Company Details:
1.1. Company Name: Symtech Network Solutions, a private company duly incorporated and registered in accordance with the company laws of South Africa (“Symtech Network Solutions” alternatively referred to using the terms “we”, “us” and “our”)
1.2. Registration Number: 2023/885445/07
1.3. Main business: Sale of IT products and Consumer Electronics
1.4. Physical address for receipt of legal service: Bedford Gardens, Glenwood, Durban, 4001
1.5. Phone number: 0833178788
1.6. Email address: sales@symtechsolutions.co.za
1.7. Website: www.symtechsolutions.co.za/
Introduction
2.1 Please take a moment to read these Terms and Conditions to understand how they apply to your use of the website and any products or services that you may order online as well as any and all service offerings in respect of the products that Symtech Network Solutions may provide.
2.2 Your continued use of the website will constitute acceptance of the Terms and Conditions, unmodified by you.
2.3 These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –
i. may limit the risk or liability of Symtech Network Solutions; and/or
ii. may create risk or liability for the user; and/or
iii. may compel the user to indemnify Symtech Network Solutions or a third party; and/or
iv. serves as an acknowledgement, by the user, of a fact.
2.4 If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to request an explanation from Symtech Network Solutions before you accept the Terms and Conditions, continue using the website or use any products, devices or software purchased from Symtech Network Solutions.
2.5 The website enables you to shop online for consumer electronics (hereinafter referred to as “goods”, “devices” or “products”)
Changes to terms and conditions
3.1 We may change these Terms and Conditions, or any other term as referred to herein. The amendments will be applicable when published on our website.
3.2 Please take time to regularly check these Terms and Conditions and take notice of any changes made as they are binding on you. The Terms and Conditions
published at the time of the conclusion of a sale will apply for that particular purchase.
Creation of contract of sale
4.1 No contract of sale shall come into existence between you and Symtech Network Solutions for the sale of any goods until Symtech Network Solutions have received and accepted your order and Symtech Network Solutions have received payment in full for the goods so ordered.
4.2 By placing an order through our website or with Symtech Network Solutions, you warrant that you are 18 years old and where you are under the age of 18 that you are using Symtech Network Solutions’ website and placing your order with the consent of your legal guardian or parent.
4.3 An acknowledgement of your order will be sent to you via email when you place your order, but acceptance of your offer to purchase the goods will not take place until after your payment is received and an acceptance email is sent. It is at this point that a binding legal contract of sale is created, and any such contract is subject to these Terms and Conditions.
Indemnity
5.1 You agree to indemnify and hold Symtech Network Solutions, its directors, employees, and agents harmless from and against all liabilities, legal fees, damages, losses, costs, and other expenses in relation to any claims or actions brought against Symtech Network Solutions arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this website.
Limitation of Liability
6.1 Our website is provided on an “as-is” and “as-available” basis. Symtech Network Solutions has taken all reasonable steps to ensure that the content of the website is accurate and complete.
6.2 Insofar as legally permissible, Symtech Network Solutions excludes all express or implied conditions, warranties, representations, or other terms which may apply to our website or its contents.
6.3 Symtech Network Solutions makes no representation, guarantee, or warranty as to the availability and suitability of the website or that there will be uninterrupted use of the website.
6.4 Symtech Network Solutions makes no warranty that the functionality of the website will be without interruption or error-free, that defects will be corrected, or that the website is free from viruses or anything else which may be destructive or harmful.
6.5 Unless otherwise determined by law, under no circumstances (including negligence) will Symtech Network Solutions, our subsidiaries, affiliates, officers, directors, employees, agents, suppliers, or any other party involved in creating, producing, transmitting, or distributing our website or related services be liable for any indirect, incidental, special, or consequential damages arising from or in connection with the use or inability to use the website or any content provided by or through the website, or resulting from any unauthorized access to or alteration of your
transmissions or data, or other information sent or received, including but not limited to damages for loss of profits, data, or other intangibles, even if we have been advised of the possibility of such damages.
6.6 Liability to a customer in connection with any order will never exceed the total price charged for the products and delivery costs.
Warranty of Suitability
7.1 Symtech Network Solutions makes no warranty of fitness or suitability for any particular purpose in respect of any goods purchased from Symtech Network Solutions.
Links to 3rd Party Websites
8.1 The website may, from time to time, include links to third-party websites that are controlled and maintained by other entities.
8.2 Any link to other websites is not an endorsement of such websites, and you acknowledge and agree that Symtech Network Solutions is not responsible for the content or availability of any such websites or platforms.
Copyright
9.1 The contents of the website, including any material, information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, trade names, logos, trademarks, designs, and service marks displayed on or incorporated into the website, are protected by law, including but not limited to copyright and trademark law.
9.2 The website content is the property of Symtech Network Solutions, its advertisers, and/or sponsors and/or is licensed to Symtech Network Solutions.
9.3 You will not, under any circumstances, acquire any right, title, or interest in or to the website or its contents.
Severability
10.1 Should any paragraph or section of these Terms and Conditions be determined to be invalid, illegal, or unenforceable for any reason by any court of competent jurisdiction, then such term or condition shall be severed, and the remaining Terms and Conditions shall survive, remain in full force and effect, and continue to be binding and enforceable.
Governing Law
11.1 The laws of the Republic of South Africa shall govern the interpretation of these Terms and Conditions.
11.2 You hereby consent to and submit to the exclusive jurisdiction of the courts of the Republic of South Africa for the purposes of all or any legal proceedings arising from or concerning these Terms and Conditions.
Payment Options
12.1 EFT – Proof of payment required
12.2 Instant EFT
12.3 Online card payment
12.4 Mobicred – Credit facility, subject to credit approval
Incorrect Pricing
13.1 While every effort is made to ensure that our pricing is correct, there may be instances where an incorrect price is published.
13.2 Where such a pricing error is obvious and unmistakable, and should have reasonably been recognized by the customer as a mispricing, Symtech Network Solutions may cancel any orders placed and refund the customer any monies or funds paid.
Refunds and Cancellation of Agreement of Sale
14.1 Nothing in this section should be interpreted to limit any rights that a customer may be afforded in terms of the CPA.
14.2 Should you wish to cancel the contract of sale with Symtech Network Solutions or return an item for a refund, you have the right to do so within 7 business days after you receive the goods. This right only applies to goods that have not been opened, remain unused, and are in their original packaging.
14.3 To exercise this right of cancellation, written notice must be emailed to Symtech Network Solutions at sales@symtechsolutions.co.za, providing details of the goods ordered, the particular delivery, and the order number. Notification by phone shall not be sufficient.
14.4 If you exercise your right of cancellation after the goods have been delivered, you will be responsible for the return of the goods to Symtech Network Solutions’ warehouse at your own cost. Goods may only be returned by prior arrangement at Symtech Network Solutions’ premises to ensure the return can be received.
14.5 Should an item become damaged in transit to Symtech Network Solutions, Symtech Network Solutions will not be liable for such damage, and the risk remains with the customer until Symtech Network Solutions accepts delivery. It is recommended that the customer take out necessary insurance for items being sent to Symtech Network Solutions.
14.6 A refund may be refused if the goods and/or packaging are damaged or lost while in transit.
14.7 Once Symtech Network Solutions has been notified of your cancellation of the contract and the goods are returned to Symtech Network Solutions, a refund will be processed within 30 days.
14.8 Where Symtech Network Solutions has had to incur any delivery or collection costs, such costs will be deducted from any refund due to the customer. Should you prefer Symtech Network Solutions to attend to the collection, kindly indicate so in your communication cancelling the agreement.
14.9 Refunds may also be subject to deductions for bank and credit card charges incurred by Symtech Network Solutions.
14.10 If the goods are not returned within 7 days of notifying Symtech Network Solutions of your intention to cancel the agreement and request a refund, Symtech Network Solutions shall not be liable to refund you for such goods.
14.11 Where a product is returned and it is not in its original packaging or the packaging has been opened, Symtech Network Solutions may, at its sole discretion, elect to process the refund, less an additional fee.
14.12 Where a refund for computer software is requested and the seal has been broken, such product shall not be eligible for a refund. The same applies to consumer goods which by their very nature cannot be returned, except where a fault is discovered that could not otherwise have been discovered without breaking the seal.
14.13 Save for the above fees relevant to custom build PCs, cancellation of an order of any other product after confirmation that the order is correct shall incur a standard 5% cancellation fee at the expense of the customer.
14.14 A 20% handling fee will be charged on all returned items not covered by the provisions of the CPA.
Product Supply and Delivery
15.1 Symtech Network Solutions provides delivery through various modes, including:
15.1.1 By courier appointed by Symtech Network Solutions;
15.1.2 Locker collection service.
Delivery by Courier appointed by You
15.2 You, as the consumer, may appoint a courier or collection agency of your choice to collect your order.
15.3 Symtech Network Solutions shall under no circumstances be liable for any costs incurred in this regard, and no risk shall vest in Symtech Network Solutions once your order is handed over to such courier or agent.
Delivery by Courier appointed by Symtech Network Solutions
15.4 Delivery will occur at the address you provide when placing your order, unless the delivery is to be made outside the borders of the Republic of South Africa.
15.5 If you intentionally fail to take delivery of ordered goods, without prejudice to any other right or remedy that Symtech Network Solutions may have, Symtech Network Solutions may:
15.5.1 Store the goods until actual delivery and charge you for reasonable costs, including insurance and storage.
15.5.2 Sell the goods at the best available price and (after deducting all reasonable expenses incurred by Symtech Network Solutions) account to you for any excess over the agreed selling price or charge you for any shortfall below the agreed selling price.
15.6 If delivery cannot be made to your address due to reasons under Symtech Network Solutions’ control, Symtech Network Solutions will inform you as soon as reasonably possible.
15.7 Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, Symtech Network Solutions will not be liable for any loss or damage suffered by you through reasonable or unavoidable delays in delivery. In such cases, Symtech Network Solutions will promptly inform you of any delays.
15.8 Upon receipt of your order, you will be required to sign for the goods to confirm their delivery in good condition. 15.8.1 If the package does not appear to be in good condition, please refuse the delivery. 15.8.2 If you are unable to check the contents of your delivery at the point of delivery, please sign for the parcel as “UNCHECKED”. Failure to do so may affect any subsequent warranty claims.
15.9 Timelines provided for deliveries are estimates, as Symtech Network Solutions relies on courier services.
15.9.1 Symtech Network Solutions shall not be held liable for delays caused by courier companies once the parcel has been handed over for delivery. Concerns about delivery times or delays should be addressed directly with the relevant courier company.
15.10 Symtech Network Solutions shall not be liable for orders shipped or delivered to incorrect or incomplete addresses supplied by the customer. Any additional fees for such orders will be borne by the customer and not by Symtech Network Solutions.
15.11 Parcels and orders will only be dispatched once full payment has been received and reflected in Symtech Network Solutions’ bank account, in cases where payment is made via EFT or bank deposit.
15.12 If a customer provides incorrect or incomplete delivery information, the customer will be liable for any additional costs incurred by Symtech Network Solutions.
15.13 If a customer changes their address after an order is accepted or takes any action that results in increased costs for Symtech Network Solutions, the customer acknowledges their liability for these additional costs.
15.14 Free delivery applies only to main centres (calculated based on postal code and suburb). A delivery charge may be added for deliveries outside main centres. Delivery charges can be calculated before completing an order.
Products and Product Descriptions
16.1 Products may not be identical to the pictures displayed on the website, and the product or device may vary slightly. All pictures are for illustrative purposes only. We do not guarantee that the device’s colours as depicted in our advertising accurately reflect the true colour of the product or device.
16.2 The packaging of products and devices may vary from what is displayed on our website, and no claim shall arise from such variance.
16.3 The stock of all products and devices displayed on the website is limited. Symtech Network Solutions will make every reasonable effort to remove a product from the website or indicate it as “Out of Stock” as soon as it becomes unavailable.
Transfer of Risk and Ownership
17.1 Transfer of Risk All risks related to any products shall transfer to you upon delivery of the products to you or a carrier organized by you from Symtech Network Solutions’ premises.
17.2 Ownership of goods will transfer to you once Symtech Network Solutions has received full payment and successfully delivered the goods.
Warranties
18.1 Where this agreement is subject to the Consumer Protection Act (CPA), it shall not override or circumvent any rights afforded to a consumer therein.
18.2 Products sold on our website may come with manufacturer warranties which will vary according to the product and manufacturer.
18.3 In some instances, Symtech Network Solutions, although not obligated to do so, may offer an additional warranty for a particular period of up to 1 year. Such an extended warranty will only apply where explicitly disclosed and recorded, and shall be subject to communicated terms.
18.4 Customers are advised to review and understand the terms of all warranties provided for goods, including who to contact for claims.
18.5 If a warranty is limited to replacement or repair, for example, no refunds will be processed for returns under such conditions.
18.6 Symtech Network Solutions may assist in the returns or repair process for products not covered by an additional Symtech Network Solutions warranty but only with the manufacturer’s warranty, though under no obligation to do so.
18.7 All Symtech Network Solutions warranties for components are limited, with components otherwise covered solely by the manufacturer’s warranty, where applicable, communicated to the customer.
18.8 Returns not covered by the CPA will follow a Return to Base model. Symtech Network Solutions will not be liable for any delivery charges for the return of goods, which will be borne by the customer.
18.9 Symtech Network Solutions will not accept the return of any visibly physically damaged items. Customers failing to collect such items once ordered to do so absolve Symtech Network Solutions of any liability for loss or damage.
18.10 Determination of customer-induced damage voiding manufacturer warranties shall be made by the manufacturer’s authorized service centre, with no interference by Symtech Network Solutions.
18.11 Symtech Network Solutions warranties shall not cover defects arising from fair wear and tear, wilful damage, accidents, negligence, improper use, failure to follow instructions, or unauthorized alterations or repairs.
18.12 No warranty claims will be possible for items damaged due to lightning or electrical shortages.
18.13 Laptops and monitors sold by Symtech Network Solutions are covered solely by the manufacturer’s warranty, with claims to be handled directly with the manufacturer.
18.14 Physical damage, such as bent CPU pins, voids warranties for affected devices or products.
18.15 Motherboard warranties do not cover physically damaged units. Symtech Network Solutions bears no responsibility for shipping expenses related to such claims.
18.16 Dead pixel policies are subject to specific manufacturer terms; customers are responsible for familiarizing themselves with these policies as Symtech Network Solutions does not warranty dead pixels.
18.17 Products used for mining purposes have a limited warranty of up to 3 months, as do warranties from manufacturers.
18.18 Chairs sold by Symtech Network Solutions carry a limited 1-year warranty, excluding wear and tear.
18.19 Notification of defects or complaints must be submitted in writing to Symtech Network Solutions via the “Contact Us” section of the website within 3 days of discovery, failing which the defect will be presumed to have arisen after this period.
18.20 Certain devices or products cannot be opened or tampered with by Symtech Network Solutions without risking warranty voidance.
18.21 Should a warranted product be discontinued or unavailable, the manufacturer or service centre may propose a suitable replacement at their discretion, with no specific requests from Symtech Network Solutions.
18.22 Software is not covered by any warranty, including faults/errors or data loss.
18.23 All warranties are valid locally in South Africa. Items taken internationally are not covered unless explicitly stated by the manufacturer, with Symtech Network Solutions bearing no liability for return charges outside South Africa.
Original Equipment Manufacturers (OEM)
19.1 Certain products are supplied by Original Equipment Manufacturers (OEMs) and may be bundled with other products, such as CPUs.
19.2 These products are not sold in their original packaging. Symtech Network Solutions cannot provide the original packaging for these items.
Data Loss
20.1 Symtech Network Solutions shall not be liable for any data loss resulting from the replacement, refund, or repair of any item/s under any circumstances.
20.2 Symtech Network Solutions shall also not be liable for any data loss resulting from any new installation under any circumstances.
Replacement Products
21.1 If Symtech Network Solutions does not have a particular item in stock or if a client wishes to exchange or replace the product for a different or similar product, where permitted:
•
The customer will be liable to pay the difference between the initial product and the replacement product if the replacement product is more expensive.
•
Alternatively, if the replacement product is cheaper, the customer will receive a store credit or refund.
Specials or Discounted Pricing
23.1 Symtech Network Solutions is not obligated to offer products at a discounted price or provide a refund if an order is placed and accepted, and the product is later placed on promotion at a lower price.
Social Media Competitions
25.1 Symtech Network Solutions may periodically conduct competitions through its social media channels.
25.2 Competitions are open to South African residents aged 18 years and older, except employees of Symtech Network Solutions, their close relatives, or anyone involved in the competition’s organization or judging.
25.2.1 Entrants under 18 years old require parental or legal guardian consent or assistance.
25.3 Competitions are open only to natural persons; juristic entities may not participate.
25.4 Unless specified otherwise, no entry fee or purchase is necessary to enter any competition.
25.5 By entering a competition, the entrant agrees to abide by these terms and conditions.
25.6 Entry instructions will be communicated via Symtech Network Solutions’ social media channels.
25.7 Each entrant is allowed one entry unless stated otherwise. Multiple entries may result in disqualification.
25.8 The closing date for entries will be communicated on social media. No entries will be accepted after this date.
25.9 Symtech Network Solutions is not liable for entries not received, regardless of the reason.
25.10 Competition rules and entry details will be provided on Symtech Network Solutions’ social media channels.
25.11 Symtech Network Solutions reserves the right to cancel or amend a competition and its rules without notice. Changes will be communicated to entrants promptly.
25.12 Symtech Network Solutions is not responsible for inaccurate prize details supplied by third parties.
25.13 Prizes are as stated and cannot be exchanged for cash or store credit. They are non-transferable and subject to availability. Symtech Network Solutions may substitute a prize with another of equal value without prior notice.
25.14 Winners will be selected by Symtech Network Solutions at its discretion, based on the competition criteria. Symtech Network Solutions reserves the right to disqualify entries deemed anti-competitive or in violation of competition rules.
25.15 Winners will be notified by email, social media message, or letter within 28 days of the competition’s end. If a winner cannot be contacted or does not claim their prize within 14 days, Symtech Network Solutions may withdraw the prize and select a new winner, at its discretion.
25.16 Winners will be informed how to collect, redeem, or receive their prize.
25.17 Symtech Network Solutions’ decisions regarding competitions are final, and no correspondence will be entered into.
25.18 Winners consent to the use of their name and image in publicity materials. Personal data collected during the competition will be used solely for competition purposes unless express consent is obtained for other uses.
25.19 Competitions on social media are not sponsored, endorsed, administered, or associated with any social media platform or network.
25.20 Any creative works or content submitted to Symtech Network Solutions during a competition become its property and may not be used further without permission.
25.21 Prizes provided through competitions are without warranty from Symtech Network Solutions, unless a manufacturer’s warranty applies.
Force Majeure
26.1 Symtech Network Solutions is not liable for defaults or delays in supplying or delivering orders, or further compliance with these Terms and Conditions, if such delays are caused by events beyond our control. These events include, but are not limited to acts of God, civil disturbance, court order, natural disasters, pandemics, interruptions in the supply of utilities, or war.
26.2 If the supply, delivery, or performance by Symtech Network Solutions is delayed due to factors beyond our control, we will make reasonable efforts to contact you promptly, inform you of the situation, and take reasonable steps to minimize the impact of the delay.
General
27.1 Symtech Network Solutions reserves the right, at its sole discretion, to suspend or terminate the operation of the website or your right to use the website or access its contents at any time and for any reason, without prior written notice, except for processing any orders already made by you.
27.2 You may not transfer, assign, or otherwise convey your rights and obligations under these Terms and Conditions to any third party without prior written consent from Symtech Network Solutions.
27.3 The failure of Symtech Network Solutions to enforce any right or provision of these Terms and Conditions shall not constitute a waiver of that right or provision.
27.4 If any provision of these Terms and Conditions is found to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable to the fullest extent permitted by law.
27.5 These Terms and Conditions constitute the entire agreement between you and Symtech Network Solutions, superseding any prior agreements or understandings, unless expressly referenced or included herein.
Right of Admission and Refusal of Service Reserved
28.1 Symtech Network Solutions reserves the right to refuse a customer access to its premises for any disorderly or abusive conduct directed towards its business or staff.
28.2 Symtech Network Solutions may refuse to accept orders from customers who have defamed or otherwise harmed the name and reputation of Symtech Network Solutions.
Complaints
29.1 If you have a complaint about the goods or services provided by Symtech Network Solutions or require information regarding their internal complaints-handling process, please contact them via email at sales@symtechsolutions.co.za.
Privacy
30.1 Symtech Network Solutions will:
30.1.1 Treat your personal information as strictly confidential, except where sharing is permitted as outlined herein.
30.1.2 Implement appropriate technical and organisational measures to keep your personal information secure.
30.1.3 Provide access to your personal information for viewing and updating personal details.
30.1.4 Promptly notify you of any unauthorised use, disclosure, or processing of your personal information.
30.1.5 Provide reasonable evidence of compliance with obligations upon reasonable notice and request.
30.1.6 Upon request, promptly return or destroy all your personal information in their possession or control, except where legal obligations require retention.
30.2 Personal information will not be retained longer than necessary unless legally required or consented to for extended periods.
30.3 Information collected includes:
30.3.1 Details collected during registration, ordering, competition entry, or query submission.
30.3.2 Required information may include name, email address, identity number, delivery address, age, gender, occupation, account details, tax number, or contact number.
30.4 Use of information:
30.4.1 Improve customer service, website, or service offerings.
30.4.2 Process orders and transactions.
30.4.3 Administer competitions or promotions.
30.4.4 Send communications about business or promotions.
30.4.5 Use email addresses only for order-related communications unless explicitly opted into additional communications.
30.5 Information protection:
30.5.1 Data encryption for sensitive information protection.
30.5.2 No sharing of personal information with third-party companies.
30.6 Third-party disclosure:
30.6.1 No sale or transfer of personal identifiable information without express permission.
30.6.2 Disclosure to third parties assisting website administration or service delivery, limited to necessary purposes.
30.6.3 Disclosure as required by law or to protect rights of Symtech Network Solutions and users.
30.6.4 non-personal identifiable data may be disclosed for marketing, research, or statistical purposes.
30.7 Use of cookies:
30.7.1 Website uses cookies for user recognition, site functionality improvement, and targeted advertising.
30.7.2 Cookies are not used for personal identification; disabling cookies may limit website features.
30.7.3 Continued use of the website constitutes consent to cookie use, subject to privacy provisions.
30.8 Third-party links:
30.8.1 Third-party products or services on the website are governed by their own privacy policies, not these Terms and Conditions.
30.8.2 It is your responsibility to understand these policies; Symtech Network Solutions assumes no responsibility for linked site content or activities.