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Terms & Conditions
Please read these terms of sale carefully before placing your order and retain a
copy of these terms and your order for future reference
Format of the Contract
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1.1 |
These terms of sale apply to all goods supplied by Evetech Solutions, whose registered
office is at 225 Vermeulen Street Shop No 1 Pretoria CBD (the "Supplier"). |
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1.2 |
No contract exists between you and the Supplier for the sale of any goods until
the Supplier has received and accepted your order and the Supplier has received
payment in full (in cleared funds). Once the Supplier does so, there is a binding
legal contract between us. |
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1.3 |
By way of clarification, an acknowledgement of your order will be sent to you via
e-mail when you place your order, but acceptance of your offer to buy the goods
will not take place until after your payment is taken and you receive your acceptance
e-mail. It is at this point that a binding legal contract is created and any contract
is subject to these Terms and Conditions. |
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1.4 |
The contract is subject to your right of cancellation (see below). |
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1.5 |
The Supplier may change these terms of sale without notice to you in relation to
future sales. |
Description and price of the goods
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2.1 |
The description and price of the goods you order will be as shown on the Supplier´s
website at the time you place your order. |
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2.2 |
The goods are subject to availability. If on receipt of your order the goods you
have ordered are not available in stock, the Supplier will inform you as soon as
possible and refund or re-credit you for any sum that has been paid by you or debited
from your credit card for the goods. |
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2.3 |
Every effort is made to ensure that prices shown on the Supplier´s website are accurate
at the time you place your order. If an error is found, the Supplier will inform
you as soon as possible and offer you the option of reconfirming your order at the
correct price, or cancelling your order. If the Supplier does not receive an order
confirmation within 14 days of informing you of the error, the order will be cancelled
automatically. If you cancel the order, or if the order is cancelled automatically
due to the expiry of the 14 day period, the Supplier will refund or re-credit you
for any sum that has been paid by you or debited from your credit card for the goods. |
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2.4 |
In addition to the price, you may be required to pay a delivery charge for the goods. |
Payment
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3.1 |
Payment for the goods and delivery charges can be made by any method shown on the
Supplier´s website at the time you place your order. Payment shall be due before
the delivery date and time for payment shall be a fundamental term of this agreement,
breach of which shall entitle the Supplier to terminate the contract immediately. |
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3.2 |
There will be no delivery until cleared funds are received. |
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3.3 |
Payments shall be made by you without any deduction whatsoever unless you have a
valid court order requiring an amount equal to such deduction to be paid by the
Supplier to you. |
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Delivery
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4.1 |
The goods you order will be delivered to the address you give when you place your
order, except that some deliveries are not made outside the United Kingdom. |
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4.2 |
Orders placed before 3.00 pm on a working day will be processed that day and will
be delivered as per the requested delivery option provided no additional security
checks are required and all stock items are available. (A working day is any day
other than weekends and bank or other public holidays.) |
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4.3 |
If delivery cannot be made to your address for reasons under the Supplier´s control
the Supplier will inform you as soon as possible. |
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4.4 |
If you deliberately fail to take delivery of the goods (otherwise than by reason
of circumstances under control of the Supplier) then without prejudice to any other
right or remedy available to the Supplier , the Supplier may:
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4.4.1 |
Store the goods until actual delivery and charge you for reasonable costs (including
insurance) of storage; or |
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4.4.2 |
Sell the goods at the best readily obtainable price and (after deducting all reasonable
storage and selling expenses) account to you for any excess over the price you agreed
to pay for the goods or charge you for any shortfall below the price you agreed
to pay for the goods. |
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4.5 |
If you fail to take delivery because you have cancelled your contract under the
Distance Selling Regulations the Supplier shall refund or re-credit you within 30
days for any sum that has been paid by you or debited from your credit card for
the goods. On exercising your right to cancel you shall be required to return the
goods to the Supplier. Should you fail to return the goods, the Supplier reserves
the right to deduct any direct costs incurred by the Supplier in retrieving the
goods as a result of such failure. |
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4.6 |
Every effort will be made to deliver the goods as soon as possible after your order
has been accepted. However, the Supplier will not be liable for any loss or damage
suffered by you through reasonable or unavoidable delay in delivery. In this case,
the Supplier will inform you as soon as possible. |
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4.7 |
Upon receipt of your order you will be asked to sign for the goods received in good
condition. If the package does not appear to be in good condition then please refuse
the delivery. If you are unable to check the contents of your delivery at the point
of delivery then please sign for the parcel as "UNCHECKED". Failure to do so may
affect any warranty claims that you make thereafter. |
Risk/Title
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5.1 |
The goods are at your risk from the time of delivery. |
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5.2 |
Ownership of the goods shall not pass to you until the Supplier has received in
full (in cash or cleared funds) all sums due to it in respect of:
5.2.1 the goods, and
5.2.2 all other sums which are or which become due to the Supplier from you on any
account. |
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5.3 |
The Supplier shall be entitled to recover payment for the goods even though ownership
of any of the goods has not passed from the Supplier. |
Title for Business Customers
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6.1 |
If you are a business customer until ownership of the goods has passed to you, you
must:
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6.1.1 |
store the goods (at no cost to the Supplier) separately from all your other goods
and goods of any third party in such a way that they remain readily identifiable
as the Supplier´s property; |
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6.1.2 |
Not destroy, deface or obscure any identifying mark or packaging on or relating
to the goods; maintain the goods in satisfactory condition and keep them insured
on the Supplier´s behalf for their full price against all risks to the reasonable
satisfaction of the Supplier. On request you shall produce the policy of insurance
to the Supplier; and
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6.1.3 |
hold the proceeds of the insurance referred to in condition 6.1.2 on trust for the
Supplier and not mix them with any other money, nor pay the proceeds into an overdrawn
bank account. |
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6.2 |
If you are a business customer your right to possession of the goods shall terminate
immediately if:
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6.2.1 |
you have a bankruptcy order made against you or make an arrangement or composition
with your creditors, or otherwise take the benefit of any statutory provision for
the time being in force for the relief of insolvent debtors, or (being a body corporate)
convene a meeting of creditors (whether formal or informal), or enter into liquidation
(whether voluntary or compulsory) except a solvent voluntary liquidation for the
purpose only of reconstruction or amalgamation, or have a receiver and/or manager,
administrator or administrative receiver appointed of its undertaking or any part
thereof, or a resolution is passed or a petition presented to any court for your
winding up or for the grant-ing of an administration order in respect of you, or
any proceedings are commenced relating to your insolvency or possible insolvency;
or |
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6.2.2 |
you suffer or allow any execution, whether legal or equitable, to be levied on your
property or obtained against you or you are unable to pay your debts. |
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6.1.3 |
you encumber or in any way charge any of the goods. |
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Your right of cancellation
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7.1 |
You have the right to cancel the contract at any time up to the end of 7 working
days after you receive the goods (see below). This right may only be exercised if
the packaging is not opened and the good are returned unused. |
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7.2 |
To exercise your right of cancellation, you must give written notice to the Supplier
by hand, post or the email / contact us section of our website, giving details of
the goods ordered and (where appropriate) their delivery. Notification by phone
is not sufficient. |
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7.3 |
If you exercise your right of cancellation after the goods have been delivered to
you, you will be responsible for returning the goods to the Supplier at your own
cost. The goods must be returned after prior arrangement to the address stated in
the Contact Us section of the website. You must take reasonable care to ensure the
goods are not damaged in the meantime or in transit. |
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7.4 |
Once you have notified the Supplier that you are cancelling the contract, the Supplier
will refund or re-credit you within 30 days for any sum that has been paid by you
or debited from your credit card for the goods. In all cases, as per Distance
Selling regulation we will deduct the delivery / carriage costs from the refund
amount. You must return the goods to us at your own expense using an insured courier
service. There will be a charge of R 200, if you would like us to collect the goods
via our own courier instead of sending the items yourself.. Such refund will be
made after deducting reasonable costs for services rendered such as postage costs,
credit card processing charges, and PC assembly costs (in the case of custom built
computers). |
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7.5 |
Except in the case of faulty or mis-described goods, if you do not return the goods
as required, the Supplier may charge you a sum not exceeding the direct costs of
recovering the goods. |
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7.6 |
You do not have the right to cancel the contract if the order is for computer software
which has been unsealed by you, or for consumable goods which, by their nature,
cannot be returned, save where a fault is discovered which could not have been discovered
otherwise than by unsealing the goods. Custom PC systems that are built to customer
specifications and the following cancellation charges apply:
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Stage |
Custom Build and built-to-order |
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Paperwork Stage (within 48 hours of placing the order)
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higher of R 2,000 or 5% of Invoice Value |
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Components Allocated and Build has commenced |
higher of R 5,000 or 10% of Invoice Value |
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Build has been completed |
higher of R 7,500 or 15% of Invoice Value |
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Item despatched, received and in use by customer |
higher of R 10,000 or 25% of Invoice Value |
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7.7 |
Once you confirm your order as correct a standard cancellation fee will be at the
expense of the customer. |
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7.8 |
An order cancelled in transit will incur the standard cancellation fee plus additional
transit costs at the expense of the customer. |
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7.9 |
In the event of an order returned due to non-delivery, the transit costs will be
at the expense of the customer. |
Warranty
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8.1 |
All goods supplied by the Supplier are warranted free from defects for 12 months
from the date of invoice. This warranty does not affect your statutory rights as
a consumer.
Where goods are provided with a warranty period greater than 12 months, the first
12 months of the warranty covers all parts and labour costs, where as any subsequent
period of the warranty cover only relates to labour costs only. e.g. If a product
is sold with a 3 year warranty, the first 12 months covers parts and labour, and
the next 24 months covers labour costs only.
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8.2 |
This warranty does not apply to any defect in the goods arising from fair wear and
tear, wilful damage, accident, negligence by you or any third party, use otherwise
than as recommended by the Supplier, failure to follow the Supplier´s instructions,
or any alteration or repair carried out without the Supplier´s approval. |
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8.3 |
If the goods supplied to you are damaged on delivery, you should notify the Supplier
in writing via the Contact Us section of the website within 48 hours of delivery. |
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8.4 |
If the goods supplied to you develop a defect while under warranty or you have any
other complaint about the goods, you should notify the Supplier in writing via the
Contact Us section of the website, as soon as possible, but in any event within
3 days of the date you discovered or ought to have discovered the damage, defect
or complaint. Failure to do so will mean that the said defect occurred at the time
when it is actually reported to us. |
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8.5 |
All TFTS supplied by Evetech Solutions come with no direct Warranty from Evetech.
There is a 3 year warranty on TFT's provided directly from the supplier. This warranty
is provided by the manufacturer and not by Evetech Solutions. Like all online computer
suppliers Evetech Solutions will not entertain any warranty issues regarding dead
pixels. These issues must be dealt with directly with the manufacturer and the manufacturer’s
decision will be final in all cases. All TFT Monitors sold by Evetech Solutions
fit ISO13406-2 Spec in Class II. Class II is the common class for consumer equipment. |
Limitation of Liability
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9.1 |
Subject to 9.2 below, if you are a consumer the Supplier shall not be liable to
you for any loss or damage in circumstances where:
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9.1.1 |
There is no breach of a legal duty owed to you by the Supplier or by its employees
or agents;
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9.1.2 |
Such loss or damage is not a reasonably foreseeable result of any such breach;
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9.1.3 |
Any increase in loss or damage resulting from breach by you of any term of this
contract.
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9.2 |
Nothing in these conditions excludes or limits the liability of the Supplier for
death or personal injury caused by the Supplier´s negligence or fraudulent misrepresentation. |
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9.3 |
If you are a business customer the Supplier shall not be liable to you for any indirect
or consequential loss or damage (whether for loss of profit, loss of business, depletion
of goodwill or otherwise), costs, expenses or other claims for consequential compensation
whatsoever (howsoever caused) which arise out of or in connection with this agreement. |
Data Protection
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10.1 |
The Supplier will take all reasonable precautions to keep the details of your order
and payment secure but unless the Supplier is negligent, the Supplier will not be
liable for unauthorised access to information supplied by you. |
Images
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11.1 |
Product images are for illustrative purposes only and may differ from the actual
product.
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