By visiting or shopping at this web site, you accept the following terms and conditions. Please read them carefully.
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Disclaimer of Warranties and Limitation of Liability
THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ARE MADE, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THIS SITE'S OWNER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS SITE'S OWNER DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM THIS SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS SITE'S OWNER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
TERMS AND CONDITIONS
These terms and conditions apply to all online purchases by customers from Siber Ink and apply in respect of books, journals, online publications, subscription services, seminars and any other products or services which Siber Ink may offer for sale.
Unless the context indicates otherwise, the following words and phrases used in these terms and conditions shall bear the following meanings:
2.1 “agreement” means these terms and conditions;
2.2 “bulk order” means an order received from a customer for 10 (ten) or more items to be supplied in a single delivery;
2.3 “business days” means week days and excludes Saturdays, Sundays and South Africa public holidays;
2.4 “customer” means any person or entity acquiring goods or services from Siber Ink online utilising this website;
2.5 “ECT” means the South African Electronic Communications and Transactions Act No. 25 of 2002;
2.6 “goods” means any goods, services and/or products made available for purchase to a customer on this website;
2.7 “National Credit Act” (or “NCA”) means National Credit Act 34 of 2005;
2.8 “order” means an order for the purchase of goods by the customer utilising this website;
2.9 “the parties” means the customer and Siber Ink;
2.10 “Siber Ink” means Siber Ink CC (Registration Number 2000/010470/23) of B2A Westlake Square, 1 Westlake Drive, Westlake, 7945;
2.11 “statement” means the document generated by Siber Ink which records the order and purchase price paid or payable by the customer in respect of goods ordered through this website;
2.12 “supplier” means any person who supplies goods to Siber Ink;
2.13 “VAT Act” means the Value-Added Tax Act No. 89 of 1991;
2.14 “website” means www.siberink.co.za or www.companiesactunlocked.co.za together with electronic pages used by customers to access and view the content and to purchase goods offered on the websites, which websites are owned and operated by Siber Ink.
3.1 By placing an order for goods on this website the customer tacitly accepts these terms and conditions, and confirms that the customer has read and understood all the terms and conditions and that the customer agrees to abide by and to be bound by this agreement.
3.2 If the customer is purchasing goods through this website on behalf of a third party, be that a company, close corporation, trust or any other legal entity, the customer hereby represents that it has the requisite authority and power to act on behalf of such entity and to bind it to the terms and conditions of this agreement.
3.3 Siber Ink reserves the right to amend these terms and conditions at any time and without prior notice to the customer. It is the customer’s responsibility to be familiar with these terms and conditions and any amendments to this website.
4. ONLINE SECURITY AND PAYMENT
4.1 The customer is responsible for providing the correct information to Siber Ink in respect of its account, purchases required and any other information necessary to enable its purchases online from Siber Ink.
4.2 Siber Ink shall not divulge to any third party any information furnished to Siber Ink by the customer other than where necessary to execute the order.
4.3 Siber Ink shall abide by all applicable legislation relating to the sale of goods, be that online or directly.
4.4 An agreement of sale shall come into being between Siber Ink and the customer only when a credit or debit card authorisation for the full purchase price of the goods acquired by the customer is received from the issuing bank and the purchase price of the goods has been deposited in Siber Ink’s bank account. No goods shall be delivered to the customer until the full purchase price is received by Siber Ink, i.e. payment is received without any deductions or set-off. Where the customer books online for a seminar, the booking will likewise not be confirmed until Siber Ink receives the seminar fee in full.
4.5 Where Siber Ink agrees to allow the customer to pay for goods over an agreed period of time, Siber Ink shall be entitled to charge interest on all overdue amounts at the maximum rate permissible from time to time for money-lending transactions in terms of the NCA or equivalent legislation. Such interest on the balance outstanding shall be calculated and payable monthly in advance on the first day of each and every successive month and shall be added to the amount due to Siber Ink by the customer in respect of the purchase price of the goods.
4.6 All goods supplied by Siber Ink to the customer in terms of 4.5 shall remain the property of Siber Ink until the purchase price in respect of the goods has been paid in full.
4.7 Siber Ink reserves the right to refuse to accept and/or execute an order without giving any reasons to the customer. If funds have already been paid for the goods by the customer, such funds shall be refunded by Siber Ink.
5. PRICES, DELIVERY AND OTHER COSTS
5.1 Siber Ink shall take all reasonable efforts to ensure that the correct prices for goods are advertised on the website but in the event of an error, Siber Ink shall not be obliged to sell goods at the incorrect price. In the event of goods being ordered based on a purchase price advertised incorrectly, Siber Ink shall refund any monies paid by the customer.
5.2 All prices quoted on the website are inclusive of Value-Added Tax (VAT) at the applicable rate. In respect of export orders, VAT shall be charged at a rate of zero percent (0%) or such other rate as may be prescribed for such transactions from time to time in terms of the VAT Act.
5.3 Delivery of books will only be effected by courier to physical addresses provided. Delivery of journals will be effected by postal service. The cost of delivery is excluded from the purchase price of goods. The cost of delivery within the borders of South Africa is R90.00 per order for single-copy orders of books. Multiple-copy order, Bulk order and international delivery charges are available on request.
5.4 Where goods are exported, import duties (if applicable) are for the customer’s account. Siber Ink cannot give any details of import duties that may be applicable in other jurisdictions and the customer is responsible for paying any such duties.
5.5 Siber Ink may increase delivery charges from time to time.
6. STOCK AVAILABILITY AND WARRANTY
6.1 Siber Ink cannot guarantee availability of stock, notwithstanding goods being reflected on its website as available for sale.
6.2 Siber Ink shall however endeavour to ensure that it indicates goods that become unavailable.
6.3 If a customer orders and pays for out of stock goods, Siber Ink shall refund monies paid to it for such unavailable stock.
6.4 If a customer orders multiple items, Siber Ink shall supply to the customer those items it has in stock and the customer shall be obliged to accept delivery and make payment for the items ordered and delivered.
6.5 All goods are sold voetstoots and without any warranties whatsoever, whether express or implied.
7. DELIVERY OF ORDERS
7.1 In respect of an order placed for delivery within the Republic of South Africa Siber Ink shall endeavour to deliver within 5 (five) business days of receiving that order.
7.2 If the customer prefers that the goods be delivered by normal post, delivery shall be assumed unless the customer notifies Siber Ink in writing within 30 (thirty) days from the date of invoice that it did not receive the goods.
7.3 The risk in the goods shall pass to the customer on delivery of the goods.
7.4 The signature of the customer, an employee or agent of the customer or any other party designated by the customer to accept delivery of the goods on the official delivery note shall constitute conclusive evidence of delivery of the goods purchased to the customer.
7.5 The person accepting delivery of goods on behalf of the customer is presumed to be authorised to accept delivery on the customer’s behalf and may be required to produce identification.
7.6 Siber Ink reserves the right to charge the customer for any further attempted deliveries should the first delivery be aborted as a result of no one being available at the customer’s address to accept the goods.
7.7 If no-one is available at the customer’s designated address to take delivery, Siber Ink reserves the right to charge the customer for any further attempted deliveries.
7.8 Where Siber Ink outsources delivery to a third party, Siber Ink shall not be liable for any damage suffered or loss incurred by reason of any acts or omissions of that third party, its directors, employees, subcontractors, agents, representatives and/or affiliates.
7.9 Time of delivery shall not be of the essence and the customer shall not be entitled to cancel an order or claim damages as a result of late delivery.
8. RETURN OF GOODS AND SIBER INK’S REFUND POLICY
8.1 If any goods delivered to the customer are damaged or unsaleable, the customer may, within 5 (five) days of receipt of the goods, advise Siber Ink of its intention to return such goods together with the original statement. Siber Ink shall in its sole discretion either replace or refund damaged or unsaleable goods.
8.2 Any refund in terms of clause 8.1 shall be in respect of purchase price only.
8.3 Siber Ink shall not accept any returns of imported publications that are supplied via its website to the customer.
9. CANCELLATION POLICY
9.1 Siber Ink shall be entitled to payment of a standard and agreed cancellation fee of 10% (ten percent) of the value of the order together with any other costs incurred, including delivery costs, in the event of any order or part thereof being cancelled as a result of a breach by the customer (or cancellation by Siber Ink in terms of clause 10 below).
9.2 The cancellation and fee and related costs referred to in clause 9.1 shall be debited to the customer’s credit or debit card by Siber Ink in respect of any cancellations made after the delivery of the goods.
9.3 A breach of any of the customer’s obligations in terms of this agreement shall entitle Siber Ink to cancel any purchases made by the customer.
10.1 If the customer commits a breach of this agreement or, being an individual, dies or the customer is provisionally or finally sequestrated or the customer makes an application to surrender the customer’s estate or, being a partnership, the partnership is terminated or, being a company, the company is placed under provisional or final order liquidation or judicial management or the company has judgment recorded against it which remains unsatisfied for 7 (seven) days and no appeal is filed within the stipulated time period for filing such an appeal or compromises, or the company attempts to compromise generally with any of its creditors, then the full amount outstanding by the customer to Siber Ink shall immediately become due and payable.
10.2 No relaxation which Siber Ink may have permitted on any occasion in regard to the carrying out of the customer’s obligations shall prejudice or shall be regarded as a waiver of Siber Ink’s rights to enforce its obligations on any subsequent occasion.
10.3 Where monies are still owed by the customer to Siber Ink as at date of breach, Siber Ink shall be entitled to retake possession of all such goods in respect of which ownership has not yet passed.
11.1 Siber Ink’s liability to the customer for any damages sustained by the customer from any cause whatsoever, including any damages arising out of Siber Ink’s negligence or that of its servants or subcontractors, shall in any event and under all circumstances be limited to the purchase price of goods purchased by the customer.
11.2 Except as provided for in clause 11.1 above, Siber Ink shall in no circumstances whatsoever be liable for any loss of profit or any damage, direct or indirect, consequential or otherwise, sustained by the customer whether or not caused by the negligence of Siber Ink, its agents or employees.
11.3 Insofar as any of the Siber Ink obligations under the contract are carried out by any of its servants, agents, subcontractors, associates or subsidiaries, the provisions of clauses 11.1 and 11.2 above are stipulated for their benefit as well as for Siber Ink and they shall be similarly exempted.
11.4 The customer shall have no claim of any nature whatsoever against Siber Ink for any failure by Siber Ink to carry out any of its obligations under its contract with the customer as a result of causes beyond Siber Ink’s control.
The parties hereby agree to the jurisdiction of the Western Cape High Court in any dispute arising from or in connection with this agreement. Notwithstanding this agreement, the customer agrees that Siber Ink shall be entitled but not obliged to institute any proceedings against the customer arising our of its contract with the customer for the full balance outstanding, in any Magistrate’s Court having jurisdiction over the customer, notwithstanding that the claim or the value of the matter in dispute may exceed the jurisdiction of the Magistrate’s court. Further, the customer agrees to be liable for all legal costs including costs on the scale as between attorney and own client, and collection charges and tracing costs.
13.1 The customer nominates its business address as reflected on the face of the invoice as its domicilium citandi et executandi for service upon it of all notices and processes whether in connection with any claim or any sum due to Siber Ink or otherwise.
13.2 Siber Ink nominates its address as B2A Westlake Square, 1 Westlake Drive, Westlake, 7945, Cape Town as its domicilium citandi et executandi for service upon it of all notices and processes in connection with any claim for any action arising between itself and the customer in terms of this agreement.
14. LAW APPLICABLE
The contract of sale referred to in this agreement is governed by the laws of the Republic of South Africa.
15.1 No variation, alteration or consensual cancellation of any of these conditions shall be of any force or effect, unless in writing and signed by the parties.
15.2 No waiver or abandonment by Siber Ink of any of its rights in terms of this agreement shall be binding on it unless such waiver or abandonment is in writing and signed by it.
Each provision of this agreement is severable from the other provisions. Should any provision be found by a Court of competent jurisdiction to be invalid or unenforceable for any reason, the parties shall consult with one another in good faith in order to agree, if possible, an alternative provision in accordance with the intent and tenor of this agreement. The remaining provisions of this agreement shall nevertheless remain binding and shall continue with full force and effect.
17. CUSTOMER’S WARRANTY AND UNDERTAKING
The customer hereby warrants that all details supplied or provided to Siber Ink, whether or not in writing and on the website, are true and correct in each and every respect and that save as disclosed to Siber Ink in writing, the directors/partners/proprietor have not been insolvent or associated with any business failure and that none of the customer’s assets is in any way encumbered and specifically that the customer’s debtors are neither ceded nor factored. The customer undertakes to notify Siber Ink in writing of any changes in the details including change of ownership, name and address.
18. CUSTOMER COMMUNICATIONS
The customer, having visited the website, consents to Siber Ink thereafter communicating with it electronically and agrees that such electronic communication satisfies any and all legal requirements stipulating that communication between the parties should be in writing.
19. COMPLIANCE WITH ECT
Section 43 of ECT places an obligation on Siber Ink to furnish the customer with certain information. The information that is not contained in the terms and conditions above is set out below:
19.1 Full name and legal status of supplier of goods: Siber Ink CC (Registration No. 2000/010470/23), a closed corporation incorporated under the laws of the Republic of South Africa.
19.2 Siber Ink’s physical address: B2A Westlake Square, 1 Westlake Drive, Westlake, 7945, Cape Town, telephone number (021) 702 2010. Legal process can be served at this address.
This agreement constitutes the whole agreement between the parties unless the parties specifically agree otherwise.