These terms and conditions (hereinafter referred to as the "Terms") govern the sale of Products across a range of categories to the Customer by Delitech (Pty) Ltd t/a Delitech I.T. Solutions (hereinafter referred to as "Delitech").
Capitalised terms used in these Terms shall have the meanings assigned to them herein, unless otherwise specified. Any terms, including Capitalised terms, not explicitly defined within these Terms shall be interpreted in accordance with their commonly understood meaning within the context in which they are used. Unless the context indicates otherwise, (a) singular terms shall include the plural and vice versa, (b) references to any gender shall include all genders, and (c) references to persons shall include both natural and legal persons. Headings and numbering are included for ease of reference only.
Special care has been taken to ensure these Terms align with the provisions of the Consumer Protection Act and the Electronic Communications and Transactions Act.
1. Application
1.1 The Terms apply to the sale of Products across a range of categories, including, but not limited to, accessories, adaptors, cables, components, connectors, consumables, hardware, licenses, parts, peripherals, software, spares, and sundries ("Products") to the Customer regardless of platform.
1.2 This includes, but is not limited to, in-store sales, online sales, electronic sales (including e-mail), telephonic sales, Products sold while providing Services to the Customer (including On-site Services and Workshop Services), or through any other interaction with the Customer.
2. Acceptance of Terms
2.1 By ordering or purchasing Products from Delitech, the Customer acknowledges that they have read, understood, and agree to be bound by these Terms.
3. Changes and Updates to Terms
3.1 Delitech reserves the right to change and update these Terms at any time.
3.2 It is the responsibility of the Customer to review the current Terms prior to ordering or purchasing Products from Delitech. By continuing to order or purchase Products from Delitech, the Customer agrees to be bound by any changes to these Terms.
4. Personal Information and Privacy
4.1 To order or purchase Products, the Customer must provide certain personal information, including their name and contact details.
4.2 Delitech will collect and use this information in accordance with its Privacy Policy and Protection of Personal Information Policy, which can be accessed on the Delitech website at https://www.delitech.co.za/ or obtained by e-mailing legal@delitech.co.za.
4.3 The Customer represents and warrants that all personal information provided to Delitech in connection with their order or purchase is accurate, complete, and up to date.
5. Product Pricing
5.1 All Product prices ("Prices") are subject to change without prior notice.
5.2 Prices exclude delivery and other services, including but not limited to installation and configuration Services.
5.3 Any Services provided to the Customer by Delitech will be subject to Delitech's Terms of Service and charged for.
5.4 In-store pricing may be different from online pricing for several reasons. The Customer cannot insist on paying online prices for in-store products.
6. Payment for Products
6.1 The Customer warrants that they have the financial means to pay for the Products and agrees to do so according to the payment terms stated herein.
6.2 Delitech accepts payment in the form of cash, electronic funds transfer (EFT), debit or credit card (in-store or via Payfast), Mobicred (via Payfast), several popular store cards (via Payfast), or Zapper.
6.3 If the Customer deposits cash (bank notes) directly into Delitech's bank account, a banking fee of fifty rand (R50) will be charged.
6.4 It is the responsibility of the Customer, and first time Customers in particular, to familiarise themselves with Delitech’s payment policy and to verify Delitech’s bank details.
6.4.1 It is the responsibility of the Customer to exercise due diligence and ensure that they remit payment to the correct bank account.
6.4.2 Delitech will communicate changes to its banking details through various channels, including but not limited to its offices, e-mail, SMS, website, and social media pages.
6.4.3 The Customer should disregard any purported changes to Delitech's banking details that are not in accordance with this policy.
6.5 The Customer's account will remain outstanding and payable until payment is received and credited in full to Delitech's bank account.
6.6 Delitech reserves the right, at its sole discretion, to refuse to accept, process, or honour the Customer's payment and to cancel any transaction, including any transaction for which the Customer has already made payment (in this event, Delitech will refund the Customer). This may include, but is not limited to, circumstances beyond Delitech's control or for any other reason.
6.7 All Products remain the property of Delitech until paid for in full.
6.8 Delitech reserves the right to hand over unpaid accounts for collection, incurring administrative and legal fees, which will be for the Customer's account.
7. Quotations
7.1 All quotations provided by Delitech are valid for one (1) business day only, unless stated otherwise.
7.2 Delitech reserves the right to cancel quotations at any time, including in the event of a major supplier Price change, Pricing error, or if goods become out of stock or "end of life", or for any other reason.
8. Subject to Availability of Stock
8.1 All sales are subject to the availability of stock.
8.2 By displaying goods in its marketing materials, including but not limited to on its website, social media pages, or any printed materials, Delitech does necessarily imply or otherwise guarantee that stock is readily available.
8.2.1 Certain Products may be available on order only. Delitech will inform the Customer if this is the case.
8.3 Upon the Customer placing an order, Delitech will verify the availability of the items, including the specified quantities.
8.3.1 If the requested stock is unavailable, Delitech will notify the Customer. Where applicable, Delitech will issue a refund to the Customer in accordance with its Returns & Refunds policy.
8.4 The phrases "Typically available from warehouse" and “Warehouse order” shall be understood to mean:
8.4.1 The stock may not be immediately available for dispatch;
8.4.2 The stock can generally be sourced from one or more supplier warehouses, subject to availability;
8.4.3 Ordering such stock may extend the lead delivery time to the Customer by an additional 1-2 business days; and
8.4.4 By ordering such stock, the Customer acknowledges and agrees to the foregoing terms.
9. Product Images
9.1 Product images are for illustration purposes only.
9.2 Products may vary from Product images.
9.3 The Customer must not rely on Product images when selecting Products in terms of features, including but not limited to physical appearance, colour, texture or size. It is the responsibility of the Customer to consult with Delitech prior to ordering or purchasing Products.
10. Payment Terms
10.1 In-store Purchases
10.1.1 All orders below five thousand rand (R5000) are subject to a deposit of fifty percent (50%).
10.1.2 All orders above five thousand rand (R5000) are subject to full payment in advance.
10.1.3 The Customer's order will be on hold until payment of the deposit is received and credited to Delitech's bank account.
10.2 Online Purchases
10.2.1 All orders are subject to full payment in advance.
10.2.2 The Customer's order will be on hold until payment is received and credited in full to Delitech's bank account.
10.3 Delitech will process the Customer’s order only upon confirmation of payment.
10.4 Refund in the event of Cancelling an Order - General
10.4.1 The Customer may cancel any order, including special or import orders, within seven (7) days of the invoice date.
10.4.1.1Late order cancellations are not eligible for a refund under these Terms.
10.4.2 All unfulfilled orders, except for special or import orders, ("Standard orders") are eligible for a full refund.
10.4.3 Refunds for special or import orders are subject to a cancellation fee of twenty-five percent (25%) plus costs, e.g., assembly fees, handling fees, forex fees, shipping fees, etc.
10.5 Refund in the event of Cancelling an Order – Unreasonable Delivery Delay
10.5.1 Standard orders are typically ready for collection/delivery in 3-5 business days as of the invoice date unless otherwise stated.
10.5.2 Special or import orders are typically ready for collection/delivery in 14-21 business days of the invoice date unless otherwise stated.
10.5.3 Delitech will notify the Customer if it expects any delays.
10.5.4 If a Standard order is being unreasonably delayed, the Customer may cancel the order for a full refund.
10.5.5 If a special or import order is being unreasonably delayed, the Customer may cancel the order. Refunds for special or import orders are subject to a cancellation fee of twenty-five percent (25%) plus costs, e.g., assembly fees, handling fees, forex fees, shipping fees, etc.
10.6 Refund in the event of a Product being Out of Stock or End of Life
10.6.1 If a Product (excluding special or import orders) is out of stock or end of life, the Customer may cancel the order for a full refund, or the Customer may cancel the out of stock or end of life Product on order for a refund on that Product.
10.6.2 In the case of special or import orders, the Customer may cancel the affected Product for a refund on that Product.
11. Collection / Delivery
11.1 Delitech will notify the Customer when their order is ready for collection / delivery.
11.2 It is the responsibility of the Customer to advise Delitech if a third-party will be collecting their order on their behalf. In the absence of such notification, Delitech reserves the right to refuse to release the Customer's order to any person.
11.3 Delitech reserves the right to require proof of identity from the person collecting the Customer's order.
11.4 The Customer must collect their order within seven (7) days of being notified that it is ready to collect. If the Customer fails to collect their order within this period, Delitech may on-sell the order or return it to the supplier, subject to the order cancellation terms stated herein.
11.5 All orders must be signed for upon collection.
11.6 The Customer may opt for delivery of their order subject to a delivery fee. Delitech will quote the Customer for delivery using a suitable courier according to the Customer's delivery preferences.
11.7 Most couriers typically deliver to major towns and cities in 2-3 business days. Delivery to rural and outlying areas may take longer (3-5 business days).
11.8 Unless otherwise stated, the delivery fee excludes insurance for damage to or theft of the Customer's order that may occur during transit. As such, it is the Customer's responsibility to arrange for insurance for their order. Delitech will quote the Customer for insurance upon request.
11.9 Once the Customer's order has been collected by the Delitech's couriers, Delitech will provide a tracking number to the Customer.
11.10 The Customer must follow up directly with the courier in the event of any delivery delays. The Customer shall not summarily cancel their order with Delitech on the basis of delays on the part of the courier.
11.11 The delivery fee excludes delivery and other services, including but not limited to installation and configuration Services.
11.12 Any Services provided to the Customer by Delitech will be subject to Delitech's Terms of Service and charged for.
12. Refund in the event of Returning a Product - General
12.1 Special and import orders are not eligible for return.
General Returns – In-Store Purchases (Consumer Protection Act applies)
12.2 There is no general right of return for Products purchased under the Consumer Protection Act ("CPA"), i.e., in-store purchases.
12.2.1 No such Product is eligible for a refund unless at least one of the following requirements is met:
• The Customer was unable to inspect the Product.
• The Product was sold to the Customer through direct marketing.
• The Customer informed Delitech in writing of the purpose for which the Product is required or intended use, and/or any product-specific requirements, and the Product is not fit for that purpose and/or does not meet the stipulated requirements.
• The Product fails to meet the requirements of the implied warranty within six (6) months of the invoice date.
General Returns – Online Purchases (Electronic Communications and Transactions Act applies)
12.3 The Customer may, within seven (7) days of the invoice date, return Products purchased under the Electronic Communications and Transaction Act ("ECTA"), i.e., online purchases in their original, sealed packaging for a full refund.
12.4 All other returns are subject to a handling fee of ten percent (10%).
12.5 All returns are subject to inspection. This may take 3-5 business days for in-store inspection or 14-21 business days if Delitech must send the Product to the supplier for inspection.
12.6 No Product is eligible for a refund if it is unfit for resale, including, but not limited to, damaged or missing accessories, brochures, leaflets, media, packaging, parts, having been assembled/installed/used etc.
13. Refund in the event of Returning a Product – Not Compatible/Not Meeting Requirements
13.1 It is the Customer's responsibility to check specifications, verify compatibility, and/or to advise Delitech in writing if the Customer has specific requirements regarding attributes, features, or intended use.
13.2 If the Customer has advised Delitech accordingly, and the Product is not compatible and/or does not meet the stipulated requirements, the Product is eligible for a refund.
14. Refund in the event of a Defect/Failure to Meet Requirements of Implied Warranty within 6 Months
14.1 The Customer may, within the first six (6) months of the invoice date, return any defective Product or any Product that fails to perform within specified parameters or meet quality standards for a full refund (excluding special or imported orders) provided the Product was not used in a manner or setting contrary to the manufacturer's specific directions or otherwise misused.
14.1.1 Any defect must be substantial and material. For example, a headset that does not sit comfortably is a personal experience and not a defect.
14.1.2 The Product must be returned with all its accessories and parts.
14.2 The following will not be considered a defect:
• Faults arising from normal wear and tear.
• Damage arising from negligence, misuse, or abuse.
• Damage arising from electrical surges (including "load-shedding") or sea air corrosion.
• Damage arising from inadequate care or improper cleaning.
• Damage arising from unauthorised alteration, modification, or service.
• Damage arising from incomplete or improper configuration or installation.
14.3 Delitech will return the Product to the supplier for inspection and refund the Product as soon as the manufacturer authorises the return ("RMA"). This process may take 14-21 business days. (Under the CPA, the Customer may also opt for repair or replacement).
15. Return in the event of Delivery of Incorrect Products
15.1 If Delitech delivers one or more incorrect Products, do not open the packaging, and do not remove any labels.
15.2 Please contact Delitech within seven (7) days to arrange for collection of the Product(s).
15.3 The Customer may opt for a full refund or delivery of the correct Product(s).
16. Return in the event of Delivery of Damaged Products
16.1 Damaged outer packaging in and of itself does not mean a Product is damaged. Damage to a Product must be obvious or otherwise demonstrable for it to be eligible for a refund.
16.2 If Delitech delivers one or more damaged Products, please take timestamped images of the outer packaging, inner packaging, and the damaged Product(s).
16.3 Please contact Delitech within seven (7) days to arrange for collection of the Product(s).
16.4 The Customer may opt for a full refund or replacement of the Product(s).
17. Refund Procedure
17.1 The Product(s) must be returned to Delitech in accordance with Delitech's Returns and Refunds Policy which can be accessed at https://www.delitech.co.za/ or obtained by e-mailing legal@delitech.co.za.
17.1.1 The Customer may return the Product(s) to Delitech in-store, or contact Delitech to arrange for collection, in which case it is the Customer's responsibility to adequately package the Product(s):
(a) The Product(s) must be packaged, in its original packaging, in another container with as much padding and protective packaging as possible to ensure the Product(s) is/are not damaged in transit.
(b) If one or more Products are damaged in transit because they have not been
packaged properly, those Products are not eligible for a refund.
(b) The original invoice or a clear copy of the original invoice must accompany the Product(s) upon return.
17.2 Except where the Customer opts for repair or replacement under the CPA, the prescribed "Refund request" form must be completed in full.
17.3 The Product(s) will be processed in accordance with Delitech's Returns and Refunds Policy (including any timeframes).
17.4 Upon approval, the refund will be paid in accordance with Delitech's Returns and Refunds Policy.
17.5 If the refund is not approved or if the refund is only partially approved, Delitech will provide the reasons to the Customer.
17.5.1 If the Customer disagrees with these reasons, the Customer can approach the Consumer Goods and Services Ombud by visiting its website at https://www.cgso.org.za/ or e-mailing info@cgso.org.za.
17.6 The Customer agrees not to share inaccurate information pertaining to any returns or any refusal by Delitech to approve a refund to any consumer forum or website (including social media) or in the media.
17.6.1 In doing so, the Customer waives their right to privacy and agrees that Delitech may disclose any relevant information on the same platform.
17.6.2 Delitech reserves the right to take legal action against the Customer for publicly stating falsehoods, and/or for slander and/or defamation.
18. Special offers and Promotions
18.1 Special offers and promotions are subject to availability.
18.2 Delitech reserves the right to withdraw offers and promotions at any time and to limit quantities.
19. Reseller Disclaimer
19.1 Delitech is a reseller, not a manufacturer.
19.2 Delitech is not responsible for, does not guarantee, and will not be liable to the Customer for the compatibility, performance, reliability, or quality of any Product.
19.3 It is the responsibility of the Customer to adhere to any configuration, installation or setup instructions and directions for use.
20. Defective Products and Warranty
20.1 If the Customer believes a Product is defective, they must immediately stop using that Product and return it to Delitech as soon as possible.
20.2 If the Customer continues to use that Product, they may cause further damage, voiding the warranty.
20.3 Storage devices, including but not limited to flash memory, mechanical hard drives, solid state hard drives can fail without warning.
20.3.1 While Delitech will deal with the defective Product appropriately under warranty, it is the responsibility of the Customer to back up their data.
20.3.2 Delitech will not be responsible for or liable to the Customer for any corruption or loss of Data arising from any cause whatsoever.
20.4 Subject to the exclusions and limitations stated herein, all Products are warranted against defects in material and workmanship by the manufacturer for at least six (6) months from the date of purchase, unless stated otherwise.
20.5 Delitech will return the Product to the supplier for inspection and refund the Product as soon as the manufacturer authorises the return ("RMA"). This process may take 14-21 business days.
20.6 Once the Implied Warranty within 6 Months under the CPA expires, the Customer will not be entitled to a refund. Any repair or replacement of the Product under its standard manufacturer's warranty will be entirely at the discretion of the manufacturer and its authorised agents, distributors or dealers, including Delitech.
21. Warranty Void
21.1 The following actions will immediately void the warranty of any Product:
• Improper configuration, installation, or use
• Improper care or cleaning
• Changes or modifications, including changing electrical plugs
• Broken, bent, damaged, or stripped cables, connectors, pins, jumpers, seals, or screws
• Any scratches, marking, or writing on the Product or removal of labels
• Physical damage, including spills
• Commercial or industrial use (except where specified for this purpose) or use without taking proper precautions against dust, dirt, grease, or grime
• Electrical damage, including static, surge, lightning, or improper power
• Over-clocking (except where specified for this purpose)
• Unauthorised repair or service
22. No Other Warranties
22.1 Delitech provides the Products "as is" without any other warranties, express or implied, including but not limited to, implied warranties of reliability, fitness for a particular purpose, timeliness, sequence, completeness, non-infringement of third-party rights, and freedom from errors or inaccuracies.
23. Complaints and Dispute Resolution
23.1 The Customer should e-mail any complaints about the Services to complaints@delitech.co.za. Delitech will make every effort to address the Customer's concerns.
23.2 The Customer can approach the Consumer Goods and Services Ombud ("Ombud") by visiting its website at https://www.cgos.org.za/ or e-mailing info@cgos.org.za.
23.3 The Customer agrees not to report to any consumer forum or website (including social media) or in the media without giving Delitech a fair opportunity to respond.
23.3.1 In doing so, the Customer waives their right to privacy and agrees that Delitech may disclose any relevant information and any form of correspondence, including but not limited to written, photographic, audio, and video recordings on the same platform. Delitech reserves the right to issue a statement on its website and social media pages.
23.3.2 Delitech reserves the right to take legal action against the Customer for publicly stating falsehoods, and/or for slander and/or defamation.
23.4 Delitech reserves the right to log, record, and archive all communication and interactions with the Customer, including e-mails, SMSs, social media posts, telephone calls, and camera footage for administrative, training, legal, security, and support reasons.
23.5 The Customer agrees that in the event of a dispute arising from or in connection with these Terms or the Services, the parties will first attempt to resolve the dispute through arbitration conducted in English, before proceeding to Court.
23.6 If Delitech takes legal action against the Customer all fees including but not limited to legal fees on an attorney and client scale will be for the Customer's account.
23.7 Delitech may use any relevant information and any form of correspondence, including but not limited to written, photographic, audio, and video recordings as evidence during arbitration or court proceedings.
23.8 If the Customer disputes the accuracy of any records, the burden of proof rests with the Customer.
24. Export Restrictions
24.1 Using the Products in territories or countries where the Services are illegal is prohibited.
24.2 The Customer may not use the Products in violation of export laws, controls, or regulations of the Republic of South Africa.
25. Severability of Terms
25.1 If any provision of these Terms is found to be invalid by any competent Court, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect.
26. Disclaimer of Liability
26.1 EXCEPT TO THE EXTENT PROHIBITED BY LAW, THE CUSTOMER WILL DEFEND, INDEMNIFY, AND HOLD DELITECH AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS HARMLESS FROM ANY CLAIMS, DAMAGES, ACTIONS, AND LIABILITIES, INCLUDING BUT NOT LIMITED TO ANY LOSS OF PROFITS, OPPORTUNITY OR REVENUE, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OR RESULTING FROM OR ALLEGED TO ARISE OR RESULT FROM THE SERVICES OR THE CUSTOMER'S USE OF OR INABILITY TO USE THE SERVICES OR ANY CAUSE WHATSOEVER. DELITECH'S TOTAL LIABILITY TO THE CUSTOMER FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) WILL BE LIMITED TO R1000.
27. Intellectual Property and Governing Law
27.1 The name DELITECH is registered with the Companies and Intellectual Property Commission. DELITECH and DELITECH I.T. SOLUTIONS, as well as the Delitech logo, are trademarks in the Republic of South Africa.
27.2 Any failure by Delitech to enforce any of these Terms does not in any way constitute a waiver of any of Delitech's rights.
27.3 These Terms are governed by the laws of the Republic of South Africa as applied to agreements entered into and performed within the Republic of South Africa and constitute a legal and binding agreement between the parties.
27.4 All prior or contemporaneous agreements are merged herein and superseded hereby. Any rights not expressly granted herein are reserved.
