Terms and Conditions
1 Introduction
1.1 These Terms apply when you, as a customer, buy any product or service from Techaholics either in store or online and constitute a valid and binding agreement between you and Techaholics
1.2 By using our Website, or by purchasing any of our Products or Services, you agree to comply with these Terms without modification. You further agree that by purchasing good or services from us, it is presumed that you have read and understood these Terms and that you agree to comply with them
Customer Acknowledgment
These Terms constitute a binding contract between the Customer and Techaholics The Customer acknowledges agreement and acceptance of these Terms by making a purchase, placing an order or otherwise shopping on our Website (the “Site”). These Terms are subject to change without prior notice.
2 Privacy and Personal information
Any information about you, your email address, your purchases, etc. is kept confidential and NOT given or sold to ANY third party for ANY reason (unless required by a government office or by a court order). This includes your email.
2.1 During the interaction between you and Techaholics. Techaholics may collect and process your personal information (as defined in the Protection of Personal Information Act, 2013). In certain circumstances, your submission of your personal information may be necessary for you to purchase goods, use our services, or access our Website.
2.2 Further information with regards what we do and how we protect your personal information can be found in our Privacy Policy.
3 Products and Services, Product Specifications and Representation
3.1 We have made every effort to ensure that the information on our Products displayed in Store, in our promotional material, on our Website, or any other form of communication to you, is accurate.
3.2 While we use our best endeavours to ensure that the image representing the Product, the features, descriptions and specifications pertaining to the Product are correct, the actual Product may be subject to variations in appearance as the packaging may differ over time, or colour representation in marketing material may depend on the medium on which the image is displayed.
3.3 In the event that we identify an inadvertent and obvious error in the Product description, price, or image, we will not be obliged to provide the affected Product to you. We will correct and notify you of any errors as soon as is reasonably practical.
3.4 You are responsible to ensure that the Product received by you is the correct Product as selected or ordered. If you have received the incorrect product, you must notify us within 10 business days of you receiving the product to allow us to correct the error. You are entitled to cancel the transaction and receive a refund within the 14 business day period.
3.5 If you are not satisfied with the Product that you purchased, you may return it to us, subject to the returns and refund provisions in these Terms.
3.6 It is important to note, that due to the nature of electronic goods – certain items are non-returnable for a multitude or reasons, such as (but not limited to),
3.6.1 Items not permanently marked or items that have easily changeable serial number, IMEI, bar codes, Tags,
3.6.2 Batteries – Which are factory tested and verified as fit for use prior to despatch from our supplier network – These such items are non-refundable and non-returnable
3.6.3. Electronic goods that do not contain a tamper proof sticker and can easily be opened and tampered with.
3.6 Where a Service is rendered by a third party, we may nevertheless invoice you for their services to ensure a single contact point and to ensure a smooth customer journey. However please note that when Services are performed by a third party (even if we invoice you directly), we will not be liable for the obligations of a third party – you will only have a claim against the service provider directly.
3.7 Returns and Refunds: Returns in case of Change of Mind or Mistake by Consumer. In the event of consumers wanting to return goods because they have changed their minds or purchased the incorrect product due to an error or mistake on their part, we are not obliged by law to accept returns and refund monies. However, where we choose at our sole discretion to accept such returns and refunds out of goodwill, such goods must still be in their original condition and packaging and may not have been used. You will also be required to present the original tax invoice.
By law, the goods we exclude from the returns and refund policy are:
- goods which are not inherently unsafe, there is no material defect in the goods, or the goods have failed while being used contrary to instructions or not for the indicated intended purpose;
- goods we do not ordinarily stock and have been purchased by way of special order will only be replaced if defective;
- goods which have been partially or entirely disassembled, physically altered, permanently installed, affixed, attached, joined or added to blended or combined with, or embedded within, other goods or property (including changing plugs, extending cords, or unscrewing any fastener;
- goods which have been intentionally or unintentionally damaged by the consumer, for example, by exposure to the elements, use of force on the product to replace batteries and other consumables, or used commercially when sold for domestic use only.
What if the goods are unsuitable for the purpose I initially bought them for?
As stated above, it is the consumer’s responsibility to familiarize themselves with the intended purpose of any goods stated on the packaging and there is no right to return any goods because they are unsuitable for another purpose than that stated on the packaging and in user documentation;
If however you indicated a particular purpose for which you intend using the goods to a salesperson who confirmed in writing e.g. on a quotation, that you will be able to use the goods for that purpose, you may return the goods within 5 working days after you purchased them if it turns out that the goods are not suitable for the purpose you anticipated and indicated to the salesperson.
Subject to our rights in law to charge you for use and to get the goods fit for re-stocking, we will give you a refund in credit form.
What can I do if the goods are defective?
If your goods turn out to be materially defective within the first 6 months after you received them from us, we will repair them, replace them or give you a refund in credit as per the suppliers warranty and limitations.
Due to the technical nature of most of the goods we sell it is not be possible to determine in-store whether goods have been damaged or what the cause of a failure or defect may be. This is of importance as it determines whether the goods may be repaired, replaced or refunded under warranty. Accordingly, we reserve the right to refer returned goods for technical assessment by the manufacturer or authorized service centre prior to repairing, replacing or refunding and to provide you with feedback within 21 working days of receipt of the returned goods and to act accordingly.
If the goods fail or a defect manifests after the initial 6 month period from the date of sale thereof, in most cases the normal manufacturer’s warranty’s will apply as stated in the documentation provided with the goods, however, these are not guarantees offered by us and all decisions, repairs, replacements and refunds are undertaken by the manufacturer or importer at their discretion and all complaints in respect thereof should be directed to them.
If the goods become defective once the manufacturer’s warranty has expired, we can in most cases arrange with the manufacturer or its agents to repair them. No repairs will be done without you approving a quotation first.
Are there any conditions that apply to manufacturers’ warranties?
As with all warranties, certain conditions and exceptions apply.
Please take proper note of any terms or instructions that accompany your goods and make sure that all instructions are strictly followed as a failure to do so will result in the warranty being voided.
Goods that show a manufacturing defect within the first 6 months of purchase will be repaired, replaced or refunded at the supplier’s discretion.
Defects that develop after 6 months may be repaired, replaced or refunded at the manufacturer’s election, and subject to the relevant manufacturer’s policy or extended warranty.
The nature of the goods (size, technical specifications, etc.) often dictates where the repair will take place. For example, on site or at the manufacturer’s premises.
In what instances will the manufacturer’s warranty not apply?
The manufacturer’s warranty will only apply to defects in the process of manufacturing the goods and will not apply in the following instances:
- damage caused by lightning or power surges.
- goods used for a purpose other than the purpose for which they were manufactured.
- goods used contrary to their instruction manuals, such as misuse or abuse of the products
- accidental damage.
- Goods that have been partially or entirely disassembled or physically altered.
How will I be refunded?
Once we have accepted a return and approved a refund, you will receive the refund in the form of a refund via the method in which you paid (As is dictated by Visa/Mastercard/American Express and Diners Club), or via cash EFT to your bank account, by which your bank account details will be required in order to process such a refund.
Repaired Goods
There is an implied warranty on goods repaired out of warranty, which places an obligation on suppliers to warrant all new and reconditioned parts installed, for three months, in all repair work undertaken after the date of installation or longer, as the supplier may specify. Please note that we are not the repairer’s of any goods brought in to us for repair and this warranty is between you the consumer and the service agent or service centre although we will as far as is reasonable assist you in dealing with them.
4 Pricing and availability
4.1 Product stock is subject to availability.
4.2 Prices displayed in Store, on the Website, in all communications, and on marketing material are correct at the time of such display and when viewed by you.
4.3 We may limit the quantity of any Product that you are allowed to purchase, either in store or on our Website during promotional offers. Any such limitations will be clearly specified.
4.4 All prices shown on our Website are quoted in South African Rands and are valid and effective only in the Republic of South Africa.
4.5 All prices displayed are inclusive of VAT.
4.6 We reserve the right to change displayed pricing, however you will be charged the displayed price unless there is an obvious and inadvertent error in the price and we inform you of the error.
4.7 We do not reserve Products for customers unless we have received full payment, unless you have entered into a lay-by arrangement with us.
5 Website purchases
5.1 To order a Product online, you may be required to register a profile. Registering on our Website does not oblige you to order any Product.
5.2 To register you will be required to provide certain information including personal details, payment card details and your delivery address. When registering you will be required to choose a UserID and a password, please keep your password private. We will not be responsible for any harm or loss suffered as a result of someone other than you using your password as it is your responsibility to keep your password safe.
5.3 If another person has used your account to purchase any Product without your consent, you must notify us within 24 hours.
5.4 You may be required to enter your user ID and password each time you visit our online shopping site, unless you are transacting via a “Guest account”
To amend any registration particulars please click on “Account” and edit your details.
5.5 By submitting an order online, you:
(1) confirm that you are over the age of 18 or have legal capacity to enter into a transaction with us;
(2) confirm that, in order to fulfil your order, we will share your Personal Information with third parties such as your bank and our contracted courier service, only to the extent necessary; and
(3) agree to us investigating any order and confirming any information provided by you in order to prevent fraud.
5.6 Your contract of sale with us is only complete once we have accepted and dispatched your order. You will receive a notification from us once your order has been processed and accepted.
5.7 All products displayed on our Website are subject to availability and will be delivered only within the Republic of South Africa.
5.8 Use of the Website is subject to our Website Use Policy.
6 Payment
Techaholics makes use of a fully PCI DSS Level 1 Certified payment partner, namely PayFast. Techaholics does not store or have any access to any of your personal payment information.
6.1 Products or Services purchased by you must be paid in full before we will deliver the Products or Services.
6.2 You may pay for Products or Services either online, via our website
6.3 Online purchases must be paid by credit card, debit card or electronic funds transfer (EFT) or via any available tender types elected by us to ensure ease of payment for your goods. Orders paid for by EFT will only be processed once the payment reflects in our bank account which can take up to 1-2 business days. No orders will be dispatched unless positive funds are reflecting in our bank account. Due to the fraudulent nature of false Proof Of Payment documents – we will only reserve the products selected on submission of a proof of payment – items will not be dispatched prior to funds positively reflecting in our bank account.
7 Special orders / Custom Payment Arrangements
Due to the nature of our products and customer demand, we can accept a lay-by deposit in order to procure, reserve or apportion our products or services. In such a case, our sales office/representatives are required to issue you with a document which outlines the full payment arrangement and will require a signature alongside a copy of any documentation proving your identity. In such an arrangement, we will only accept payment by the respective and duly authorised account holder for the payment instrument used (i.e. Credit Cards, we will only accept payment by the credit card holder, whereby we reserve the right to request identification to prove card holder validity)
7.1 Such Special orders will require a minimum non-negotiable deposit of 25% to be processed, in order to qualify.
7.2 We reserve the right to apply a cancellation fee of up to 100% of the deposit if you cancel a Special Order when work has already commenced on the order or
8 Collection & delivery
8.1 Orders will be delivered after full payment has been processed and received by us.
8.2 We will only deliver Products into the Republic of South Africa. A delivery charge will be applicable
8.3 We make use of a third-party courier to deliver any Products and, as such, the delivery process is not entirely within our control. While we use our best endeavours to ensure that a Product is delivered within the lead time suggested on the Website, such a lead time is an estimate only.
8.4 It is your responsibility to ensure that the personal information provided by you, including the delivery address, is correct. We are not responsible for deliveries to an incorrect address.
8.5 We will deliver any ordered Product to the designated delivery address provided the truck can reach your location safely (condition of the road, ability to manoeuvre, …). At the off-loading point, full risk passes to you and we are not responsible for storage, assembling, or installation of the Product.
8.6 You need to inform us about any Product missing or damaged within 24 hours.
8.7 When collecting all orders must be collected in full. Partial collections will not be allowed.
8.8 It is your responsibility to ensure that your vehicle is fully equipped and has the capacity to accommodate the collection of your order in full.
8.9 We reserve the right to refuse loading any Product on your vehicle at collection if we consider there to be a safety risk.
8.10 You need to collect your order within 30 calendar days from the date of the notification to you that your order is ready for collection. After that period, we reserve the right to charge monthly storage fees up to 10% of the value of the Products ordered. If you have not collected your order within three months after receiving the first notification, we reserve the right to cancel your order and refund you with the purchase price less the applicable storage fees. If your order is customised or a special order, we reserve the right to retain the full purchase price.
9 Returns and refunds
In extension to the noted FAQ above on returns and refunds, The following Products cannot be returned:
(1) items that have been customised according to your specifications;
(2) items that are clearly personalised;
(3) items damaged by lightning or any other act of nature;
(4) items purposefully damaged or not used in terms of the Product’s user manual; and
(5) items that are likely to deteriorate or expire rapidly
11.2 Products that are not defective (ie “change of mind”) may be returned to us at your cost within 7 days from the date of purchase for a refund or an exchange provided that:
(1) you have the original proof of purchase;
(2) the Product is unused;
(3) the Product is in its original packaging;
(4) the Product is in a saleable condition; and
11.3 In the unlikely event that the Product you purchase is defective you may return the Product within six months of the date of purchase.
(1) If you return a defective Product that meets these requirements, we will gladly replace, refund or repair the Product at your choice.
(2) We reserve the right to send Products for technical evaluation prior to replacing, refunding or repairing such Products.
9.4 If you purchase the Products online, in terms of section 44 of the ECT Act you are entitled to cancel, without any reason and without any penalty, the purchase of any products within 7 days after receiving the products for a full refund with the exceptions being those items that are factory tested as functional and noted as non-returnable goods (i.e. Batteries, Inverters etc). You will be responsible to pay for the cost of returning the products.
9.5 In the event of a Product return, we may request your personal information, as well as the reasons for the return. The collection and processing of your personal information will be done in accordance with our Privacy Policy.
10 Breach
10.1 If you breach any provision of these Terms, we reserve the right to terminate or suspend any relationship that exists between you and Manly.Tech, and / or prohibit access to our Premises/ website, and / or take the appropriate legal action to recover any loss.
10.2 Neither party will be liable for breach of any of these Terms due to any matter beyond the control of the respective party. This includes fire, natural disasters, acts of God, strikes, lock-outs, wars, riots, civil commotion, government intervention, or an explosion.
11 Remedies
11.1 If you feel that we are not living up to our promises in these Terms, or that we have infringed your rights in any way, you may address a complaint to us by emailing us at info@techaholics.co.za
11.2 When lodging your complaint, include as much information as possible to allow us to deal with it effectively and quickly. In particular, please provide us with the following:
(1) your full names, address, and contact details;
(2) identify in what way we are not living up to these terms or the right that has allegedly been infringed by us;
(3) set out the circumstances and facts that gave rise to the alleged infringement;
(4) the steps you believe should be taken by us to remedy the alleged infringement;
(5) a statement that the information you have provided is correct and truthful; and
(6) a statement that you are acting in good faith.
13.3 We will investigate all complaints which comply with these requirements. On receiving the outcome of the investigation, we will take all necessary steps to remedy the situation, if applicable.