By accessing or using any functionality on this website ("the site") you, the customer, enters into the following agreement with Simply IT ("we" or "us"): Although our site is set up to confirm receipt of your order (" confirmation "), technical or other problems may delay or prevent such confirmation. If you have not received confirmation from us shortly after sending your order you should contact us immediately. DO NOT re-submit your order as this may lead to a duplicate transaction for which you will remain liable. If you place your order via another site you should ensure that you have received Confirmation from us. Confirmation does not mean that a transaction has been concluded it merely serves to confirm that your order has been received by us. A transaction is only concluded once we have shipped the goods to your specified address on receipt of payment. We reserve the right to verify your identity and to conduct credit checks. Payment. Unless otherwise specified you are entitled to make use of any of the payment methods stipulated on the site from time to time. We are not a provider of payment methods and cannot be held liable for the products or services offered by third parties in this regard. Delivery. Delivery will take place in the areas and according the time periods and prices specified in the delivery policy available on the site from time to time. The delivery periods are given as estimates only and we will not be held liable if the delivery is delayed for whatever reason. All the risks in the product will pass to you when the product is delivered to you but the ownership in the product will only pass to you once you have paid the purchase price for the product. Availability of products. You accept that the display of products is not necessarily a guarantee of the availability of a product and that certain products may not be in stock at the time of submitting your order and delivery may therefore be delayed. However, such delays shall not entitle you to withdraw your order unless we agree with you in writing that the duration of delay is unreasonable. Right of withdrawal. The provisions of this clause 8 shall only become operative on enactment of the Electronic Communications and Transactions Act, 2001 (" the ECT Act "). If you qualify as a consumer as defined in the ECT Act, you may cancel the transaction at any time within 8 days of date of receipt of the product and receive a refund of the purchase price paid. To do this, you must inform us in writing and return the products without delay, in the same condition and packaging you received them and at your own cost and risk. You will, however, not be entitled to exercise the above right of withdrawal in respect of a transaction : (a) for the provision of services if performance has begun, with your consent, before the end of the seven day period referred to above; (b) for the supply of goods or services the price of which is dependent on fluctuations in the financial market which cannot be controlled by us; (c) for the supply of goods made to your specifications or clearly personalized or which, by reason of their nature, cannot be returned or are liable to deteriorate or expire rapidly; (d) for the supply of audio or video recordings or computer software which were unsealed by you; or (e) for the supply of newspapers, periodicals and magazines. Returns, refunds and exchanges. Subject to the provisions of clause 8, your return of goods will be governed by the returns, refund and exchange policy made available on the site from time to time. Please note that if you return goods you will still have to pay for the shipping costs. Deemed originator. You warrant to us that: all your given details are true and correct; you are legally capable of concluding the transaction and you have read, understood and accepted the terms of this agreement. As it is impossible for us to verify the originator of an instruction, you hereby authorise us to act on any instruction purporting to originate from you, even if it transpires that both of us been defrauded by someone else, unless you have informed us to the contrary prior to us acting on a fraudulent instruction. Availability of site. Simply IT may, in its sole discretion, at any time suspend or terminate the operation of the site or any of the services provided via the site or advertised on the site, without prior notice to you and without the need to provide you with reasons. Exclusion & limitation of liability - NEITHER SIMPLY IT, ITS HOLDING COMPANY, ITS SUBSIDIARIES, ASSOCIATES, AFFILIATES OR THEIR SHAREHOLDERS, CONSULTANTS OR EMPLOYEES WILL BE LIABLE FOR ANY DAMAGES RELATING TO THE USE OF THIS SITE, IRRESPECTIVE OF THE CAUSE OF YOUR LOSS. WITHOUT AFFECTING THE FOREGOING, WE ARE NOT BE LIABLE FOR: (A) ANY INTERRUPTION; MALFUNCTION; DOWNTIME OR OTHER FAILURE OF THE SITE, COMPUTER SYSTEMS FOR WHATEVER REASON; (B) ANY INTERRUPTION, MALFUNCTION, DOWNTIME OR OTHER FAILURE OF GOODS OR SERVICES PROVIDED BY 3RD PARTIES, INCLUDING, WITHOUT LIMITATION, PUBLIC SWITCHED TELECOMMUNICATION SERVICE PROVIDERS, INTERNET SERVICE PROVIDERS, ELECTRICITY SUPPLIERS, LOCAL AUTHORITIES AND CERTIFICATION AUTHORITIES; OR (C) AN EVENT OF FORCE MAJEURE OR ANY OTHER EVENT OVER WHICH WE HAVE NO DIRECT CONTROL. Intellectual property Linking to 3 rd party sites No representations or warranties Right to amend this agreement General Severability: : If any of the provisions of these online terms are not fully enforceable for any reason, the remainder will nevertheless continue to apply. Jurisdiction and governing law: Unless otherwise specified, the goods and services offered on this site are intended for citizens of the Republic of South African only. The online terms shall be governed by and interpreted according to the laws of the Republic of South Africa without giving effect to any principles of conflict of law. Notices and address for service: For purposes of these online terms Simply IT will receive legal service of any formal notices or court process at the physical address specified on its website from time to time and you agree to receive same at your specified address. |