TERMS AND CONDITIONS OF USE
DealNinja CC (hereinafter referred to as ’DealNinja’) welcomes you to our website, http://www.DealNinja.co.za.
Our objective is to provide you, the user, with an extensive range of computer products of good repute and excellent quality at affordable prices. By guaranteeing personal service in every transaction, DealNinja strives to deliver unparalleled customer service and satisfaction to every client, be it for orders large or small!
Viewing the website Persons viewing this website will hereinafter be referred to as ’the user’. By accessing and using this website the user is agreeing to and will be bound by the following terms and conditions as contained in sections B,C,D and E to follow below.
PURCHASING THROUGH THE WEBSITE
Persons purchasing products through this website will be referred to as ’the customer’. Users who purchase products through this website will in addition be bound by the provisions of section A below.
SECTION A: IMPORTANT CUSTOMER INFORMATION
SECTION B: WEBSITE CONTENT AND USAGE
SECTION C: PRIVACY AND SECURITY
SECTION D: INTELLECTUAL PROPERTY RIGHTS
SECTION E: DISPUTES SECTION
A: IMPORTANT CUSTOMER INFORMATION
1.1. DealNinja is a South African owned online store with suppliers abroad.
2.1 Any minor (a person under the age of 18) may use this website and services offered only with the consent of a major (a person 18 years and older), or where the court has granted that individual majority status.
2.2 If a customer represents that he/she is of sufficient legal age to use the website and services offered via this website then he or she will be bound by any legal obligations and liabilities that he/she may incur as a result of the customer’s use of this website.
2.3 The customer (of legal age) agrees to supervise all usage by minors of this website under the customer’s name of account.
3.1 The customer hereby warrants that every instruction and all information given by him/herself is correct, accurate and complete.
3.2 DealNinja will only warrant those products purchased from DealNinja.
3.3 Software and consumables, such as CDs, DVDs, Blu-Rays, computer software, games and all other consumables will not be refunded if opened or security seals are damaged.. If, however, the reason for the return is that the product is faulty, DealNinja will only replace the product with a new one of the same type.
3.4 All electronics hardware carries a Dead on Arrival warranty, unless specifically stated otherwise on this website. Software and consumables do not carry any warranties.
3.5 Products that are found to be defective by either DealNinja, or one of its representatives, and found to be defective within 10 (ten) days of the customer receiving it, will be eligible for either a repair, a replacement or be fully refunded.
3.6 Products that are found to be defective by either DealNinja, or one of its representatives, and found to be defective within 30 (thirty) days of the customer receiving it, will be eligible for either a repair or a replacement.
3.7 DealNinja makes no representations, nor gives any warranties of any nature as to the availability of any communications network or systems of any third party on whom the customer or DealNinja rely to provide any of the services.
3.8 Warranty does not apply to either defects resulting from wear and tear, physical damage, where the customer, or anyone unauthorised by DealNinja, has altered, damaged or removed the warranty seal(s) and/or screws, or hardware and/or software that is not compatible with the customer’s existing system or operating system.
3.9 The customer hereby acknowledges that no additional warranties to the ones already mentioned in these terms of usage will be given by DealNinja for items purchased on this website, unless specifically stated on this website.
3.10 In all cases, take a photo of the packaging and the waybill of your items and include that in communication to us. This is especially required if you items were damaged during shipping, item and missing and you would like to claim. Without this evidence we can not rule out delivery damage by the customer after receipt of the order/items.
4.1 The customer in entitled to a two (3) calendar days cooling off period.
4.1.1 The cooling off period commences from the date and time that appears on the tax invoice.
4.1.2 The cooling off period allows for the customer to cancel his/her purchase, and obtain a full refund (excluding delivery) within seven (7) calendar days. The order can NOT be cancelled once placed with our warehouse and especially once it has been shipped. We usually place the order with our warehouse parners within 2-3 business days of your payment clearing. Once this has happenen a cancel + refund is not possible as your order has already started processing.
4.1.3 The cooling off period does not apply to items which has been opened/ seals broken, consumables which have been opened/ seals broken or any product which by reason of their nature cannot be returned (including electronic vouchers) due to the fact that the security seal was tampered with and/or the product has been used.
4.1.4 The cooling off period does not apply to hardware which has been opened/ seals broken.
4.1.5 The cost of returning the product, during the cooling off period, will be at the customer’s expense. Products that are damaged in transit will not be credited or refunded and DealNinja will not be liable for the damages.
4.1.6 All items must be returned as unused in their original, un-opened packaging to be able to be returned for a refund.
4.2 Customers that wish to return a product after the cooling off period but within ten (10) calendar days after date that appears on the tax invoice will be subject to a twenty (50) percent (%) restocking fee. Products that are returned open/ seals broken and/or with missing items (such as manuals, warranty cards, accessories and other materials belong to that item) will not be credited/ refunded.
4.3 Software will only be credited if the packaging is unopened/seals unbroken and accompanied by a police affidavit.
4.4 Consumables (such as toners, inks, CD’s, Blu-ray discs, etc.) can only be returned for credit as long as it is unopened/sealed and unused.
4.5 Products that are found to be defective within 30 (thirty) days can be returned to DealNinja at Customer’s expense.
4.6 Products that are found to be defective after 30 (thirty) days can be returned to DealNinja at Customer’s expense and can be repaired by the originating supplier (mostly abroad) but all expenses relating to shipping and insurance would be for the Customer's expense.
4.7 Should DealNinja have supplied the incorrect product, DealNinja must be notified within 24 hours of receiving the product. DealNinja will then exchange the incorrect product for the correct product. Should the correct product not be found within seven (7) days and delivered within ninety (90) days, DealNinja will refund the full purchase price after the original product has been returned to DealNinja at DealNinja's expense.
4.8 Should the customer not be fully satisfied that his/her product is in mint condition, the customer has the right to return the product within 1 day of receipt for a replacement (takes up to 90 days) or a refund on the purchase price of which either is at DealNinja's sole discretion.
5.1 The price of each product is indicated on the website. Where specials are applicable, special and discounted prices will be displayed and will be applicable only for the time period indicated.
5.2 Value added tax (VAT) at the rate of 14% is NOT charged on goods purchased in South Africa. All prices displayed on the website are exclusive of VAT unless otherwise indicated.
6.1 All items purchased from DealNinja not collected by the customer are purchased pursuant to agreements with shipping and delivery agents and risk of loss pass from DealNinja to the the Customer once the Post Office has issues a deliver notification to the Customer. If the Customer does not collect the purchase in time (around 30 days) and it is shipped back abroad it will incurr delays and additional shipping charges for the account of the Customer to return the product back to the customer.
6.2 In the absence of an indication by the customer that DealNinja is to arrange for delivery of the product, DealNinja will make the product available for collection by the customer at the customer's local post office until collected or returned internationally via airmail (see notes on this in the point above).
6.3 If DealNinja does not hold stock of any kind whatsoever. To keep our prices to a minimum stock is kept by our parner warehouses in Sweden, UK, USA, China, Singapore and Malaysia. The price as indicated on our website does not include any warfage and customs clearange and import fees. Warfage/clearange fee is usually charged at R25 excl. VAT by the Post Office and sometimes plus 14% (VAT) up to 30% of the value of the parcel in duties. Our prices are very low that even if you add this to the order that you would still be paying wholesale prices (No guarantee is made here).
6.4 Should the customer indicate that DealNinja is to arrange for delivery, DealNinja will cause delivery to take place by engaging the Post Office via airmail. The customer will be responsible for the costs of delivery.
6.5 DealNinja can only arrange deliveries within South Africa’s borders.
6.6 Customers wishing to have their order delivered outside South African can do so at their own expense and risk.
6.7 DealNinja accepts no liability for any consequential loss or damage to the product or the customer howsoever caused after handing the product over for delivery by the third party courier, either from late or non-delivery.
6.8 Customers wishing to have their order insured (opt-in) must notify DealNinja before his/her order is placed and shipped.
6.9 DealNinja will calculate the insurance charge applicable to the order in question and stipulate the exact insurance charge. Once the customer has accepted the insurance charge, DealNinja will add the insurance charge to his/her order. The customer will be liable for the delivery and insurance charges.
6.10 DealNinja will however, do its utmost to ensure that delivery takes place within 90 days of shipment (Shipment is usually 3 business days after payment but can in out of stock situations take up to 2 weeks). If an item is not delivered within 90 days from shipment the item which has not arrived will be refunded and when the item arrives the customer is eligible to keep it. This can only be done after a polic affidavid has been submitted to confirm that the item did not arrive within 90 days. Delays caused by strikes in the delivery chain (OR Tambo, Customs, JIMC and the South African Post Office and delays caused over Christmas and the Chinese New Year (February) will automatically void this clause (refund if an item is not delivered within 90 days after it was posted) and issues will be resolved on a case-by-case basis at the guidance and discretion of DealNinja.
6.11 DealNinja will do its best to inform the customer of any delay in delivery, and will remedy it to the best of its ability.
7. DELIVERY AND INSURANCE COSTS
7.1 The cost of delivery within the borders of South Africa is determined as follows:
7.1.1 Delivery charges are calculated either according to weight, or per order and may vary according to season and courier.
7.1.2 DealNinja will calculate the delivery charge applicable to the order in question and stipulate the exact charge during the ordering process. Once the customer has confirmed his/her order with delivery, he/she will be liable for the delivery charges.
7.2 The insurance charge is determined as followed:
7.2.1 The insurance charge for orders being delivered by the South African Postal Service (hereby referred to as SAPO), is calculated at three percent (3%) of the customer’s order total. The excess payable is at the sole responsibility of the customer.
7.2.2 The insurance charge for orders being delivered by DealNinja’s courier companies (hereby referred to as DealNinja’s couriers), is calculated at three percent (3%) of the customer’s order total. The excess payable is at the sole responsibility of the customer.
8.1 If the customer selects the ’Online Banking’ button, instructions will be given on how to deposit monies into the DealNinja bank account.
8.3 The exact amount must be paid. For EFT payment, please add R50 to the total or your order will not start to process.
8.4 The payment must be identified by supplying the order number of the customer in the beneficiary’s reference section.
8.5 Cheque payments will only be accepted if deposited into DealNinja’s bank account and are subject to clearance before the customer’s order is processed.
8.6 International payment will be accepted only if all fees associated with international payments are paid for by the customer.
8.7 Orders not paid for within five (5) calendar days will be cancelled unless an arrangement has been made by the customer and DealNinja.
9. AGREEMENT OF SALE
9.1 A customer placing an item into their shopping cart or wishlist without completing the purchasing procedure does not:
9.1.1 enter into an agreement of sale, or
9.1.2 place an order for such an item, and DealNinja can remove such items from the customer’s wishlist or basket in the event that there is no stock.
9.2 An agreement of sale will be reached between DealNinja and the customer only after:
9.2.1 the purchasing procedure has been completed, and
9.2.2 DealNinja has received payment, in full, by the customer within two (2) calendar days of completion of the purchasing procedure, and such payment is reflected in full in DealNinja’s bank account.
9.3 DealNinja reserves the right to refuse to accept and/or execute an order without giving any reasons whatsoever. DealNinja shall only be liable to refund monies already paid by the customer.
9.4 DealNinja reserves the right to refuse, for purposes of preventing suspected fraud, to accept or process any payment and/or order. Should fraud be found, DealNinja will not be liable to refund monies paid to the customer until told to by law.
9.5 DealNinja will do its best to maintain the correct selling price. However, should errors occur and items are offered at incorrect prices, DealNinja will not be obliged to sell goods at such incorrect prices and shall only be liable to refund monies paid.
9.6 Stock availability is only checked once the order is placed with our warehouses, this is between 2-4 business days after payment has cleared. If stock is not available the customer can choose to wait or have the money refunded and the order cancelled.
10. TERMS AND TERMINATION
10.1 These terms and conditions shall only apply to the customer once he/she has registered for an account on DealNinja.
10.2 These terms and conditions shall only apply to the customer once he/she has agreed to them during the checkout process on the DealNinja website.
10.3 Termination of this agreement will occur when the customer deregisters his/her account on the website, or when DealNinja removes the customer’s account.
10.4 All activities performed on this website are subject to the terms and conditions set down by DealNinja.
10.5 These terms and conditions are legally binding.
10.6 These terms and conditions may be modified at any time.
11. SUBMISSION BY THE CUSTOMER TO DealNinja
11.1 DealNinja is not responsible for any information and data submitted to DealNinja by the customer.
12.1 DealNinja reserves the right to verify any type of communication that takes place between DealNinja and the customer. Should DealNinja deem verification of any information necessary, DealNinja will not be bound to the purchase agreement of any order until verification has taken place.
12.2 DealNinja shall be entitled to establish the authenticity of any communication transmitted between DealNinja and the customer. The Customer agrees that all instructions, orders, consents, commitments and any other communications which purport to emanate from the customer and which are sent to DealNinja by way of the Internet and which may (as a result of interception, equipment malfunction, the distortion of communication links or any other reason whatsoever) be different from the details actually sent or given, or may not have been given by you at all, shall be deemed to have been given by the customer in the form actually received by DealNinja and the customer will be bound by such details with no liability of whatever nature attaching to DealNinja.
12.3 The customer waives any rights he/she may have or obtain against DealNinja arising directly or indirectly from any loss or damage of whatsoever nature, which the customer may suffer as a result of the fact that DealNinja has acted on the customer’s instructions or instructions purporting to emanate from the customer. The customer agrees to and hereby indemnifies DealNinja against all and any claims, liabilities, losses, costs, fines, damages, and expenses incurred (whether directly or indirectly) by the customer, arising as a result of the fact that DealNinja has acted on the customer’s instructions or instructions that purport to emanate from the customer.
SECTION B: WEBSITE CONTENT AND USAGE
13.1 On this website DealNinja provides information about the company generally and for purposes of the Electronic Communications and Transactions Act (ECTA). ECTA states that when we offer goods or services by way of certain electronic transactions, we must make the following information about us available to customers on websites where the goods or services are offered:
Full name: DealNinja.
Main business: Online retailer.
Address for receipt of legal service: PO BOX 32431, Waverley, Pretoria, 0135
Official email address: shop@DealNinja.co.za.
14. CONTENT OF THIS WEBSITE
14.1 The content of this website will be updated on a regular basis, however, DealNinja makes no representations or warranties, whether express, implied in law or residual, as to the accuracy, completeness or reliability of information, opinion, data or content contained on the website.
14.2 DealNinja reserves the right to change any content on this website and to do so without notice to the customer.
14.3 Pictures displayed on DealNinja website are for display purposes only and might differ from the actual product.
15.1 The customer agrees to abide by these Terms and Conditions and to use this website for legal purposes only.
15.2 The customer is financially responsible for the use of the website (as well as for use of the customer’s account by others, including, without limitation, any person under the age of eighteen years).
15.3 Any misconduct by the customer in any way that DealNinja deems unfit is prohibited. The customer is prohibited from posting or transmitting any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law.
15.4 The customer is prohibited from using any false email addresses, or impersonating any other person or entity.
15.5 When a user visits DealNinja or sends e-mails to DealNinja, that user consents to receiving communications from DealNinja electronically and agrees that all agreements, notices, disclosures and other communications sent by DealNinja satisfies any legal requirements, including, but not limited to, the requirement that such communications should be "in writing".
16.1 DealNinja will not be held responsible for any loss, damage, liability, personal injury (both physically and mentally) or expensive of any nature whatsoever which is done to either the customer or a third party as a result of any one of following:
16.1.1 the use of and reliance on any information provide on this website.
16.1.2 any emails received from this website or any employee of DealNinja.
16.1.3 support from this website or from any employee of DealNinja.
16.1.4 any virus, spyware, malware or malicious activity that may affect the customer’s computer or other personal property as a result from viewing this website.
16.1.5 the use of information or data that is available on this website.
16.1.6 failure, delay or unavailability of this website and/or services required via DealNinja for whatever reason.
16.1.7 the supply, or failure or delay in supply, for any service offered by this website or any employee of DealNinja.
16.1.8 the breach of these Terms and Conditions by the customer.
16.2 This web site is supplied on an "as is" basis and has not been compiled or supplied to meet the user’s individual requirements. It is the sole responsibility of the customer to satisfy itself prior to entering into this agreement with DealNinja that the service available from and through this web site will meet the user’s individual requirements and be compatible with the user’s hardware and/or software.
16.3 Although DealNinja aims to provide 24 hours a day online service every day of the year, DealNinja will not be held responsible for any down time that may arise.
16.4 DealNinja reserves the right to suspend operations of the website at any time and without giving notice or reasons therefore.
SECTION C: PRIVACY AND SECURITY
17. STATEMENT OF PRIVACY
17.1 The customer’s privacy is highly important to DealNinja. For this reason NO customer information shall be given or sold to any third party unless required to do so by law.
17.2 DealNinja reserves the right to release to third parties, in aggregate format, data pertaining your use of DealNinja’s services and this website, provided that such data is released as statistical totals and does not contain information which specifically identifies a particular customer of DealNinja.
17.3 Without limiting the generality of the aforementioned, DealNinja reserves this right in order to be able to release to potential advertisers and other third parties statistical information regarding the number of customers of DealNinja, their age and gender profiles and their frequency of using DealNinja’s service and website.
17.5 When the customer creates an account with DealNinja and places an order with DealNinja, the following information is stored permanently to facilitate the processing of warranty returns: Customer Name, Email Address, Telephone Number, and Physical Address, in addition as details relating to the products you ordered (Name of product, quantity, and price). DealNinja does not store any customer financial details (like credit card numbers).
17.6 The customer has the option to receive newsletters, and status of orders from DealNinja. The customer will have the option to "opt-in" of the newsletter sent by DealNinja by simply logging into their account and disabling the ’Receive Newsletter’ option.
17.7 DealNinja reserves the right to view any communications made using the comments, forums or private messaging sections of the site.
18.1 Any person that delivers or attempts to deliver any damaging code to this web site or attempts to gain unauthorised access to any page on this web site shall be prosecuted and civil damages shall be claimed in the event that DealNinja suffers any damage or loss.
18.2 The customer agrees and warrants that their log-in name and password shall:
18.2.1 be used only by that person, and
18.2.2 not be disclosed to any third party.
19.1 No person, business or web site may link to any page on this site without the prior written permission of DealNinja. Permission could be obtained from the person referred to in clause 2 hereof.
20. SPIDERS AND CRAWLERS
20.1 No person, business or web site may use any technology to search and gain any information from this website without the prior written permission of DealNinja. Such permission could be obtained from the person referred to in clause 2 hereof.
SECTION D: INTELLECTUAL PROPERTY RIGHTS
21. INTELLECTUAL PROPERTY RIGHTS
21.1 All the content, trademarks and data on this web site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to DealNinja and as such are protected from infringement by local and international legislation and treaties.
21.2 The trademarks, names, logos and service marks (collectively "Trademarks") that pertain to DealNinja displayed on this Website are registered and unregistered Trademarks of DealNinja, nothing contained on this Website should be construed as granting any license or right to use any Trademarks without the prior written permission of DealNinja. Permission could be obtained from the person referred to in clause 2 hereof.
21.3 Other trademarks, names, logos and service marks used are the property of their respective owners.
22.1 Copyright 2015 © DealNinja PO BOX 32431, Waverley, Pretoria, South Africa. All rights not expressly granted are reserved.
22.2 Users may download, view and print content from this site for private and non-commercial purposes only.
22.3 All moral rights of DealNinja and its employees/agents are reserved.
22.4 Users are encouraged to inform DealNinja of any content that may be offensive or illegal.
SECTION E: DISPUTES
23.1 In the event of any dispute of any nature whatsoever arising between the parties on any matter provided for in, or arising out of this agreement, and not resolved through contacting the owner of DealNinja, then such a dispute will be settled by mediation.
23.2 DealNinja reserves the right to appoint a mediator of its choosing.
23.3 The customer will be liable for all fees resulting from a dispute.
24.1 DealNinja chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, PO BOX 32431, Waverley, Pretoria, South Africa