Terms & Conditions
TERMS AND CONDITIONS OF SALE OF GOODS
Please note that this Contract requires you to take on risk or liability, limit
the risk and liability of Opentouch SMB and to indemnify Opentouch SMB. Please
read it carefully and ask if you have any questions.
1.1) These terms and conditions of sale of goods (“Contract”) apply to all goods supplied via www.opentouchsmb.co.za (“Website”) or directly by Shopping Delux t/a Opentouch SMB (Pty) Ltd, whose registered office is 13 Dove Road, Norscot Slopes, Fourways, Johannesburg, South Africa.
1.2) All references to “Customer” to refer to the person or juristic person who the products are marketed or supplied to by Opentouch SMB, including Dealers, Retail Customers and end users.
1.3) This Contract will come into force between the Customer and Opentouch SMB for the sale of any goods when Opentouch SMB has –
1.3.1) received the Customer’s order (“Order”) for the goods (“Goods”); and
1.3.2) accepted the Order by issuing the Customer with a proforma invoice (“Proforma Invoice”) or in the case where no Proforma Invoice is issued, a tax invoice (“Tax Invoice”).
1.4) Once the above requirements have been met, there is a legally binding contract between the parties.
1.5) Opentouch SMB reserves the right to vary or amend the terms of this Contract from time to time with regards to future sales. The Customer may request a free copy of the latest Contract from Opentouch SMB.
2.) PRICES AND AVAILABILITY OF GOODS.
2.1) All prices are exclusive of delivery charges.
2.2) The images of the Goods on the Website are for illustrative purposes only and may differ from the actual Goods.
2.3) The prices of the Goods are as per the Opentouch SMB prices at the time of the Order or quotation (“Quotation”), however prices are linked to the Rand - US Dollar exchange rate and are subject to change until date of Proforma Invoice or Tax Invoice, whichever is issued first.
2.4) The price payable by the Customer will be the price as at the date of the Tax Invoice, this price may differ to the price on the Website or Quotation due to the fluctuation in the exchange rate of the Rand.
2.5) The Goods are subject to availability of stock. If on receipt of the Order, the Goods the Customer has ordered are not available in stock, Opentouch SMB will inform the Customer as soon as possible.
2.6) Availability of stock from third party affiliate suppliers may also affect the prices. Every effort is made to ensure that prices shown on the Website are accurate at the time the Customer places the Order. If an error is found, Opentouch SMB will inform the Customer as soon as possible and offer the Customer the option of reconfirming the Order at the correct price, or cancelling the Order. If Opentouch SMB does not receive an Order confirmation within 10 (ten) business days of informing the Customer of the error, the Order will be cancelled automatically. If the Customer cancels the Order, or if the Order is cancelled automatically due to the expiry of the 10 (ten) business day period, Opentouch SMB will refund the Customer the price paid for the Goods, if any.
2.7) Opentouch SMB has the right to change the prices of the Goods from time to time without prior notice to the Customer.
3.) PLACING OF ORDERS
3.1) Opentouch SMB will accept written (including via the Website) and verbal Orders. Opentouch SMB will not be responsible for any errors or misunderstandings occasioned by the Customers’ failure to place a written Order.
3.2) If telephone Orders are placed by the Customer, Opentouch SMB may require such Orders to be confirmed in writing by the Customer, prior to acceptance thereof by Opentouch SMB.
3.3) In the event that Goods are not collected within 1 (one) week of placement of the Order, Opentouch SMB reserves the right to cancel the Order.
3.4) Orders for non-standard Goods (“Special Order Goods”) (local or international) and Orders for large quantities of Goods will require the Customer to pay a 50% (fifty per cent) deposit of the estimated Order value to Opentouch SMB.
3.5) In the event that the Customer cancels the Order for Special Order Goods or Order for large quantities at any time after acceptance thereof by Opentouch SMB, Opentouch SMB reserve the right to reject such cancellation, if the order cannot be cancelled or refunded by Opentouch SMB’s supplier.
4.1) Payment terms are strictly cash on delivery (“COD”) unless a credit facility has been approved by Opentouch SMB.
4.2) For Customers with credit facilities authorised by Opentouch SMB, payment is strictly 7 (seven) days from date of the Statement.
4.3) Payment can be made by electronic funds transfer (“EFT”) directly into Opentouch SMB’s bank account or Credit Card payment via Payfast.
4.4) Opentouch SMB will provide the Customer with a Tax Invoice with delivery of the Goods.
4.5) The Customer shall not withhold payment or make set offs or deductions from any payment due by it for any reason whatsoever. No extension of payment of any nature will be granted unless reduced to writing and signed by the Customer and a duly authorised representative of Opentouch SMB.
4.6) Opentouch SMB shall have the right to suspend deliveries, refuse to accept Orders and exercise its rights in terms of clause GRANTING AND WITHDRAWAL OF CREDIT if any amount due by the Customer is unpaid or the Customer’s credit limit is exceeded.
4.7) If any amount owed is not settled in full on due date or on demand, Opentouch SMB is entitled to, without prejudice to any of its rights;
4.7.1) immediately institute action against the Customer;
4.7.2) hand the Customer over to its attorneys for collection of the outstanding debt, the Customer shall be liable for any legal costs incurred related to such collection; and/or
4.7.3) list the defaulting Customer as a defaulter with credit bureau in line with Regulation 19(4) of the National Credit Act 34 of 2005.
4.8) Should any amount not be paid by the Customer on due date, the full outstanding amount in respect of all purchases by the Customer shall become due and payable, and the Customer shall be liable to pay interest in respect of amounts unpaid at the prime rate (prime rate shall be the variable interest rate calculated and charged from time to time by First National Bank to its most favored corporate customers in respect of unsecured overdraft facilities, as certified by any manager or director of such bank, whose appointment need not be proved and whose certificate shall, save in the event of manifest error, be final and binding on the parties). Such interest shall be calculated and payable daily on the balance outstanding from time to time by the Customer and shall be added to the amount/s due to by the Customer in respect of the outstanding purchase prices of the applicable Goods ordered.
4.9) Opentouch SMB does not accept payment via cheque.
4.10) No discount or extension is allowed unless agreed to in writing by a duly authorised representative of Opentouch SMB.
5.) GRANTING AND WITHDRAWAL OF CREDIT
5.1) Opentouch SMB’s decision to grant credit to the Customer and the nature and extent thereof is at the sole discretion of Opentouch SMB.
5.2) In order to assess whether credit will be granted, the Dealer consents to a credit check to be conducted by Opentouch SMB through a credit bureau.
5.3) Opentouch SMB reserves the right to withdraw, increase or decrease any credit granted at any time.
5.4) A Customer with approved credit facilities as aforesaid hereby undertakes to ensure that any credit limit approved by Opentouch SMB is never exceeded. Accordingly, the Dealer hereby agrees and undertakes to promptly make whatsoever payments are necessary to ensure that any such credit limit is never exceeded. No Orders of the Customer will be executed by Opentouch SMB while any such credit limit is exceeded or any payment is overdue beyond the payment period set out above.
5.5) Where credit facilities of the Dealer have been withdrawn by Opentouch SMB, the Dealer agrees to make payment on a COD basis.
6.1) Goods will only be released once payment has been received by Opentouch SMB.
6.2) Any delivery note (copy or original) (“Delivery Note”) signed by the Customer and/or its authorised representative and/or its nominated agent and held by Opentouch SMB, shall be prima facie proof that delivery was made to the Customer.
6.3) The Customer must inspect the Goods on receipt and be satisfied that the Goods conform in all respects to the quality and quantity ordered and are free from any defects.
6.4) Upon receipt of the Goods the Customer will be asked to sign for the Goods received in good condition. If the package does not appear to be in good condition, or the Customer is unable to check the contents then please refuse the delivery. Failure to do so may affect any warranty claims that the Customer may make thereafter.
6.5) Opentouch SMB reserves the right to charge delivery charges.
6.6) The Customer may elect to instruct the preferred third party courier as elected by Opentouch SMB to deliver the Goods purchased, the delivery charges will be added to the Tax Invoice, alternatively the Customer may elect to instruct their own courier service for collection of the Goods and pay that courier directly. In either circumstance, the Customer indemnifies Opentouch SMB against any claims of any nature whatsoever that may arise therefrom.
6.7) When authorising Opentouch SMB to engage a Third Party Courier, the Customer understands and agrees that
6.7.1) the Customer and the preferred courier will be the parties to the Courier Service Agreement.
6.7.2) the Customer is bound by the terms and conditions of the preferred courier available on request from Opentouch SMB or from the courier directly.
6.7.3) the Customer will be liable for the couriers’ fees and same will be added to the Customer’s invoice, and payment thereof is as per the existing, agreed payment terms with Opentouch SMB.
6.8) All risk in the goods passes to the Customer when the Customer collects the goods from Opentouch SMB. Should the Customer elect to use the preferred courier, Opentouch SMB shall not be liable for any damage to, or loss of the goods once they leave the premises of Opentouch SMB. All risk in the goods passes to the Customer once handed over to the preferred third party courier. An invoice, signed by the courier shall be proof that the order was collected by the courier on behalf of the Customer. The Customer hereby indemnifies Opentouch SMB from any claims of any nature whatsoever that might arise from engaging the preferred courier's services, unless such claim arises as a result of gross negligence on the part of Opentouch SMB.
6.9) When using the preferred courier,
6.9.1) limited insurance may be included but is not guaranteed. Please confirm this at the time of carriage. Though not compulsory, it is advisable that the Customer takes out additional insurance (making use of your own personal insurance company) for the goods valued in excess of any insured amount (if any), while in transit.
6.9.2) Any complaints regarding damaged and/or missing goods will be made by the Customer to the couriers directly.
6.9.3) The turn-around time given for delivery is an estimate and Opentouch SMB cannot be held liable should the courier not deliver on time.
6.9.4) Delivery coverage areas may be adjusted from time-to-time by the preferred couriers. Opentouch SMB should be contacted to verify coverage.
6.9.5) The preferred courier rates relevant to Opentouch SMB per coverage area are available upon request.
6.10) Opentouch SMB is entitled to engage a third party courier to transport Goods to or from the Customer on its behalf.
6.11) A delivery date is only an estimate as to when the Goods will be delivered, Opentouch SMB does not guarantee that the Goods will be dispatched or delivered on any particular date and time, and the Customer shall have no claim against Opentouch SMB in respect of any loss occasioned by any reasonable delay in dispatch or delivery of any Goods ordered, nor may the Customer cancel any Order by reason of such delay.
6.12) The Customer undertakes to grant access to Opentouch SMB, its subcontractors and/or their respective employees to deliver the Goods ordered at such premises, and neither Opentouch SMB, its subcontractors nor their respective employees shall be liable for any loss and/or damage caused, whether by negligence or otherwise, to any person and/or property, and/or consequential loss or damages arising from the entry and/or activities of Opentouch SMB, its subcontractors and/or their respective employees, effecting delivery of the Goods ordered.
6.13) Opentouch SMB shall be entitled to split the delivery of the Goods ordered in the quantities and on the dates it decides with the prior consent of the Customer, which consent shall not be unreasonably withheld.
7.) OWNERSHIP AND RISK
7.1) As stated above, all risk in the goods passes to the Customer when the Customer collects the goods from Opentouch SMB. Should the Customer elect to use the preferred courier, Opentouch SMB shall not be liable for any damage to, or loss of the goods once they leave the premises of Opentouch SMB. All risk in the goods passes to the Customer once handed over to the preferred third party courier. An invoice, signed by the courier shall be proof that the order was collected by the courier on behalf of the Customer. The Customer hereby indemnifies Opentouch SMB from any claims of any nature whatsoever that might arise from engaging the preferred courier's services, unless such claim arises as a result of gross negligence on the part of Opentouch SMB.
7.2) Ownership in all Goods sold and delivered shall remain vested in Opentouch SMB until the full purchase price has been paid.
8.) RETURN OF GOODS
8.1) Return of Goods that did not match the Order
8.1.1) If the Goods do not match what was ordered, the Customer is requested to notify Opentouch SMB as soon as possible after delivery and the Goods must be returned to Opentouch SMB within 10 (ten) business days after delivery.
8.1.2) If the Goods are returned because they did not match what was ordered and the Goods are not in their original condition and repackaged in their original packaging, Opentouch SMB may be entitled in terms of the Consumer Protection Act to charge a reasonable amount for use of the Goods during the time they were in the Customer’s possession, any consumption or depletion of the Goods, or for necessary restoration costs to render the Goods fit for re-stocking.
8.2) Return of defective Goods
8.2.1) All Goods sold have a 1 (one) year warranty against defects. The Customer must keep their proof of purchase to verify the date of purchase. Please note that, in terms of the Consumer Protection Act, this warranty may fall away if the Goods have been altered contrary to instructions or after leaving the control of Opentouch SMB.
8.2.2) If the Goods are returned within 1 (one) year of purchase, and has been proven to be defective by a Opentouch SMB technician, Opentouch SMB, at its election, shall either replace, repair or refund the Goods.
8.2.3) Any Goods damaged due to power surges, black outs or lightning will not be exchanged under warranty.
8.2.4) The Customer hereby agrees that any item under warranty returned for a repair may be sold by Opentouch SMB to defray the cost of such repair if the item remains uncollected for a period of 30 (thirty) days after the repairs have been completed.
8.3) Return of unwanted Goods
8.3.1) Opentouch SMB reserves the right to charge a handling fee of up to 15% (fifteen per cent) of the value of the returned Goods in the event that a Customer cancels an Order and Opentouch SMB accepts the return of unwanted Goods. Opentouch SMB will only entertain such requests if made within 10 (ten) business days of delivery of the Goods.