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          Conditions of Use

          Please read these terms of sale carefully before placing your order and retain a copy of these terms and your order for future reference

          1. Format of the Contract

          1.1

          These terms of sale apply to all goods supplied by Application Frameworks Pty Ltd (the "Supplier"), whose registered office is First Floor Riverside Place, South Gate, Tyger waterfront, Carl Cronje Drive, Bellville, 7530.

          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.

          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.

          1.4

          The contract is subject to your right of cancellation (see below).

          1.5

          The Supplier may change these terms of sale without notice to you in relation to future sales.
          1. Description and price of the goods

          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.

          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, or credit you for any sum that has been paid by you or debited from your credit card for the goods.

          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.

          2.4

          In addition to the price, you may be required to pay a delivery charge for the goods.
          1. Payment

          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.

          3.2

          There will be no delivery until cleared funds are received.

          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.
          1. Delivery

          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 of South Africa.

          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.)

          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.

          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:

          4.4.1

          Store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage; or

          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.

          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.

          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.

          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.

          4.8

          AFTER PICK UP: Please note once the courier picked up your parcel from us it’s out of our hands and we are not reliable for late deliveries. Please phone the courier company if you are worried about the delivery time or day.

          4.9

          The Supplier assumes no liability for orders shipped to incomplete or incorrect shipping addresses supplied by the customer. Any additional fees for such orders will be the responsibility of the customer.

          4.10

          Parcels will only be dispatched once payment reflects and has cleared in the bank account if paying by EFT or bank deposit.

          4.11

          The Supplier cannot be held liable for missing or damaged parcel in transit, or any delays caused by the couriers or any 3rd party.
          1. Risk/Title

          5.1

          The goods are at your risk from the time of delivery.

          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.

          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.
          1. Title for Business Customers

          6.1

          If you are a business customer until ownership of the goods has passed to you, you must:

          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;

          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

          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.

          6.2

          If you are a business customer your right to possession of the goods shall terminate immediately if:

          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 granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency; or

          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.

          6.2.3

          you encumber or in any way charge any of the goods.
          1. Your right of cancellation

          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.

          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 enough.

          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.

          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 100, 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 assembly costs.

          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.

          7.6

          You do not have the right to cancel the contract if the order is for goods 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.

          Devices that are built to customer specifications and the following cancellation charges apply:

          Stage

          Custom Build and built-to-order

          Paperwork Stage (within 48 hours of placing the order)             

          5% of Invoice Value

          Components Allocated and Build has commenced

          10% of Invoice Value

          Build has been completed

          15% of Invoice Value

          Item despatched, received and in use by customer

          25% of Invoice Value

          7.7

          Once you confirm your order as correct a standard cancellation fee will be at the expense of the customer.

          7.8

          An order cancelled in transit will incur the standard cancellation fee plus additional transit costs at the expense of the customer.

          7.9

          In the event of an order returned due to non-delivery, the transit costs will be at the expense of the customer.

          7.10

          A 20% handling fee will be charged on all returned items.
          1. Warranty

          8.1

          All goods supplied by the Supplier are warranted free from defects for Return to Base 6 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 6 months, the first 6 months of the warranty covers all parts and labour costs, whereas 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.

          As stated above we provide Return to base warranty which means, Customers are liable for the shipping charges for returning of faulty goods. Shipping charges will not be refunded.

          8.2

          We will not accept any item that has physical damage. Physical damage is any damage that is not caused by any normal wear and tear. If we receive an item that is physically damaged, it will be returned to the buyer at their expense. The most common forms of physical damage we receive are from returns caused by incorrect installation.

          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.

          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 reported to us.

          8.5

          All Promotional items do not carry any Warranty. The Supplier will not be held liable for any faults on these items, as they are provided as-is from the respective manufacturers.

          8.6

          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.

          8.7

          All Items sold only comes with 6 months warranty.
          1. Limitation of Liability

          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:

          9.1.1

          There is no breach of a legal duty owed to you by the Supplier or by its employees or agents;

          9.1.2

          Such loss or damage is not a reasonably foreseeable result of any such breach;

          9.1.3

          Any increase in loss or damage resulting from breach by you of any term of this contract.

          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.

          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.

           
          1. Data Protection

          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.
          1. Images

          11.1

          Product images are for illustrative purposes only and may differ from the actual product.
          1. Promotions

          12.1

          Promotional items are valid during specific promotional times, Promotional items will not be provided prior to their respected start dates. ALL promotions are valid while stocks last, should stock deplete during the promotional time, and regretfully will not be able to further fulfil promo give-aways. The Supplier cannot be held liable once stock has run out of promotional give-aways.

          12.2

          The Supplier reserves the right to amend or cancel the terms any Promotion at any time without prior notice.

          12.3

          The Supplier is NOT bound by and will be under NO liability for any statement or conflict with any promotion Terms and Conditions, including but not limited to, statements regarding hardware and software or key codes.

          12.4

          The Supplier is not responsible for lost, late, incomplete, invalid, altered, unintelligible or misdirected registration forms or submissions, which will be void. The Supplier is not responsible or liable for any technical, hardware, software, server, website, or other failures or damage of any kind to the extent that a Participant is prevented from participating in the Promotion.

          12.5

          The Supplier is not responsible for invalid, incorrect, or unreachable email addresses provided by a User.

           

           
          1. Social Media Competitions

          13.1

          The promoter is Application Frameworks Pty Ltd whose registered office is at First Floor Riverside Place, South Gate, Tyger waterfront, Carl Cronje Drive, Bellville, 7530.

          13.2

          All competitions are open to residents of South Africa aged 18 years or over except employees of Application Frameworks Pty Ltd and their close relatives and anyone otherwise connected with the organisation or judging of the competition.

          13.3

          There is no entry fee and no purchase necessary to enter the competition, otherwise specified.

          13.4

          By entering to competition, an entrant is indicating his/her agreement to be bound by these terms and conditions.

          13.5

          Only one entry will be accepted per person. Multiple entries from the same person will be disqualified.

          13.6

          Closing date for entry will be stipulated on the various social media channels. After this date the no further entries to the competition will be permitted. Promoter has right to cancel any entry.

          13.7

          No responsibility can be accepted for entries not received for whatever reason.

          13.8

          The rules of the competition and how to enter will be stipulated in the social media posts promoting the competition.

          13.9

          The promoter reserves the right to cancel or amend the competition and these terms and conditions without notice. Any changes to the competition will be notified to entrants as soon as possible by the promoter.

          13.10

          The promoter is not responsible for inaccurate prize details supplied to any entrant by any third party connected with this competition.

          13.11

          The prize is as stated, and no cash or other alternatives will be offered. The prizes are not transferable. Prizes are subject to availability and we reserve the right to substitute any prize with another of equivalent value without giving notice.

          13.12

          Winners will be chosen by Application Frameworks Pty Ltd at their discretion as per the social posting indicating the competition metric. Application Frameworks Pty Ltd reserves the right to overrule the metric should it deem an entry to be in an anti-competitive spirit.

          13.13

          The winner will be notified by email and/or DM on Twitter/Facebook and/or letter within 28 days of the closing date. If the winner cannot be contacted or do not claim the prize within 14 days of notification, we reserve the right to withdraw the prize from the winner and pick a replacement winner.

          13.14

          The promoter will notify the winner when and where the prize can be collected / is delivered.

          13.15

          The promoter’s decision in respect of all matters to do with the competition will be final and no correspondence will be entered into.

          13.16

          The competition and these terms and conditions will be governed by South African law and any disputes will be subject to the exclusive jurisdiction of the courts of South Africa.

          13.17

          The winner agrees to the use of his/her name and image in any publicity material, as well as their entry. Any personal data relating to the winner or any other entrants will be used solely in accordance with current data protection legislation.

          13.18

          Entry into the competitions will be deemed as acceptance of these terms and conditions.

          13.19

          This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram or any other Social Network. You are providing your information to Application Frameworks Pty Ltd and not to any other party.

           

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