1.2 By utilising the Nceda Business Technologies website, you agree to be bound by the Terms as set out in this legal notice.
2 Important Notice
2.1 Nceda Business Technologies acknowledges that the Terms and Conditions applies to consumers as defined in the Consumer Protection Act, 68 of 2008 (“the CPA”).
2.2 No provisions set out in the Terms should be interpreted or is intended by Nceda Business Technologies to unlawfully limit, avoid or restrict any right or obligation that either Nceda Business Technologies or the Consumer is afforded in terms of the CPA.
2.3 In the event that the Consumer is unclear as to any provision contained in the Terms, it is the responsibility of the Consumer to contact Nceda Business Technologies to clarify such provision before continuing to make use of the Nceda Business Technologies website, mobi-site or software application.
2.4 Nceda Business Technologies permits the use of the website subject to the Terms. By using the website, the Consumer shall be deemed to have accepted all the Terms unconditionally. In the event that the Consumer does not agree to the Terms, the website should not be used by the Consumer.
3 Returns Policy
3.1 Nceda Business Technologies has a 7 (seven) day return policy. In the event that you are dissatisfied with the purchase for any reason, you may return the product to Nceda Business Technologies, subject to the provisions of clause 3.2.
3.2 Products returned will be eligible for an exchange/refund provided that:
3.2.1 The products are in the same cosmetic condition, undamaged and unused, with the original labels and stickers still attached;
3.2.2 The products returned are not missing any accessories or parts;
3.2.3 That Nceda Business Technologies is notified of the return within 14 (fourteen) days from receipt of your order;
3.3 Nceda Business Technologies will, upon receipt of the returned product, inspect the product and validate that the returned product complies to the provisions of clause 3.2.
3.4 In the event that the product is received in good order as per clause 3.2, the product may be exchanged for an alternative product or refunded the purchase price, less a 15% restocking fee and/or any other fee that Nceda Business Technologies may be entitled to in terms of the CPA.
3.5 Delivery fees are non-refundable.
3.6 Re-shipping fees will be for your account.
4 Defective Products
4.1 Nceda Business Technologies will do all things possible to ensure that the products delivered are in good working order, of high quality and free of any defects.
4.2 For purposes hereof, defective products are defined as products received from the manufacturer which contain any imperfections as a result of the manufacture of the product and/or any characteristics of the product that do not comply with the specifications of the product as specified by the manufacturer.
4.3 Defects, for purposes hereof, will not include:
4.3.1 Damage to the products resulting from normal wear and tear;
4.3.2 Damage to the product arising from the misuse and/or use of the product that is not in accordance with the user guide e.g. the product being exposed to moisture, dampness, extreme thermal or environmental conditions, corrosion, oxidation, spillage of food or liquid on the product and the influence of chemical products to the product.
4.3.3 Damage to the project arising from electrical surges and/or sea air corrosion;
4.3.4 Damage to the project arising from the failure to adequately care for the product;
4.3.5 Damage to the product arising from unauthorised alterations made to the product;
4.3.6 Where the specifications of the product do not suit the consumer, although accurately described on the website and/or in other material provided to you by Nceda Business Technologies and which products are generally fit for its intended purpose.
4.3.7 Reduced charging capacity of the battery resulting from its natural end of product life
4.3.8 Pixel defects in your Product’s display that are within the scope of industry standards;
4.3.9 SIM card and/or any cellular or other networks or system on which your Product operates;
4.3.10 Damage caused to the product by connecting the product to any product, accessory, software, or service not manufactured or supplied by Manufacturer;
4.3.11 Damage or errors caused by hacking, cracking, viruses, or other malware, or by unauthorized access to services, accounts, computer systems or networks.
4.4 Nceda Business Technologies will exchange or repair or refund any products, upon completion of an inspection of the product and/or diagnostics of the product and in the event that the product is found to be defective in terms of the provisions of clause 4.
4.5 In the event that you return a defective product and fail to return all of the accessories and/or any parts that were sold with the product, Nceda Business Technologies is entitled to (subject to the applicable law) to either refuse the return, replace the returned item only or to estimate the value of the missing accessories and parts and to only refund you in respect of the returned item.
5 Choice of law
5.1 The website is controlled, operated and administered by Nceda Business Technologies Technologies (Pty) Ltd from its offices within the Republic of South Africa.
5.2 The Agreement will be governed by the laws of the Republic of South Africa, and you consent to the jurisdiction of the North Gauteng High Court in the event of any dispute.
5.3 If any of the provisions of the Agreement are found by a court of competent jurisdiction to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible so as to give effect to the intent of the Terms, and the remainder of the Terms will continue in full force.
6.1 Nceda Business Technologies will send any legal documents or notices to you to the email address provided by you upon conclusion of a purchase agreement. Nceda Business Technologies will regard a communication sent by email as having been received by yourself one day after it was sent.
7 Amendments to the Terms
7.1 Nceda Business Technologies may change, modify, add to or remove from portions or the whole of these Terms. Changes to the Terms will become effective when the changes are posted on the website. Your continued use of the website following the posting of changes or updates will be considered as your acceptance of the updated Terms.
8.1 A valid payment method, including credit card, PayPal or electronic fund transfer, is required to process any order received by Nceda Business Technologies. You shall provide Nceda Business Technologies or its designated third-party payment processing company, with accurate and complete billing information including your full name, address, telephone number, and other information required for a valid payment.
8.2 Nceda Business Technologies makes use of third-party payment processing companies to collect payment information, which may include your credit card number, billing address and phone number. Nceda Business Technologies will only share this payment information with such third-party processing companies as required. Nceda Business Technologies will not collect or store your payment information.
8.3 Only upon receipt of the full purchase price and any applicable charges for delivery, will Nceda Business Technologies process your order, unless otherwise agreed in writing and in advance with Nceda Business Technologies.
The processing of your payment and acknowledgement of your order does not constitute legal acceptance of your order. Where Nceda Business Technologies accepts your order, and confirms receipt of the order, Nceda Business Technologies will do all things possible to supply goods that adhere to the terms and conditions and the order received.
9 Availability of goods
9.1 All products displayed and/or advertised on the website are subject to availability.
9.2 While Nceda Business Technologies endeavours to hold sufficient stock to meet all orders, Nceda Business Technologies cannot guarantee that it has sufficient stock to fill the order.
9.3 In the event that Nceda Business Technologies cannot supply your ordered goods, Nceda Business Technologies will attempt to contact you by utilising the details provided by yourself and inform you of such.
9.4 Should Nceda Business Technologies be unable to fill an order, you will be entitled to a full refund of the purchase price paid within a period of 30 (thirty) days from notification by Nceda Business Technologies of its inability to fill your order.
10 Cookies Policy
10.1 Nceda Business Technologies may store some information (commonly known as a “cookie”) on your computer when you visit our web site. This enable Nceda Business Technologies to recognise you during subsequent visits. Should you choose to do so, it is possible (depending on the browser you are using), to be prompted before accepting any cookies, or to prevent your browser from accepting any cookies at all. This may however cause certain features of the website not to be accessible.
11.1 Your personal information is private and confidential and is treated by Nceda Business Technologies as such.
11.2 Personal information collected by Nceda Business Technologies may include your name, title, company or organisation name, customer e-mail and phone number.
11.3 The Personal information as detailed in clause 11.2 will be used to provide the products ordered.
11.4 By using the website, you agree to the Terms and authorise Nceda Business Technologies to provide you with important information regarding the products ordered which may include information regarding critical updates and notifications. Nceda Business Technologies is further authorised to provide you with information regarding other Nceda Business Technologies products and services.
11.5 Nceda Business Technologies will take all reasonable steps to secure and protect your data and to ensure that your information is handled in accordance with the Terms.
11.6 However, it is possible for Internet-based communications to be intercepted or servers to be hacked. Nceda Business Technologies will not be responsible for any damages you or any third party may suffer as a result of the hosting or transmission of confidential or disclosed information that you make to Nceda Business Technologies through the Internet, or that you expressly or implicitly authorises Nceda Business Technologies to make, or for any errors or any changes made to any transmitted information.
11.7 To ensure acquaintance with and awareness of the privacy measures and policies of Nceda Business Technologies, you are urged to take care to read and understand the privacy clauses incorporated in these Terms.