1.1 All references to “the Company”, “we”, “us” and “our” in these terms and conditions for website use are deemed to refer to Laptop Trader SA (Pty) Ltd, registration number 2016 /453224 /07.
1.2 All references to “you” and “your” are deemed to refer to any user and/or visitor of www.laptoptradersa.co.za (“the Website”).
1.3 These terms and conditions for website use (“Terms and Conditions for Website Use”) govern, inter alia, your use of the Website and your use of this forum.
2. Acceptance of Terms
The Company permits the use of this Website subject to the Terms and Conditions for Website Use. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions for Website Use unconditionally. You must not use this Website if you do not agree to the Terms and Conditions for Website Use.
3. Use of the Website
3.1 You may only use the Website if you are 18 years of age or older. If you are under the age of 18, you may use the Website only with the involvement of your parent or legal guardian.
3.2 You agree that you will not use any device, software or other instrument to interfere or attempt to interfere with the proper working of this Website. In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Company representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
3.3 You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise harmful or unlawful.
3.4 You may not display, publish, copy, print, post or otherwise use the Website and/or the information contained herein for the benefit of any other website without the express prior written consent of an authorised representative of the Company.
4. Member Account
4.1 In order to create an account with the Company, you must be at least 18 years of age, and by creating an account and accepting these Terms and Conditions for Website Use, you warrant and represent to the Company that you are not a minor and can form legally binding contracts under applicable law.
4.2 You may create a member account on the Website by registering your name, by providing information about yourself and creating a username and password.
4.3 You hereby agree that all information requested and provided by you will be complete, current and accurate and that you will update such information whenever necessary. You are responsible for safeguarding the confidentiality of your username and password. You hereby agree not to disclose your username and/ or password to any third party.
4.4 You hereby acknowledge and agree that you are solely responsible for any activities or actions taken or made under your account, irrespective of whether or not such activities or actions have been authorised by you, and you undertake to notify the Company immediately if you believe that your user name and/or password has become known to any other person or you become aware of any unauthorised use of your account. The Company shall not be liable for any loss or damages sustained by you or any third party as the result of any unauthorised use of your username, password, credit card or otherwise.
4.5 You agree and warrant that you will implement and comply with the above procedures.
4.6 The Company reserves the right to withdraw user names and passwords at any time without notice and in its sole discretion including but not limited to instances where we have reason to believe that such user name and password have been compromised and/or used by any person or organisation other than you.
5. Ownership and Copyright
5.1 The contents of this Website, including any information, software, icons, text, graphics, lay-outs, images, sound clips, trade names, logos, trademarks and service marks are protected by law, including but not limited to copyright and trade mark law, and are owned by or licensed to the Company.
5.2 No licence to or right in any of such contents is granted to or conferred upon you. Any unauthorised use, distribution or reproduction of the said contents is prohibited. To obtain permissions for the commercial use of any content on this site contact our Website owner on e-mail [email protected]
6.1 Any person who accesses this Website or relies on this Website or on the information contained in this Website does so at his or her own risk.
6.2 While the Company takes reasonable measures to ensure that the contents of this Website are accurate and complete, the Company makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of this Website or as to the accuracy, completeness or reliability of any information on this Website.
6.3 All information provided on this Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
6.4 The Company does not accept any responsibility for any errors or omissions on this Website.
6.5 In addition to the disclaimers contained elsewhere in these Terms and Conditions for Website Use, the Company also makes no warranty or representation, whether express or implied, that the information available on this Website is free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is capable of corrupting, destroying, compromising or jeopardising the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way.
7. Linked Third Party Websites
7.1 This Website may contain links or references to other Websites (“Third Party Websites“) outside of our control, including those of advertisers. These Terms and Conditions for Website Use do not apply to those Third Party Websites and the Company is not responsible for the practices and/or privacy policies of those Third Party Websites or the cookies that those sites may use.
7.2 Notwithstanding the fact that this website may refer to or provide links to third party websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any such information contained thereon.
8.1 The Company is dedicated to keeping your details private. Any information we collect in relation to you is kept strictly secured. We do not pass on, sell or swap any of your personal details with anyone. We use this information to identify your orders, provide you with our weekly specials and to personalise your shopping experience with us.
8.4 Whenever you use our Website, or any other Website, the computer on which the web pages are stored (the Web server) needs to know the network address of your computer so that it can send the requested web pages to your Internet browser. The unique network address of your computer is called its “IP address,” and is sent automatically each time you access any Internet site. From a computer’s IP address, it is possible to determine the general geographic location of that computer but otherwise it is anonymous. We do not keep a record of the IP addresses from which users access our site except where you have specifically provided us with information about yourself, in which case we also record your IP address for security purposes. An example of this would be when proceeding to a checkout to finalise an order you may wish to make. After completing the form provided, your IP address will be stored along with a transaction number that allows us to track your order.
8.5 You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
8.6 It is your responsibility to update any of your personal information that you provide to us as soon as it is no longer accurate and complete.
8.7 The Company will not use your personal information for any purpose (other than as stated above) without your express consent. We will not use or disclose your personal information to third parties without your consent, unless the use or disclosure is required in order to comply with applicable law, order of court or legal process served on the Company; and/or disclosure is necessary to protect and defend the rights or property of the Company.
8.8 We will be entitled to disclose your personal information to those of our employees and/or third party service providers who assist us to interact with you via our Website or email, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently. We will ensure that all such employees and/or third party service providers having access to your personal information are bound by appropriate and legally binding confidentiality and non-use obligations in relation to your personal information.
8.9 We will treat your personal information as strictly confidential; take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access; provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and upon your request, promptly return or destroy any and all of your personal information in our possession or control.
8.10 We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.
9. Limitation of Liability
9.1 The Company shall not be liable for any direct, indirect, incidental, special or consequential injury, loss or damages which might arise from your use of, or reliance upon, any material or content contained in, or inability to use, and/or unlawful activity on, the Website and/or any linked Third Party Website.
9.2 You hereby indemnify the company against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of this Website and/or any linked Third Party Website.
10. Changes to these Terms and Conditions for Website Use
The Company reserves the right to update and/or amend the Terms and Conditions for Website Use from time to time and without any notice, and you are accordingly encouraged to check the Website regularly. Any such change will only apply to your use of this Website after the change is displayed on this Website. If you use this Website after such updated or amended Terms and Conditions for Website Use have been displayed on this Website, you will be deemed to have accepted such updates or amendments.
11. Availability and Termination
11.1 We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and reserve the right to discontinue providing the Website or any part thereof with or without notice to you.
11.2 The Company may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that the Company will not be liable to you in the event that it chooses to suspend, modify or terminate this Website.
12. Governing Law
These Terms and Conditions for Website Use shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions for Website Use.
13. Terms & Conditions of Sale
The Customer shall be deemed to have agreed to these terms and conditions of sale upon entering into any transaction with the Company in accordance with the Terms and Conditions for Website Use.
13.2.1 Orders by the Customer shall constitute irrevocable offers to purchase the Products in question from the Company and shall be capable of acceptance by the Company expressly, impliedly or by the Company’s conduct.
13.2.2 Any orders purported to be made by or on behalf of the Customer shall be deemed to have been made with the necessary knowledge and authorisation of the Customer, which authorisation the Company need not prove and the Customer shall be bound to any such orders made and will be deemed to have knowledge of and have accepted these terms and conditions.
13.3.1 Payment can be made via the Website by debit/credit card or electronic funds transfer (EFT). Where payment is made by credit card, we may require additional information in order to verify the validity of payment. In such cases the Company reserves the right to withhold delivery until such time as this additional information is required;
13.3.2 Once the Customer has accepted these Terms and Conditions of Sale, the Customer will be directed to a link to a secure site for payment of the applicable purchase price for the Products.
13.3.3 Unless otherwise agreed to in writing by the Company, the Customer shall have effected payment to the Company on or before delivery, either by way of debit/credit card or by way of EFT into the current account designated by the Company, provided that no goods shall be released until all monies have cleared into the Company’s bank account.
13.3.4 No discounts may be claimed or taken unless the Company has agreed to such discount in writing and the Customer shall have effected payment timeously.
13.3.5 The Customer shall be liable to pay the Company any taxes and/or levies applicable to the Products at the then prevailing rate. If any payments due to the Company are subject to withholding tax, the Customer shall pay the Company an additional amount so that the Company receives the full payment that is due to it.
13.3.6 Unless otherwise expressly agreed in writing, all payments are to be in South African Rand (ZAR).
13.3.7 The Customer carries any risk associated with or arising from the method elected to effect payment to the Company.
13.3.8 The Customer shall not be entitled, for any cause whatsoever, to withhold, deduct from or defer any amount due by it to the Company. All payments shall be free of exchange and set off. However, the Company shall be entitled, at its sole discretion, to set off any amounts that it owes to the Customer against any amounts that the Customer owes to the Company and such set off shall be effective as soon as the Company notifies the Customer in writing of the set off.
13.3.9 The Company may appropriate all payments from the Customer to any outstanding amounts as it, in its sole discretion, deems fit.
13.3.10 The Customer must notify the Company of any error in any invoice submitted to it by the Company within 7 (seven) days from the date of the invoice concerned, failing which the invoice will be deemed to be free of any errors.
13.4.1 Unless the Company provides the Customer with a written quotation, which the Customer accepts within the period for which the quotation is valid, the price of the Company’s Products will be the Company’s official list price ruling at the date of delivery of the Products.
13.4.2 All our prices are in South African Rand and exclude VAT. Product prices are updated daily / hourly relative to the current market prices of livestock and different levels of demand throughout the market.
13.4.3 The Company reserves its right to vary any quoted price by adding thereto the increased costs to it of any Products prior to the date of delivery of such Products and the Customer will be notified in writing by the Company of such increase.
13.4.4 Where, if any, prices are based upon a currency other than the South African Rand, any fluctuations in the exchange rate of such currency against the Rand between the date of the Customer’s order and the date of payment shall be passed onto the Customer who shall be liable for payment thereof.
13.5 Delivery of Products
13.5.1 The date of delivery of the Products will be deemed to be the date when the Products are collected or delivered to the Customer’s nominated delivery address or the date on which the Company notifies the Customer that the Products are available for collection. Any third party who accepts delivery or who collects the Products from the Company will be deemed to be the Customer’s agent and it shall not be necessary for the Company to prove the authority of such person, who shall be deemed to have been duly authorised for such purpose.
13.5.2 The Customer warrants that the signatory to any tax invoice, delivery note or any other documentation of the Company made out in the name of the Customer is duly authorised to bind the Customer in relation to the transaction and shall be accepted as proof of such indebtedness or delivery or such other fact (unless the Customer proves otherwise) and that the Products are received in good order.
13.5.3 The Company will endeavour to deliver the Products to the Customer within a reasonable period. The Customer shall not be entitled to cancel any order by reason of any delay and the Company shall not be liable for any damages for failure to timeously effect delivery of the Products for any reason.
13.5.4 Special deliveries may be arranged between the Company and the Customer, depending on the size of the specific order, or by agreement for an additional fee in respect of such delivery, which arrangements shall be on an order by order basis, unless otherwise agreed.
13.5.5 The Customer is obliged to choose its Products carefully and must inspect the Products on delivery. Unless the Customer notifies the Company in writing within 7 (seven) days of the date of delivery that the Products delivered are defective, damaged or not in accordance with the order.
13.6 Cancellation, Returns and Refund Policy
13.6.1 You will be liable in terms of section 44(2) of the Electronic Communications and Transactions Act 25 of 2002 (as amended from time to time) for the direct costs of returning the Products, such as delivery charges.
13.6.2 Customers have an obligation to choose carefully. The Company does not normally accept returns and/or give refunds if the Customer has simply changed its/his/her mind or made the wrong decision.
13.6.3 The Company has full confidence in all its Products. Accordingly in the unlikely event that a Customer is not absolutely satisfied with a particular Product/order, the Company will offer either a full replacement of the Product/order or a refund, in the sole discretion of the Company, on condition that the Customer returns the Product in full, in order that the Company may further investigate and make a determination in relation to the Product/order (with a view to further improving the Company’s service to its Customers).
13.6.4 Due to the nature of the Products, refunds or replacements will not be entertained if the complaint is received by the Company in excess of 7 (seven) days from the date of delivery of that particular Product.
13.6.5 A 10% handling fee will be charged on any goods returned due to error on the customers’ part.
13.7 Customer Service Policy
13.7.1 Laptop Trader SA is committed to providing exceptional customer service and quality Products. We endeavour to ensure that all Products listed on our Website are in stock and reflect true and accurate pricing.
13.7.2 In the event that an ordered item is not available or we are unable to fulfil your order, you will be notified via email or telephone by one of our customer service operators to arrange an agreeable alternative item, or a backorder with an estimated delivery date, or a full refund.
13.8.1 Save for what is expressly set out in these Terms and Conditions of Sale, to the maximum extent permitted by law, the Company makes no warranties of whatsoever nature, whether express or implied, in respect of the Products, whether relating to their marketability, quality and/or fitness for any particular use or purpose.
13.8.2 Any recommendations or assistance provided by the Company concerning the use of the Products shall not be construed as representations or warranties of any kind and such information is accepted by the Customer at the Customer’s own risk and without any obligation or liability to the Company. It is the Customer’s sole responsibility to determine the suitability of the Products for the use in the Customer’s application(s). Failure by the Company to make recommendations or provide assistance shall not give rise to any liability to the Company.
13.8.3 The Company makes no warranties of any nature whatsoever in respect of the qualification of any person which the Company may refer the Customer to in respect of the use of any Products purchased from the Company or for any other reason whatsoever.
13.8.4 All warranties are held by the manufacturer of the product
13.9 Limitation of Liability and Indemnity
13.9.1 The Company will not be liable for any indirect, consequential, delictual loss or special loss or damages of any nature whatsoever and howsoever arising which may be suffered by the Customer or any third party, as a result of or in connection with any transaction entered into between the Company and the Customer.
13.9.2 The liability of the Company, if any, for any direct loss or damage shall not exceed the total price paid or due to be paid by the Customer for the Products that form the subject matter of such claim.
13.9.3 The above exclusions and limitations of liability shall apply regardless of how the loss or damage may be caused and whether based in contract, delict or otherwise.
13.9.4 The Customer hereby indemnifies the Company and holds it harmless against any claim, damage, loss, cost or expense of whatsoever nature, made against the Company or the Customer by any third party arising from or associated with the Products supplied by the Company to the Customer, the Customer’s or a third party’s use, operation or storage of the Products, the Customer’s representations given to third parties in respect of the Products or any other matter for which the Company would not be liable to the Customer in terms of these Terms and Conditions of Sale.
13.9.5 If any Products are to be supplied in accordance with specifications or other instructions furnished by the Customer, the Customer shall not have any claim of any nature whatsoever against the Company for any loss or damage sustained by the Customer or any third party as a result of any error, discrepancy or defect in those specifications or other instructions, or if the Products in question are not suitable for the purpose for which they are required, whether that purpose was known to the Company or not, and the Customer hereby indemnifies the Company in all respects in this regard.
13.10 Confidential Information
The Customer shall not at any time use, exploit or disclose any of the Company’s confidential information, including but not limited to methods of production, price lists, documents or any other information relating to the Goods.
13.11.1 If a Customer breaches any provision of this Agreement, or fails to pay any amount on its due date, or suffers any civil judgment being taken or entered against it, or commits an act of insolvency, or is placed under sequestration, liquidation (whether provisional or final, voluntary or compulsory) or takes steps or steps are taken against it to commence business rescue proceedings, or makes or attempts to make any general offer of compromise with any of its creditors or sells its business or changes the structure of its ownership, the Company shall, without prejudice to any other remedies that it has available to it, be entitled to:-
188.8.131.52 suspend or cease performance of its obligations to the Customer until the Customer’s breach has been remedied; and/or
184.108.40.206 summarily cancel the sale of any Products to the Customer; and/or
220.127.116.11 repossess any Products which have not been paid for.
13.12 Force Majeure
13.12.1 The Company will not be liable to the Customer for failing to perform its obligations pursuant to these Terms and Conditions of Sale and/or Website Use as a result of an act of God or any cause beyond its control.
13.12.2 Subject to the provisions of these Terms and Conditions of Sale and/or Website Use, in the event of delays in delivery or performance caused by a force majeure event or the Customer, the estimated date of delivery or performance shall, in the sole discretion of the Company, be extended by the period of time that the Company is actually delayed.
13.13 Legal Provisions
13.13.1 These Terms and Conditions of Sale and/or Website Use and all transactions between the Customer and the Company shall be governed by and decided upon in accordance with the laws of the Republic of South Africa.
13.13.2 The Company has the sole option to refer any dispute arising from or in connection with these Terms and Conditions of Sale and/or Website Use to arbitration, which arbitration will bind both the Customer and the Company. The arbitration will be held in Johannesburg in accordance with the rules of the Arbitration Foundation of Southern Africa (“AFSA”) and shall be administered by AFSA.
13.13.3 Either party shall be entitled to institute action in the Magistrate’s Court, notwithstanding that the amount of its claim exceeds the jurisdiction of such Court. This provision shall not preclude the Company from instituting action against the Customer in any other competent court with jurisdiction.
13.13.4 A certificate issued by any manager of the Company, whose authority, appointment and signature it shall not be necessary to prove, that certifies any indebtedness of the Customer to the Company, delivery of the Products to the Customer or any other fact shall be accepted as proof of such indebtedness or delivery or such other fact, unless the Customer proves otherwise.
13.13.5 To the extent that the Company successfully enforces or defends its rights under these Terms and Conditions of Sale and/or Website Use it shall be entitled to recover from the Customer all legal costs incurred by the successful party on the scale as between attorney and own client, including costs of Counsel on brief, tracing agent’s costs and collection commission.
13.13.6 No relaxation or indulgence by either party shall prejudice or be deemed to be a waiver of that party’s rights in terms hereof.
13.14.1 The Company hereby selects PO Box 784186, Sandton, 2146, South Africa as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions of Sale and Website Use (“domicilium”). You, as the Customer, hereby select the address specified on the Products order form as your domicilium. Either party may change its domicilium to any other physical address by not less than 7 days’ notice in writing to the other party. Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent:–
18.104.22.168 by hand will be deemed to have been received on the date of delivery;
22.214.171.124 by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
126.96.36.199 by telefax before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the telefax. All telefaxes sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day; and
188.8.131.52 by email will be deemed to have been on the date indicated in the “Read Receipt” notification. All email communications between you and us must make use of the “Read Receipt” function to serve as proof that an email has been received.
13.15.1 You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions of Sale and Website Use to any third party.
13.15.2 Any failure on the part of you or the Company to enforce any right in terms hereof shall not constitute a waiver of that right.
13.15.3 If any term or condition contained herein is declared invalid, the remaining Terms and Conditions will remain in full force and effect.
13.15.4 No variation, addition, deletion, or agreed cancellation of these Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
13.15.5 No indulgence, extension of time, relaxation or latitude which any party (“the grantor”) may show grant or allow to the other (“the grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
13.15.6 These Terms and Conditions of Sale, read together with the Terms and Conditions for Website Use contain the whole agreement between you and the Company and no other warranty or undertaking is valid, unless contained in this document between the parties.