Please read these Terms of Service carefully before accessing or using our website or services. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions of Service (“Terms”). If you do not agree to all the Terms of this agreement, then you may not access the website or use any of our services.
This website (www.firmatec.co.za) (“the Site”) is owned and operated by Firmatec (Pty) Ltd trading as ‘Firmatec’ (“Firmatec”). Throughout the Site, the terms “we”, “us” and “our” refer to Firmatec. Firmatec offers this Site, including all information, tools, products, and services available from this Site to you, the user, conditioned upon your acceptance of all our Terms, conditions, policies, and notices stated here. If these Terms are considered an offer by us, acceptance by you is expressly on the basis of these Terms. In other words, this is a binding agreement between you and Firmatec.
OUR PRODUCTS & SERVICES:
By visiting our site and/ or purchasing something from us (our “Products”), you are using our “Service” and in so doing you also agree to be bound by the following Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink (“Service”). These Terms apply to all users of the site and our service providers, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content (“User”). Any new features or tools which are added to the current Site shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes/Terms.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms, you warrant and represent that:
1.1. You are at least the age of majority in your country or state, or that you have given us your consent to allow any of your minor dependents to use this Site, and to use our Services and/or buy the Products advertised on the e-commerce Store on our Site;
1.2. Your information supplied to us is accurate and up to date and not false, misleading, deceptive or fraudulent, and that you will promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed; and
1.3. You will not use our Site or Services or Products for any illegal or unauthorized purpose nor will you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws);
1.4. You must not transmit any worms or viruses or trojan horses or other invidious programs or data, whether attached to or embedded in other programs or data or not on or through the Site. Firmatec also makes no warranty or representation, whether express or implied, that the information or files available on this Site or any other electronic correspondence are free of viruses, spyware, malware, trojans, destructive materials, or any other data or code which is able to corrupt, destroy, compromise or jeopardise the operation, stability, security, functionality or content of your computer system, computer network, hardware or software in any way.
1.5. A breach or violation of any of the Terms will result in an immediate termination of our Services, or any agreement to sell any Product to you, in our sole discretion.
2. SECTION 2 – ECTA DISCLOSURE
2.1. In accordance with the disclosure requirements of the Electronic Communications and Transactions Act (“ECTA”), Act 25 of 2002, the supplier of Goods or Services offered for sale, hire or exchange by way of an electronic transaction, makes the following information available to consumers/Users:
2.2. The Supplier, except if indicated otherwise:
2.2.1. is Firmatec (Pty) Ltd trading as ‘Firmatec Computers’ ( “Supplier”),
2.2.2. is a private company,
2.2.3. is not VAT registered,
2.2.4. has its physical address at 183 Albion Springs Corner of Main Road &, Albion Springs Cl, Rondebosch, Cape Town, 7700
2.2.5. is contactable at Telephone number : +27 140 1581
SECTION 3 – GENERAL CONDITIONS
3.1. We reserve the right to refuse service to anyone for any reason at any time.
3.2. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site and/or Service, use of the Service, or access to the Service or any contact on the Site through which the service is provided, without express written permission by us.
3.3. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 4 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
4.1. Most of the Product information on our Site is based on Supplier information supplied to us and thus we are not responsible if information made available on this Site is not accurate, complete, or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this Site is at your own risk.
4.2. This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.
SECTION 5 – MODIFICATIONS TO THE SERVICE, PRODUCTS, AND PRICES
5.1. Prices for our Products are subject to change without notice.
5.2. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
5.3. We shall not be liable to you or to any third party for any cancellation, modification, price change, suspension, or discontinuance of the Service.
SECTION 6 – PRODUCTS OR SERVICES
6.1. Certain Products or Services may be available exclusively online through the Site. These Products or Services may have limited quantities and are subject to return or exchange only according to our Return Policy, set out in Section 7 below.
6.2. We have made every effort to display as accurately as possible the colours and images of our products that appear on the Site, but we cannot guarantee that your computer monitor’s display of any colour will be accurate, nor will any Product purchased from us qualify for a refund due to colour discrepancies. Images/photos are for illustration purposes only and may vary from the actual product(s).
6.3. We reserve the right, but are not obligated, to limit the sales of our Products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products or Services that we offer. We reserve the right to discontinue any Product at any time.
6.4. We do not warrant that the quality of any Products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected, apart from our return policy on our Products which is explained in Section 7 below.
6.5. Delivery of Products sold to you is dependent on our stock levels, our supplier turnaround time, and our courier service provider. While we will provide an estimated time of arrivals on Products and orders, due to the nature of our business we cannot and do not guarantee any lead times or delivery dates.
6.6. If a backorder is cancelled within 6 months of placement of the order, a 25% admin/handling fee will be charged on the value of the goods cancelled.
6.7. Please note that you are liable for any license, registration, taxes or duties levied on Products shipped outside South Africa and you indemnify us against any liability in this regard.
7.1. Firmatec will not accept any returns unless the Products are returned within 7 days from the date of delivery or collection of that Product, and only where the goods, packaging, and all accessories in the packaging is intact (not damaged) and returned to us (at your cost) within the aforesaid 7 day period. In such a case Firmatec will repay the full amount via EFT, less our delivery costs.
7.2. Firmatec cannot be held responsible for a User supplying us with incorrect banking details, and recovery of incorrectly paid refunds is the responsibility of the User.
7.3. The proof of delivery by our courier agents will be deemed to be final and correct in determining the date of delivery and you agree to their determination in this regard.
7.4. Products older than 7 days or with damaged packaging or missing or damaged accessories or contents will not be refunded, but if faulty may qualify for either a warranty claim or repair depending on the manufacturer’s warranty. Our decision to reject a return is final and binding on you where it does not meet the above conditions.
7.5. Should your Product become faulty, please contact us for repairs and we will assist you with the return process, where the Product is still under warranty from its Supplier/Manufacturer. Please note that some manufacturers have their own system for collecting and returning warranty items, but in every other case, Firmatec will handle this process subject to Supplier/Manufacturer warranty terms and conditions.
7.6. While we do everything in our power to ensure the accuracy thereof, available and stock on hand information is an indication only and is subject to a final/physical check in our warehouse and/or with the relevant supplier(s).
7.7. Orders are only shipped/released once Firmatec has received and verified payment in full.
SECTION 8 – OPTIONAL TOOLS
8.1. We may provide you with promotional material by accessing third-party tools, which we neither monitor nor have any control nor input into.
8.2. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
8.3. Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which these tools are provided by the relevant third-party provider(s).
8.4. We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.
SECTION 9 – THIRD-PARTY LINKS
9.1. Certain content, Products, and Services available on our Site may include materials from third parties.
9.2. Third-party links on this Site may direct you to third-party websites that are not necessarily affiliated with us. We are not responsible for examining or evaluating their content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
9.3. We are not liable for any harm or damages related to the purchase or use of our Products, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
SECTION 10 – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
10.1. If, at our request, you send certain specific submissions (for example contest entries, or reviews) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
10.2. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms.
10.3. You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site or Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
11.3. PRIVACY- STORAGE: Personal Information will be stored for as long as it is used and for a period of 4 years thereafter, together with a record of the Personal Information and the specific purposes it was collected for. You agree that your personal information may be stored offshore. Personal Information will be destroyed once it has become obsolete (out of date or unusable), or if so requested by the person in question in an email addressed to: email@example.com.
11.4. PRIVACY- INTERCEPTION: Subject to the Regulation of Interception of Communications Act (“RICA”), Act 70 of 2002, the User agrees that we may intercept, block, read, delete, disclose and use all communications sent or otherwise communicated to us, our employees, directors, and agents. User agrees that his or her consent satisfies the requirements of ECTA and RICA for consent in “writing” as defined.
11.5. PERSONAL INFORMATION WE COLLECT
11.5.1. When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information”.
11.5.2. We collect Device Information using the following technologies:
– “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit https://www.allaboutcookies.org;
– “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps;
– “Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Site.
11.5.3. Additionally, when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information, email address, and phone number. We refer to this information as “Order Information”.
11.5.4. You understand that your content / personal information (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks, and payment can be made online by credit card through a sufficiently secure payment system. The payment system allows for review, corrections, and withdrawal by the User prior to placing a final order.
11.6. HOW DO WE USE YOUR PERSONAL INFORMATION?
11.6.1. We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, delivery, and/or the collection, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:
– Communicate with you;
– Deliver the Site and Service to you;
– Screen our orders for potential risk or fraud; and
– When in line with the preferences you have shared with us, provide you with information or advertising relating to our Products or Services.
11.6.2. We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).
11.6.3. All such information will be retained based on your consent hereby given and will be used for historical, statistical, research or marketing purposes.
11.7. SHARING YOUR PERSONAL INFORMATION
11.7.1. We share your Personal Information with third parties to help us use your Personal Information, as described above. We also use Google Analytics to help us understand how our customers/Users use the Site.
11.7.2. Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant, or other lawful requests for information we receive, or to otherwise protect our rights
11.7.3. As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you.
11.7.4. DO NOT TRACK: Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.
11.7.5. DATA RETENTION: When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.
SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS
12.1. Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service, Products, or on any related website is inaccurate at any time, without prior notice (including after you have submitted your order).
12.2. We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 13 – PROHIBITED USES
13.1. In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, provincial or local regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site / Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service/Site or any related website for violating any of the prohibited uses.
13.2. You may not display, publish, copy, print, post, or otherwise use the Site and/or the information contained therein for the benefit of any other website without the express prior written consent of an authorized Firmatec representative.
SECTION 14 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
14.1. We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free.
14.2. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable, or fit for a particular purpose.
14.3. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
14.4. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all Products and Services delivered to you through the Service are (except as expressly stated by us) provided ‘as is’ and ‘as available for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement
14.5. In no case shall Firmatec, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, delict/tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any Products procured using the Service, or for any other claim related in any way to your use of the Site, Service or any Product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or Product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Our liability shall be limited to the maximum extent permitted by law.
14.6. Subject to sections 43(5) and 43(6) of ECTA, and to the extent permitted by law, the Site and all content on the Website, are provided on an “as is” basis, and may include inaccuracies or typographical errors and Firmatec, its Owners, suppliers, employees, directors, partners, affiliates and agents will not be liable for any damage, or loss or liability of any nature incurred by whoever as a result of any action or omission, and they make no warranty or representation as to the availability, accuracy or completeness of the Products or Services, or any third-party content accessible via an Internet link.
SECTION 15 – INDEMNIFICATION
15.1. You agree to indemnify, defend and hold harmless Firmatec and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by you and/or any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference or your violation of any law or the rights of a third-party.
SECTION 16 – SEVERABILITY
16.1. In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 17 – TERMINATION
17.1. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes, and in particular the dispute resolution mechanism shall survive the termination of this agreement.
17.2. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly we may deny you access to our Services (or any part thereof).
SECTION 18 – ENTIRE AGREEMENT
18.1. The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
18.2. These Terms and any policies or operating rules posted by us on this Site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, quotes and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
18.3. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 19 – GOVERNING LAW
19.1. These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of South Africa, and the User consents to the jurisdiction of the Cape High Court in the event of any dispute, subject always to the dispute resolution procedures having first been followed as set out herein.
SECTION 22 – COMPLAINTS AND DISPUTES
20.1. Firmatec offers Users who wish to file complaints the option of using the “Contact us” service on our site, which can be accessed here.
20.2. In using our Site and Services you agree to the following dispute resolution mechanisms:
20.2.1. In the event of a dispute between the Parties arising out of or in connection with this agreement or any matter related thereto, whether directly or indirectly, the Parties shall FIRST endeavour to resolve the dispute by negotiation within 14 (fourteen) days of such dispute arising, failing which the Parties agree to then submit the dispute to mediation. Both Parties shall agree on the mediator within 7 days of the negotiations failing to resolve the matter, failing which the matter will proceed to arbitration as set out below. The mediator shall endeavour to facilitate a mutually acceptable agreement between the Parties and both Parties agreed to pay for the cost of the mediator in equal shares.
20.2.2. Each Party agrees to continue performing its obligations under this agreement while any dispute is being resolved, except to the extent that the issue in dispute precludes performance.
20.2.3. Should the mediation not result in a resolution of the dispute within 14 (fourteen) days of the appointment of the mediator, the Parties shall submit the dispute to arbitration. The Parties shall agree on an arbitrator within 7 days of the failure of the mediation. Should the Parties fail to agree on the arbitrator, the arbitrator shall be appointed by the Chairperson of the Arbitration Foundation of Southern Africa.
20.2.4. The arbitration shall be conducted in an informal manner in Cape Town and the Parties shall be entitled to have legal representation. The arbitrator shall ensure that the dispute is resolved quickly and in a cost-effective manner and shall stipulate the time frames by which the parties must make written submissions and any other procedural requirements that the arbitrator deems necessary. The arbitrator shall have the power to call for any and all information and documents required to arbitrate the matter. The arbitrator shall also make a ruling regarding the costs of the arbitration proceedings.
20.2.5. Any one of the parties will be entitled to approach the Court to make the arbitration award an order of Court. In addition, we may, on an urgent basis, approach the Court for relief, and the parties waive compliance with time periods and/or notices during or in respect of such process.
20.2.6. Any Party aggrieved by the decision of the arbitrator will have the right to review the decision of the arbitrator by the High Court but must institute the necessary proceedings within 90 days of the arbitrator’s decision, failing which the arbitrator’s decision will be final and binding on the Parties.
20.2.7. That Parties understand that Section 34 of the Constitution of the Republic of South Africa gives everyone the right to have “any dispute that can be resolved by the application of law decided in a fair public hearing before the court or, where appropriate, another independent and impartial tribunal forum” (“the Section”) and that they are satisfied that the submission to negotiation, mediation, and arbitration as provided herein complies with the Section and is not void as it is not an ouster clause which precludes the right of access to the courts.
20.2.8. Clauses 20.2.1 to 20.2.6 is a separate, divisible agreement from the remaining clauses of this agreement and will remain in effect, even if this agreement is terminated, nullified, or cancelled for whatever reason or cause.
SECTION 20 – CHANGES TO TERMS OF SERVICE
21.1. You can review the most current version of the Terms of Service at any time on this page.
21.2. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.