Terms & Conditions
Terms of sale
By accessing, using any functionality or making a purchase through this website (“the site”) or making any purchase from Digital Divide, you, the customer, enters into the following agreement with Distant Star Trading 429 CC t/a Digital Divide (“Digital Divide”, “us”, “we”).
- You agree that quotes and invoices are not valid without these terms of sale and that you have read and understood these terms in full.
- All information on the site and on our price guide should be treated as an invitation for you to make an offer to purchase and we remain entitled to reject any offer to purchase without giving reasons.
- A quote is a requirement in order to make payment and to make a purchase. There are no exceptions and should a payment be received without a valid quote number, or should an incorrect or incomplete payment be made, the payment will be rejected and be refunded to a South African bank account.
- You agree that we resell products and services on behalf of our suppliers. We shall not be held responsible or liable for any claim arising as a result of warranty issues, damages or losses that has occurred through the use of products. You further agree that all responsibility lies with the manufacturers or the original South African suppliers of these products, and that we have made no guarantees or warranties to the appropriateness of any product. Our sole responsibility will be to communicate to the supplier, and to consider the return of the product to our original South African supplier for inspection. The delivery and collection costs are the customer’s responsibility. Software related issues, any attempt to modify the function of appearance of a produce, or any damage to the unit will void all warranties on the entire unit, and on all products that have been purchased. Wear and tear is not covered by a warranty.
- Suitability of goods: we do not warrant the suitability of goods. Please check the suitability of products with the manufacturer before purchasing. When making a purchase, the customer agrees that he/she has made the necessary enquiries to ensure that the product suits his/her needs, requirement and specifications. The user agrees that by purchasing a DSP license (of any software), that the user is (a) a system builder and (b) that the software will be used for new computers. The user agrees to return such (unused) software immediately if a license is incorrect for a refund or replacement of the correct license.
- Payment: all payments are in advance, by bank transfer or by cash into our account or via the PayFast portal at the check out.
- No Cheque payments: You agree not to make payment by cheque without receiving prior written permission from a manager. If payment has been made by cheque without permission, no goods will be released until the cheque has cleared in our account, which may take up to 10 working days or longer. The original order will be cancelled immediately, and a new quote will be issued for the products with updated pricing when the cheque has cleared our account, at which point, any price difference will have to be paid or refunded.
- Credit Card Payments: we do not accept credit card payments. You may pay using your credit card through your bank, the internet or ATM by doing a “credit card transfer” from your linked account.
- Collections and cash on delivery (COD): all payments are to be done in advance before delivery is made.
- Warranties: All warranties are covered by our original South African suppliers only; this may not always be the same as the manufacturer warranty. The warranty period is different for each component and brand. Software and consumables, such as ink, paper and media are not covered by any warranty. All warranties, unless stated otherwise, are carry-in: products are to be sent to us (or the original supplier if an option to do so exists) at the customer’s own expense, and the product is to be collected at the customer’s own expense. Batteries that are included with any device as well as LCD/LED screens are covered for 3 months, irrespective of the products’ warranty. This may be extended to a maximum of 12 months by the supplier. Defective pixels on screens are not covered by a warranty if it falls within the acceptable range of 30 defective pixels. This number differs between brands and suppliers, and the South African supplier may reduce this number.
- Warranty periods: The original South African supplier is responsible for the warranty on their own products. If the original South African supplier is not able to cover a warranty for any reason, then we will not be obliged to cover the warranty for any reason, for any extended period of time whatsoever. From time to time, our suppliers change their warranty conditions and periods, and these conditions become effective immediately and override any warranty period indicated on our own invoices. Only the original suppliers’ warranty period, as indicated on their original invoice to us from our supplier, is valid at any given time.
- On-site warranties: All on-site warranties are covered by the original South African supplier only and not by Digital Divide. Any on-site warranty that has been purchased with a product always defaults as to being a suppliers’ on-site warranty without exception, and we are under no obligation to cover this warranty ourselves at any time.
- Extended warranty: All extended warranties are covered by the original South African supplier or by the original manufacturer’s representative in South Africa Only. We do not offer any form of extended warranty on any product and do not cover any warranty ourselves. It is not possible to purchase or to receive such an agreement from our company unless we have made such a sale on behalf of our supplier. Any extended warranty cover that is indicated on our invoices and/or quotes always defaults as being suppliers’ extended warranty without exception, and we are under no obligation to cover this warranty ourselves at any time.
- Warranty exceptions: Warranty does not cover physical damage of any sort. Damage that is not covered by a warranty includes, but is not limited to physical damage, burnt components, lightning and surge damage. If a supplier has agreed to cover such damage then they are responsible for honoring this cover. We will not cover this type of damage of any reason whatsoever.
- Prices and Specifications: Prices and specifications are subject to change without notice.
- Stock availability: receiving a quote does not imply that the items on the quote are in stock and customers must enquire about stock availability before making payment. Stock availability confirmation is only valid at the time when the enquiry was made, stock cannot be held and will continue to be sold on a first come, first served basis. Any payment received is not applied as payment towards any specific product or quote, even if it is indicated to us that it is towards a specific quote, but is always treated as an available credit towards any past, current or future purchase. If the credit is used to make future payments, the credit will be used to pay for products at the price for which the products are being sold at the that time.
- No stock available: Stock availability is not guaranteed. If stock is not available for any reason, then the quote becomes null and void since the product on which the quote was based is no longer available. Quantities are limited at the suppliers. Even after payments have been made, products may have been sold, stolen, damaged or may have been reserved for other companies before our order could be placed with them. In such a case, the quote becomes null and void, and the payment becomes a credit. The only option is a full refund.
- Order on request products: “Order on request products” are products that need to be ordered for a customer. These are products that may not always be kept in stock at our suppliers. If a customer has paid for a product that has been sold (out of stock) and the customer has refused a refund, or the customer has indicated to us that they would like to wait for new stock to arrive, then the product becomes an “ order on request” item. Should an item be “order on request”, the price which was initially quoted is only valid for 24 hours and is subject to change. Any payment received for the product will be taken as a deposit for the product. When the “order on request product” arrives at the supplier, the new price becomes effective. In the case of a price increase, the difference becomes payable by the customer, or in the case of a price drop, the difference becomes refundable to the customer. We reserve the right to cancel these orders at any time. Special orders: a product that has to be specially ordered may not be cancelled by the customer unless the price has increased by more than 5%, and we have agreed thereto. “Order on request” products that are specially ordered are not returnable and are non-refundable once they have been received.
- Specials, promotions and open box promotions. Products that are on special, are on promotion or that is sold as “open box” are available for a limited period of time, and are only valid while stocks last. All such products are sold on a first pay, first sold basis. Once these products have sold out, no replacement will become available. Any promotion product returned within 7 days will be entitled for credit, subject to our other terms, and no replacement will be made available. No credit or refunds are issued after 7 days on any promotion product. Open box products are products where the box has been unsealed and opened, or where the product has been removed from the original box. These products are normally discounted, or are bundled with other products. The box may have been opened for a number of reasons and this may include, but is not limited to the following: the product was used as a demonstration unit. (this would be sold as a demo unit) the product may have been returned by another customer within our terms of sale (the unit would have been confirmed as authentic, would have been tested, repaired if required, and reset to the original factory defaults by the original supplier of the product) or may have been purchased as an “Open Box” product from the supplier. A reduced warranty period may apply to the product.
- Courier and delivery charges: unless otherwise stated, courier and delivery charges for the transport of goods to the customer, or for the return of goods to us, becomes payable by the customer. Delivery charges are not refundable. Should a customer return a product using our account, the amount then becomes payable by the customer, and goods will be held, or sold, to recover such costs.
- Sending orders and confirmation of receipt – All information on the site and on our price guide should be treated as an invitation for you to make an offer to purchase (“the order”) and we remain entitled to reject any order without giving reasons. An order, once sent to us cannot be withdrawn unless we agree thereto. Although our site is set up to confirm receipt of your order (“confirmation”), technical or other problems may delay or prevent such confirmation. If you have not received confirmation from us shortly after sending your order, you should contact us immediately. DO NOT re-submit your order as this may lead to a duplicate transaction for which you will remain liable. If you place your order via another site you should ensure that you have received confirmation from us. Confirmation does not mean that the transaction has been concluded, it merely serves to confirm that your order has been received by us. A transaction is only concluded once we have shipped the goods to your specified address on receipt of payment. We reserve the right to verify your identity and to conduct credit checks.
- Trials – No goods are sold on a trial basis
- Cash refunds –we do not issue cash refunds
- Errors (mistakes) on our website and/or other communication from our company: you may be entitled to a credit on the product, subject to our approval and subject to the rest of our terms of sale. You agree that only a credit for the product will be issued by us, and that no other product or service will be offered as a replacement. Courier charges and the risk to return the product to us will be your responsibility, unless we have agreed to pay these charges.
- Credit and returns – credit notes will be considered for returned goods, if the goods have been received by us within 7 (seven) calendar days of invoice. All items returned attract a minimum of 15% restocking fee, or a percentage equivalent to that charged by our suppliers if their charge is higher than 15%. All goods returned are to be correctly packaged. Specifically, goods must be returned in the packaging in which they were received, with all outer boxes and inner packaging intact (sealed and re-saleable). Items that are not correctly packaged will attract a minimum 20% handling charge. We may refuse to give a refund on products that have been opened, used, installed, damaged or that are not correctly packaged. Software cannot be returned. If the customer has used the product, installed or activated any software on the product, we reserve the right to charge rental for its use. There is a minimum charge of 20% of the value of the product for the first 7 days (the minimum charge is for 7 days), and 10% per week there after (charged per full week). The rental charge applies from the date of invoice to the date we receive the product at our premises, rounded up to a full week. The rental fee will exclude additional charges (which becomes payable by the customer) which includes, but is not limited to, the full cost of any repair required to be done to the product, any support given, re-packaging, and the full cost of any activated software. No credits will be issued after 7 (seven) days.
- Exclusions for credit – no credit will be issued on printer cartridges, software and CD’s
- Returning of goods – if you return goods, or cancel an order once goods have been shipped, you agree to pay for all the shipping costs we have incurred in sending and receiving the goods. If a product has been returned, then we reserve the right to either reject the return, to charge a restocking fee and/or charge rental for the use of the product.
- Waiting period on warranty returns – the minimum waiting period for the replacement of warranty items is 48hrs after return. This may be extended due to the availability of stock from the manufacturer or base supplier.
- Repair warranty: all items brought into the workshop for repair purposes carry a 90-day warranty. The warranty period will commence from invoice date.
- Failure to collect repaired goods – any repairs that are not collected after 45 days will be disposed of without further notice.
- Damage and defects on returns – damage and defects which are in our opinion directly caused by incorrect or improper use, neglect, power surges, lightning damage, or mishandling by the customer are specifically excluded from any warranty or guarantee given or implied. Removal or damage (including tampering) to any barcode or serial number voids the warranty.
- Completion of work: any software configuration, installation or virus removal carried out and demonstrated to the customer as working correctly is considered from that stage as completed task. If a similar fault occurs they will be treated as chargeable and will form a new contract.
- Classified data – if a system is returned under warranty we cannot guarantee the safety of any classified data. It is the customers responsibility to back up all data including application programs prior to returning any system to our stores
- Manufacturer’s extended warranties – manufacturer’s own extended warranties are to be used by the customer directly with the manufacturer.
- We are not liable for any consequential loss or expenses, however caused, including incidental return costs.
- Goods supplied as gifts or for free - if the words “free”, “gift” or a currency value of zero appears next to an item, then these items do not carry warranties unless it has been clearly specified that such a warranty does exist on that item. The warranty terms must appear next to that item on your invoice. General warranties do not cover these items, even if any other reference to warranty periods appears on your invoice or quote. Our only obligation will be to check the item to see if it does work or not. All replacement costs, repair costs and delivery costs will be to the customer’s account.
- In the event that a system or hardware is sent to us under guarantee and it is discovered that the fault has arisen due to misuse, neglect, mishandling, incorrect or improper use, we may, at our discretion, charge for carriage and/or labour.
- In the event that a system or hardware is sent to us under guarantee and it is discovered that the system is functioning as intended, we may, at our discretion, charge for carriage and/or labour.
- In the event that a system or hardware is sent to us under guarantee and it is discovered that the fault has arisen as a result of a software issue, we may, at our discretion, charge for carriage and/or labour.
- New components installed as the result of an upgrade will have a one year warranty from the date of their purchase. All existing components would have a warranty that dates from their original purchase.
- Hardware and software bugs are the responsibility of the hardware or software manufacturer
- Any queries regarding a purchase must be reported by the next working day. This includes, but is not limited to, omissions (hardware, software, manuals etc.), invoicing, and charging or payment queries.
- We do not accept liabilities for any unforeseen hardware failure that occurs while a system or hardware components are in our possession.
- We reserve the right not to install, reinstall or test any software that we suspect may be pirated or obtained through any illegal means
- Late payments on credit purchases – all purchases made on credit, or on a credit account must be paid within 30 days from the date on your invoice, bill or statement, whichever is first or whichever applies. Upon failure to pay within 30 days, the full outstanding amount will attract interest at 2% per month, calculated on a daily basis. Payments received will be used to pay the interest portion of your account first and the remaining portion of your payment will pay the capital on your outstanding balance. Any remaining balance will continue to attract interest until fully paid.
- Debt collection – if a customer fails to pay after 60 days or is unlikely to pay within an agreed period, the services of a debt collector may be used to collect the amount owed as well as any accumulated interest up until that date. A minimum “debt collection fee” of 25% will be added to the invoice amount plus the accumulated interest. There is no maximum fee. You agree that all hardware and software remains the property of Distant Star Trading 429 CC until full payment has been received by us, that we reserve the right to recover unpaid goods and that we may charge rent for their use. In addition, you agree to pay any additional expenses that our company has suffered in order to recover and resell these goods.
- No representations or warranties – the site and the information on the site are provided are “as is” and we do not make any express, implied representations or warranties with regard thereto. Without limiting the generality of the foregoing, we disclaim all implied warranties in respect of merchantability or fitness for a particular purpose. We do not warrant that the site or the information on the site: (a) will be error free; (b) will meet any particular criteria of accuracy, completeness or reliability, performance or quality; or (c) will be free of viruses or any other data or code which has the ability to corrupt or adversely affect the operation of your computer, data or network.
- Right to amend this agreement – we reserve the right to amend these terms and conditions at any time. All amendments to these terms will be posted on the site (“current version”). Whenever you access the site you will be bound to the current version. You may terminate this agreement by written notice to us if you do not wish to be bound by the current version. Unless otherwise stated the current version shall supersede and replace all the previous versions of the terms and conditions. A print-out signed by the webmaster responsible for maintaining this site will serve as prima facie proof as to the date of publication and content of the current version.
- General severability: if any of the provisions of these online terms are not fully enforceable for any reason, the remainder will nevertheless continue to apply.
Jurisdiction and governing law: unless otherwise specified, the goods and services offered on this site intended from citizens of the Republic of South Africa only. The online terms shall be governed by and interpreted according to the laws of the Republic of South Africa without giving effect to any principles of conflict of law.
Notices and address for service: for purposes of these online terms Digital Divide will receive legal service of any formal notices or court process at the physical address specified on its website from time to time and you agree to receive same at your specified address.
All products and services fall under our Terms and Conditions. It is assumed that the customer has read and understood the Terms and Conditions prior to engaging in any business transaction in the company.