1.1. SAFibre is a close corporation.
1.2. SAFibre’s registration number is 2015/312049/07.
2.1 Any minor (a person under the age of 18) may use this website and services offered only with the consent of a major (a person 18 years and older), or where the court has granted that individual majority status.
2.2 If a customer represents that he/she is of sufficient legal age to use the website and services offered via this website then he or she will be bound by any legal obligations and liabilities that he/she may incur as a result of the customer’s use of this website.
2.3 The customer (of legal age) agrees to supervise all usage by minors of this website under the customer’s name of account.
3.1 The customer hereby warrants that every instruction and all information given by him/herself is correct, accurate and complete.
3.2 SAFibre will only warrant those products purchased from SAFibre.
3.3 Software and consumables, such as CDs, DVDs, Blu-Rays, computer software, games and all other consumables will not be refunded if opened or security seals are damaged.. If, however, the reason for the return is that the product is faulty, SAFibre will only replace the product with a new one of the same type.
3.4 All computer hardware carries a one year manufacturer’s warranty, unless specifically stated otherwise on this website. Software and consumables do not carry any warranties.
3.5 Products that are found to be defective by either SAFibre, or one of its representatives, and found to be defective within 6 (six) months of the customer receiving it, will be eligible for either a repair, a replacement or be fully refunded.
3.6 Products that are found to be defective by either SAFibre, or one of its representatives, and found to be defective after 6 (six) months of the customer receiving it, will be eligible for either a repair or a replacement.
3.7 SAFibre makes no representations, nor gives any warranties of any nature as to the availability of any communications network or systems of any third party on whom the customer or SAFibre rely to provide any of the services.
3.8 Warranty does not apply to either defects resulting from wear and tear, physical damage, where the customer, or anyone unauthorised by SAFibre, has altered, damaged or removed the warranty seal(s) and/or screws, or hardware and/or software that is not compatible with the customer’s existing system or operating system.
3.9 The customer hereby acknowledges that no additional warranties to the ones already mentioned in these terms of usage will be given by SAFibre for items purchased on this website, unless specifically stated on this website.
4.1 The customer in entitled to a seven (7) calendar days cooling off period.
4.1.1 The cooling off period commences from the date that appears on the tax invoice.
4.1.2 The cooling off period allows for the customer to cancel his/her purchase, and obtain a full refund (excluding delivery) within seven (7) calendar days.
4.1.3 The cooling off period does not apply to software which has been opened/ seals broken, consumables which have been opened/ seals broken or any product which by reason of their nature cannot be returned (including electronic vouchers) due to the fact that the security seal was tampered with and/or the product has been used.
4.1.4 The cooling off period does not apply to hardware which has been opened/ seals broken.
4.1.5 The cost of returning the product, during the cooling off period, will be at the customer’s expense. Products that are damaged in transit will not be credited or refunded and SAFibre will not be liable for the damages.
4.1.6 Hardware (such as optical drives, motherboards, speakers, etc) must be returned in their original, un-opened packaging to be able to be returned for a refund.
4.2 Customers that wish to return a product after the cooling off period but within ten (10) calendar days after date that appears on the tax invoice will be subject to a twenty (20) percent (%) restocking fee. Products that are returned open/ seals broken and/or with missing items (such as manuals, warranty cards, accessories and other materials belong to that item) will not be credited/ refunded.
4.3 Software will only be credited if the packaging is unopened/seals unbroken and accompanied by a police affidavit.
4.4 Consumables (such as toners, inks, CD’s, Blu-ray discs, etc.) can only be returned for credit as long as it is unopened/sealed and unused.
4.5 Products that are found to be defective within six (6) months can be returned to SAFibre at SAFibre’s expense.
4.6 Products that are found to be defective after six (6) months can be returned to SAFibre at the customer’s expense.
4.7 Should SAFibre have supplied the incorrect product, SAFibre must be notified within 48 hours of receiving the product. SAFibre will then exchange the incorrect product for the correct product. Should the correct product not be found within seven (7) days, SAFibre will refund the full purchase price.
4.8 Should the customer not be fully satisfied that his/her product is in mint condition, the customer has the right to return the product within 1 day of receipt for a replacement or a refund on the purchase price.
5.1 The price of each product is indicated on the website. Where specials are applicable, special and discounted prices will be displayed and will be applicable only for the time period indicated.
5.2 Value added tax (VAT) at the rate of 15% is charged on goods purchased in South Africa. All prices displayed on the website are inclusive of VAT unless otherwise indicated.
6.1 All items purchased from SAFibre not collected by the customer are purchased pursuant to agreements with shipping and delivery agents and risk of loss pass from SAFibre to such agents upon delivery of any item to such carrier.
6.2 In the absence of an indication by the customer that SAFibre is to arrange for delivery of the product, SAFibre will make the product available for collection by the customer at its registered place of business, Baker Street, Bryanston, during business hours.
6.3 If SAFibre is holding stock of the product, or as soon as SAFibre receives stock of the product in question if it is not holding stock, SAFibre undertakes to notify the customer as soon as is reasonably possible that the product is available for collection.
6.4 Should the customer indicate that SAFibre is to arrange for delivery, SAFibre will cause delivery to take place by engaging the services of a third party courier. The customer will be responsible for the costs of delivery.
6.5 SAFibre can only arrange deliveries within South Africa’s borders.
6.6 Customers wishing to have their order delivered outside South African can do so at their own expense and risk.
6.7 SAFibre accepts no liability for any consequential loss or damage to the product or the customer howsoever caused after handing the product over for delivery by the third party courier, either from late or non-delivery.
6.8 Customers wishing to have their order insured (opt-in) must notify SAFibre before his/her order is couriered.
6.9 SAFibre will calculate the insurance charge applicable to the order in question and stipulate the exact insurance charge. Once the customer has accepted the insurance charge, SAFibre will add the insurance charge to his/her order. The customer will be liable for the delivery and insurance charges.
6.10 SAFibre will however, do its utmost to ensure that delivery takes place within 5 to 7 days of payment (or of receipt of stock if SAFibre is not holding stock of the product at the time).
6.11 SAFibre will do its best to inform the customer of any delay in delivery, and will remedy it to the best of its ability.
7. DELIVERY AND INSURANCE COSTS
7.1 The cost of delivery within the borders of South Africa is determined as follows:
7.1.1 Delivery charges are calculated either according to weight, or per order and may vary according to season and courier.
7.1.2 SAFibre will calculate the delivery charge applicable to the order in question and stipulate the exact charge during the ordering process. Once the customer has confirmed his/her order with delivery, he/she will be liable for the delivery charges.
7.2 The insurance charge is determined as followed:
7.2.1 The insurance charge for orders being delivered by the South African Postal Service (hereby referred to as SAPO), is calculated at three percent (3%) of the customer’s order total. The excess payable is at the sole responsibility of the customer.
7.2.2 The insurance charge for orders being delivered by SAFibre’s courier companies (hereby referred to as SAFibre’s couriers), is calculated at three percent (3%) of the customer’s order total. The excess payable is at the sole responsibility of the customer.
8.1 If the customer selects the ’Online Banking’ button, instructions will be given on how to deposit monies into the SAFibre bank account.
8.2 If the customer selects the ’Cash on Pick-Up’ button, the customer will be notified when his/her order is ready for collection. The payment methods available will be cash or Online Banking.
8.3 The exact amount must be paid.
8.4 The payment must be identified by supplying the order number and surname of the customer in the beneficiary’s reference section.
8.5 Cheque payments will only be accepted if deposited into SAFibre’s bank account and are subject to clearance before the customer’s order is processed.
8.6 International payment will be accepted only if all fees associated with international payments are paid for by the customer.
8.7 Orders not paid for within five (5) calendar days will be cancelled unless an arrangement has been made by the customer and SAFibre.
9. AGREEMENT OF SALE
9.1 A customer placing an item into their shopping cart or wishlist without completing the purchasing procedure does not:
9.1.1 enter into an agreement of sale, or
9.1.2 place an order for such an item, and SAFibre can remove such items from the customer’s wishlist or basket in the event that there is no stock.
9.2 An agreement of sale will be reached between SAFibre and the customer only after:
9.2.1 the purchasing procedure has been completed, and
9.2.2 SAFibre has received payment, in full, by the customer within two (2) calendar days of completion of the purchasing procedure, and such payment is reflected in full in SAFibre’s bank account.
9.3 SAFibre reserves the right to refuse to accept and/or execute an order without giving any reasons whatsoever. SAFibre shall only be liable to refund monies already paid by the customer.
9.4 SAFibre reserves the right to refuse, for purposes of preventing suspected fraud, to accept or process any payment and/or order. Should fraud be found, SAFibre will not be liable to refund monies paid to the customer until told to by law.
9.5 SAFibre will do its best to maintain the correct selling price. However, should errors occur and items are offered at incorrect prices, SAFibre will not be obliged to sell goods at such incorrect prices and shall only be liable to refund monies paid.
10. TERMS AND TERMINATION
10.1 These terms and conditions shall only apply to the customer once he/she has registered for an account on SAFibre.
10.2 These terms and conditions shall only apply to the customer once he/she has agreed to them during the checkout process on the SAFibre website.
10.3 Termination of this agreement will occur when the customer deregisters his/her account on the website, or when SAFibre removes the customer’s account.
10.4 All activities performed on this website are subject to the terms and conditions set down by SAFibre.
10.5 These terms and conditions are legally binding.
10.6 These terms and conditions may be modified at any time.
11. SUBMISSION BY THE CUSTOMER TO SAFIBRE
11.1 SAFibre is not responsible for any information and data submitted to SAFibre by the customer.
12.1 SAFibre reserves the right to verify any type of communication that takes place between SAFibre and the customer. Should SAFibre deem verification of any information necessary, SAFibre will not be bound to the purchase agreement of any order until verification has taken place.
12.2 SAFibre shall be entitled to establish the authenticity of any communication transmitted between SAFibre and the customer. The Customer agrees that all instructions, orders, consents, commitments and any other communications which purport to emanate from the customer and which are sent to SAFibre by way of the Internet and which may (as a result of interception, equipment malfunction, the distortion of communication links or any other reason whatsoever) be different from the details actually sent or given, or may not have been given by you at all, shall be deemed to have been given by the customer in the form actually received by SAFibre and the customer will be bound by such details with no liability of whatever nature attaching to SAFibre.
12.3 The customer waives any rights he/she may have or obtain against SAFibre arising directly or indirectly from any loss or damage of whatsoever nature, which the customer may suffer as a result of the fact that SAFibre has acted on the customer’s instructions or instructions purporting to emanate from the customer. The customer agrees to and hereby indemnifies SAFibre against all and any claims, liabilities, losses, costs, fines, damages, and expenses incurred (whether directly or indirectly) by the customer, arising as a result of the fact that SAFibre has acted on the customer’s instructions or instructions that purport to emanate from the customer.
SECTION B: WEBSITE CONTENT AND USAGE
13.1 On this website SAFibre provides information about the company generally and for purposes of the Electronic Communications and Transactions Act (ECTA). ECTA states that when we offer goods or services by way of certain electronic transactions, we must make the following information about us available to customers on websites where the goods or services are offered:
Full name: ZAFIBRE (PTY) Ltd.
Main business: Online retailer.
Address for receipt of legal service: 8 Baker Street, Bryanston, Sandton
Official email address: firstname.lastname@example.org
14. CONTENT OF THIS WEBSITE
14.1 The content of this website will be updated on a regular basis, however, SAFibre makes no representations or warranties, whether express, implied in law or residual, as to the accuracy, completeness or reliability of information, opinion, data or content contained on the website.
14.2 SAFibre reserves the right to change any content on this website and to do so without notice to the customer.
14.3 Pictures displayed on SAFibre website are for display purposes only and might differ from the actual product.
15.1 The customer agrees to abide by these Terms and Conditions and to use this website for legal purposes only.
15.2 The customer is financially responsible for the use of the website (as well as for use of the customer’s account by others, including, without limitation, any person under the age of eighteen years).
15.3 Any misconduct by the customer in any way that SAFibre deems unfit is prohibited. The customer is prohibited from posting or transmitting any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law.
15.4 The customer is prohibited from using any false email addresses, or impersonating any other person or entity.
15.5 When a user visits SAFibre or sends e-mails to SAFibre, that user consents to receiving communications from SAFibre electronically and agrees that all agreements, notices, disclosures and other communications sent by SAFibre satisfies any legal requirements, including, but not limited to, the requirement that such communications should be "in writing".
16.1 SAFibre will not be held responsible for any loss, damage, liability, personal injury (both physically and mentally) or expensive of any nature whatsoever which is done to either the customer or a third party as a result of any one of following:
16.1.1 the use of and reliance on any information provide on this website.
16.1.2 any emails received from this website or any employee of SAFibre.
16.1.3 support from this website or from any employee of SAFibre.
16.1.4 any virus, spyware, malware or malicious activity that may affect the customer’s computer or other personal property as a result from viewing this website.
16.1.5 the use of information or data that is available on this website.
16.1.6 failure, delay or unavailability of this website and/or services required via SAFibre for whatever reason.
16.1.7 the supply, or failure or delay in supply, for any service offered by this website or any employee of SAFibre.
16.1.8 the breach of these Terms and Conditions by the customer.
16.2 This web site is supplied on an "as is" basis and has not been compiled or supplied to meet the user’s individual requirements. It is the sole responsibility of the customer to satisfy itself prior to entering into this agreement with SAFibre that the service available from and through this web site will meet the user’s individual requirements and be compatible with the user’s hardware and/or software.
16.3 Although SAFibre aims to provide 24 hours a day online service every day of the year, SAFibre will not be held responsible for any down time that may arise.
16.4 SAFibre reserves the right to suspend operations of the website at any time and without giving notice or reasons therefore.
SECTION C: PRIVACY AND SECURITY
17. STATEMENT OF PRIVACY
17.1 The customer’s privacy is highly important to SAFibre. For this reason NO customer information shall be given or sold to any third party unless required to do so by law.
17.2 SAFibre reserves the right to release to third parties, in aggregate format, data pertaining your use of SAFibre’s services and this website, provided that such data is released as statistical totals and does not contain information which specifically identifies a particular customer of SAFibre.
17.3 Without limiting the generality of the aforementioned, SAFibre reserves this right in order to be able to release to potential advertisers and other third parties statistical information regarding the number of customers of SAFibre, their age and gender profiles and their frequency of using SAFibre’s service and website.
17.5 When the customer creates an account with SAFibre and places an order with SAFibre, the following information is stored permanently to facilitate the processing of warranty returns: Customer Name, Email Address, Telephone Number, and Physical Address, in addition as details relating to the products you ordered (Name of product, quantity, and price). SAFibre does not store any customer financial details (like credit card numbers).
17.6 The customer has the option to receive newsletters, and status of orders from SAFibre. The customer will have the option to "opt-in" of the newsletter sent by SAFibre by simply logging into their account and disabling the ’Receive Newsletter’ option.
17.7 SAFibre reserves the right to view any communications made using the comments, forums or private messaging sections of the site.
18.1 Any person that delivers or attempts to deliver any damaging code to this web site or attempts to gain unauthorised access to any page on this web site shall be prosecuted and civil damages shall be claimed in the event that SAFibre suffers any damage or loss.
18.2 The customer agrees and warrants that their log-in name and password shall:
18.2.1 be used only by that person, and
18.2.2 not be disclosed to any third party.
19.1 No person, business or web site may link to any page on this site without the prior written permission of SAFibre. Permission could be obtained from the person referred to in clause 2 hereof.
20. SPIDERS AND CRAWLERS
20.1 No person, business or web site may use any technology to search and gain any information from this website without the prior written permission of SAFibre. Such permission could be obtained from the person referred to in clause 2 hereof.
SECTION D: INTELLECTUAL PROPERTY RIGHTS
21. INTELLECTUAL PROPERTY RIGHTS
21.1 All the content, trademarks and data on this web site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to SAFibre and as such are protected from infringement by local and international legislation and treaties.
21.2 The trademarks, names, logos and service marks (collectively "Trademarks") that pertain to SAFibre displayed on this Website are registered and unregistered Trademarks of SAFibre, nothing contained on this Website should be construed as granting any license or right to use any Trademarks without the prior written permission of SAFibre. Permission could be obtained from the person referred to in clause 2 hereof.
21.3 Other trademarks, names, logos and service marks used are the property of their respective owners.
22.1 Users may download, view and print content from this site for private and non-commercial purposes only.
22.2 All moral rights of SAFibre and its employees/agents are reserved.
22.3 Users are encouraged to inform SAFibre of any content that may be offensive or illegal.
SECTION E: DISPUTES
23.1 In the event of any dispute of any nature whatsoever arising between the parties on any matter provided for in, or arising out of this agreement, and not resolved through contacting the owner of SAFibre, then such a dispute will be settled by mediation.
23.2 SAFibre reserves the right to appoint a mediator of its choosing.
23.3 The customer will be liable for all fees resulting from a dispute.
24.1 SAFibre chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, 8 Baker Street, Bryanston, Sandton, South Africa.