardise the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way.