PLEASE READ THESE TERMS AND CONDITIONS OF SUPPLY CAREFULLY BEFORE ORDERING.  YOU SHOULD UNDERSTAND THAT BY ORDERING ANY OF OUR PRODUCTS, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS

BY CLICKING ON THE BUTTON MARKED “I ACCEPT”, "SUBSCRIBE", OR “GO TO CHECKOUT” OR BY CLICKING THE “PROCEED TO CHECKOUT” OR “CREATE AN ACCOUNT” OR ANY SIMILAR BUTTON, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND AND AGREE TO THESE TERMS OF SUPPLY.  PLEASE UNDERSTAND THAT IF YOU REFUSE TO ACCEPT THESE TERMS AND CONDITIONS, YOU WILL NOT BE ABLE TO ORDER ANY PRODUCTS FROM OUR SITE.

 

1. CRM Technology provides delivery in various modes, including:
1.1. may limit the risk or liability of CRM Technology; and/or
1.2. may create risk or liability for the user; and/or
1.3. may compel the user to indemnify CRM Technology or a third party; and/or
1.4. serves as an acknowledgement, by the user, of a fact.
2. Delivery by Courier appointed by you: You as the consumer may appoint a courier or collection agency of your choice to collect your order.
3. CRM Technology shall under no circumstances be liable for any costs as a result of this and no risk shall vest in CRM Technology once your order is handed over to such courier or agent.
4. Delivery by Courier appointed by CRM Technology: Delivery will take place at the address you provide when placing your order, save where the delivery is to be made outside the borders of the Republic of South Africa.
5. Should you deliberately fail to take delivery of goods ordered, and without prejudice to any other right or remedy that CRM Technology shall have, CRM Technology may:
5.1. Store the goods until actual delivery and charge you for reasonable costs, including insurance and storage.
5.2. Sell the goods at the best available price and (after deducting all reasonable expenses incurred by CRM Technology) account to you for any excess over the agreed selling price or charge you for any shortfall below agreed selling price.
6. If delivery cannot be made at your address for reasons under CRM Technology’s control, CRM Technology will inform you as soon as reasonably possible.
7. Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, CRM Technology will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, CRM Technology will inform you as soon as possible of any delays.
8. Upon receipt of your order, you will be asked to sign for the goods confirming that the goods are delivered in a good condition:
8.1. If the package does not appear to be in good condition, please refuse the delivery.
8.2. 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.
9. Timelines provided for deliveries are merely a guideline, as CRM Technology are reliant on the use of couriers:
9.1. CRM Technology shall not be held liable for any delays occasioned by the actions of any courier company once the parcel has been handed over to a courier for delivery to the customer. Concerns about delivery times and/or delays must be escalated to the relevant courier company.
10. CRM Technology shall in no way be liable for orders shipped or delivered to incomplete or incorrect delivery addresses supplied by the customer. Any additional fees for such orders will be for the account of the customer and not CRM Technology.
11. Parcels and orders will only be dispatched once payment has been received in full and it is reflected in CRM Technology’s bank account where payment is made by way of EFT or bank deposit.
12. Where a customer provides incorrect or incomplete delivery information, the customer will be liable for any additional costs that CRM Technology may incur in this regard.
13. Should a customer change their address after acceptance of an order, or in any way commit any act that results in increased costs for CRM Technology, the customer acknowledges his/her/its liability for the additional costs.
14. Free delivery only applies to main centres (calculated based on the postal code and suburb). A delivery charge may be added to deliveries not listed as main centres. Delivery charges can be calculated prior to order completion.

HOW WE MAY USE YOUR PERSONAL INFORMATION

We will process your Personal Information in accordance with our Privacy Policy.

FORCE MAJEURE

We will not be liable for any default or delay in the performance of our obligations under these Terms of Supply if, and to the extent that, such default or delay is caused by any act of God, war or civil disturbance, court order, or any other circumstance beyond our reasonable control including fluctuations in communications or utility services ("Circumstances of Force Majeure") and provided we are obviously without fault in causing such default or delay, and such default or delay could not have been prevented by us through the use of alternative sources, workaround plans or other means.

OTHER IMPORTANT ITEMS

1. We may transfer this Agreement to someone else: We may transfer our rights and obligations under these Terms of Supply to another organisation/ entity.

2. You need our consent to transfer your rights to someone else (except our guarantee which you can always transfer): You may only transfer your rights or your obligations under these Terms of Supply to another person if we agree to this in writing.

3. Nobody else has any rights under this contract: This Contract is between you and us. No other person shall have any rights to enforce any of its terms.

4. If a court finds any part of this Contract illegal, the rest will continue in force: Each of the paragraphs of these Terms of Supply operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

5. Even if we delay in enforcing this Contract, we can still enforce it later: If we do not insist immediately that you do anything you are required to do under these Terms of Supply, or if we delay in taking steps against you in respect of your breaking this Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not demand payment immediately, but we continue to provide the Product(s), we can still require you to make the payment at a later date.

6. Which laws apply to this contract and where you may bring legal proceedings: These terms are governed and construed by the laws of the Republic of South Africa. The Parties hereby consent in terms of section 45 of the Magistrate’s Courts Act, 1944 (Act No. 32 of 1944), (or any similar section of an Act replacing such Act) to the jurisdiction of any Magistrate’s Court in the Western Cape for the purpose of any proceedings in terms of or incidental to these Terms of Supply, notwithstanding that the amount claimed or the value of the matter in dispute may exceed such jurisdiction; provided that either Party shall, at its option, have the right to institute proceedings in the Western Cape High Court (Cape Town).

DEFINITIONS

1. Authorised User means a User, other than yourself, authorised by you to enter and submit your information, including Personal Information, on your behalf; 

2. Business Day means any day other than a Saturday, Sunday or an official public holiday within the Republic of South Africa;

3. Consumer shall have the same meaning attributed to it in terms of the CPA;

4. CPA means the Consumer Protection Act, Act 68 of 2008;

5. Data Messages shall have the same meaning attributed to it in terms of the ECT Act;

6. ECT Act means the Electronic Communications and Transactions Act, Act 25 of 2002;

7. Personal Information shall have the same meaning attributed to it in terms of the POPI Act; 

8. POPI Act means the Protection of Personal Information Act, Act 4 of 2013;

9. Premises Unit S31, Spearhead Business Park, Montague Gardens, Cape Town, 7441;

10. Products means the products available for purchase on our website, including, without limitation, notebooks, desktops, monitors, tablets, software, accessories, projectors, components, printers, consumables and all ancillary products;

11. Purchase Cycle means the process by which Products are selected from the website by you, added to the cart by you, processed and paid for by you;

12. Shopping Cart means an electronic tool where you may place one or more Products (which will stay there for a predetermined time), which Products will eventually make up your Purchase Order;

13. Users mean users of our website (including you); and

14. VAT means value added tax in terms of the Value Added Tax Act, Act 89 of 1981, as amended.