Terms & Conditions - Audioholics

Terms & Conditions

TERMS AND CONDITIONS

You are urged to read our terms and conditions below in order to fully understand its contents and implications to any party. Please consider all of the aspects of our terms and conditions with the importance that it deserves. If there is anything in our terms and conditions that is unclear please feel free to contact us for clarification. It is deemed and accepted to be your responsibility that you understand the terms and conditions herein. By you using any part of our website you have deemed to accept our terms and conditions accordingly. If you do not agree to any of our terms and conditions, please do not use our website.

PROPRIETOR

This site is owned and run by Audioholics (referred to in these terms as Audioholics, “we” or “us).

INTRODUCTION

Welcome and thank you for using the Audioholics website (“the website”) www.audioholics.co.za.

LEGALLY BINDING AGREEMENT

All users are bound by these terms and conditions. Please read these terms and conditions carefully before accessing or using our website. By using this site, you acknowledge that you have read and accepted these terms and conditions. These terms and conditions may be changed without notice. Your continued use of the website signifies your acceptance of any amendments or alterations made to these terms and conditions. Changes and clarifications will take effect immediately upon their posting on the website.

Any new features or tools which are added to the current store or website will also be subject to these terms and conditions.

PRIVACY POLICY

All personal data which you provide will be treated by us with the utmost security and confidentiality. Please feel free to read our privacy policy.

LINKS

When you click on links on our website, for example, Facebook, Twitter, Instagram, etc. they may direct you away from our site. We are not responsible for the privacy practices or policies of other sites and encourage you to read their privacy statements before accessing their sites.

Certain content, products and services available via our website may include materials from third-parties.

Third-party links on this site may direct you to their websites that are not affiliated with us. We are not responsible for examining or evaluating their content or accuracy. We do not guarantee, nor are we liable or responsible for any third-party materials or websites, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please carefully review the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

EMAIL POLICY

Why do we need your email address? Most importantly, we need it to send you information regarding your requests etc. Of course, we would also like to keep you up to date on our activities and events happening at Audioholics. If you would not like to receive marketing or promotional materials from us, please click the ‘unsubscribe’ link at the bottom of the last email newsletter we send you. This is further defined in our privacy policy.

PAYMENT

Please note: Audioholics will NEVER ask you to provide sensitive or confidential information via email so please do not provide such information to anyone if asked to do so.

PROHIBITED USES

In addition to other prohibitions as set forth in these terms and conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, national, provincial or local regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) the collection or use of any listings, descriptions, or price lists from the Site, for the benefit of a competing merchant that supplies products comparable to those offered on the website; (l) any use or action that imposes an unreasonable or disproportionately large load of traffic on the Site, (m) incorporating any e-mail addresses, names, telephone numbers, and fax numbers published on the website in any database used for electronic marketing or similar purposes; or (n) otherwise interferes with its proper and timely functioning ;to interfere with or circumvent the security features of any related website, other websites, or the Internet. We reserve the right to terminate your use of our site or any related website for violating any of the prohibited uses.

No information on the website may be used for unsolicited communications to Audioholics. All rights detailed in Section 45 of the Electronic Communications and Transactions Act are reserved.

OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither have any control nor input in. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms by which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these terms and conditions.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these terms and conditions.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain defamatory or otherwise unlawful, abusive or obscene material, or contain any computer virus that could in any way affect the operation of our or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

ERRORS, INACCURACIES AND OMISSIONS

We will at all times endeavor to provide accurate information however, occasionally there may be information or pricing on our site that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information that is inaccurate at any time without prior notice.

We are not responsible if information made available on this site that is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

We undertake no obligation to update, amend or clarify information on any related website, except as required by law. No specified update or refresh date applied on any related website should be taken to indicate that all information on any related website has been modified or updated.

NEW USERS, REGISTERING AND USE OF OUR WEBSITE

No minors, children or anyone under the age of 18 may be permitted to register on our website without express parental/guardian consent. In order to register a personalised or unique username and password must be selected. Certain information and personal details may be requested and will be provided to Audioholics. You agree that any information provided to Audioholics will not be used for any other purposes other than registering or intending to purchase from Audioholics as a legitimate client or customer. Audioholics reserves the right to revoke any users access at any time at its sole discretion. You hereby confirm that any information given via the website, email or any other way to Audioholics will be deemed to be correct and any error or omission will be the sole responsibility of the client or user. Audioholics cannot be held responsible for any errors whatsoever. 

It will be your duty and responsibility to immediately inform Audioholics to revoke access or disable your account for whatever reason. You hereby agree not to use any kind of device or instrument to interfere with the proper working of the website. No part of the website or its entirety may be distributed in any way, form or manner to cause disrepute or defame Audioholics. Any information on the website may not be republished, copied or reposted for any other use but to the benefit of Audioholics. You hereby agree that any information that you rely on from the website to make a purchase or design a solution, has been done at your own risk.

SALES & RETURN OF PRODUCTS

All goods will remain the property of Audioholics until fully paid for and funds have cleared in the bank account of Audioholics.

ANY purchases, whether it be directly through our website or through a manual process, will be deemed as an acceptance of our terms and conditions. 

It is further and expressly accepted that if the tick box “I accept all terms and conditions” has been checked or ticked, when purchasing any products through our website, it will again be deemed that you have accepted the terms and conditions accordingly. Audioholics reserves the right to reject or reverse any sale at their discretion.

STOCK AVAILABILITY WHEN PLACING AN ORDER

We encourage you our client to please check stock availability before placing and paying for any orders. By the product simply being on our website, must not be construed as the product being in stock. Due to the nature of our business and products we offer, it is to be accepted and considered that all items are highly specialised items and not mass market product whatsoever. It is to be further noted that our products are considered special order items.

By placing or paying for any orders; it is accepted that you have 1st checked with Audioholics and are satisfied with whatever the stock situation currently is. If for whatever reason there is no stock or any stock items are on back order, it is it further agreed and accepted, that you will patiently wait for your products and order to come back into stock in order to complete your order. In the event that there is any kind of stock shortage of whatever nature, you waive the right to any type of refund. 

If all items ordered are in stock your order will be processed and either deliver to you all will be available for collection as designated during your checkout process.

PRODUCTS/ORDERS OUT OF STOCK OR ON BACK ORDER 

If for whatever reason there is an unforeseen stock availability issue, Audioholics reserves the right to offer a client an equivalent, alternative or substitute product, with your approval. Alternatively a store credit may be issued to the client for any other product that may be available. 

REFUNDS

The only time that a full refund may be considered is in the event of a stock availability issue and you placed your order and paid directly via Direct Transfer (EFT) during the checkout process. If any other payment gateway is / was used or mechanism, a refund will not be considered whatsoever. 

It is to be further noted that when you ticked the box “I accept all terms and conditions” during the checkout process you implicitly and irrevocably accepted this condition.

In the event that a refund has been considered and approved as described above, a refund may take up to but not longer than 30 days to be processed and transferred back into your bank account. We will only refund back into the original bank account that was made to our bank account when making a Direct Transfer (EFT).

FAULTY GOODS

Faulty goods need to be sent back to Audioholics within 24 hours. The customer is responsible for the return of all products and the costs associated with the return.

Where a purchased product is found to be defective or un-used within 7 days from the date of purchase, a full refund may be approved. If a purchased product is found to be defective, it is the client’s responsibility to notify Audioholics immediately. Any unreasonable period of time taken to notify Audioholics will immediately forfeit a possibility of a refund. Any refunds of whatever nature, once approved by Audioholics, will be refunded within 30 days of the approval date.

REFUNDS ON GOODS RETURNED

A 25% (twenty five percent) handling fee may be levied should the goods returned not be in exactly the same condition as it was at the time of purchase with all packaging intact, unopened and complete.

Credits/refunds will not be issued whatsoever should faulty goods be returned.

STORE CREDITS

Before a credit may be passed, all items that are returned will be assessed by Audioholics to be deemed fit for return and credited as set out in these terms and conditions. Should there be any reason that Audioholics cannot assess the product, or require further assessment from the South African authorised distributors, it will first be sent to the supplier for testing and approval for credit, swop out or repair. In the sole discretion of Audioholics, if a product is to be returned, it will be credited to the client and the credit will be used towards the purchase of another product. No Refunds will be done.

No refunds where a Direct Transfer (EFT) was done or a store credit will be considered in respect of the return of opened, unboxed, seal removed, damaged or faulty equipment.

QUOTATIONS & SPECIAL PRICE REQUESTS

Quotations are only valid for a period of 24 hours unless explicitly otherwise stated.

Audioholics will not accept responsibility for the guaranteed supply and price of products quoted on (this is due to factors such as volatile currency exchange, unexpected supplier price changes stockholding etc). We always reserve the right to adjust pricing.

Audioholics will not guarantee the price validity and stock availability of a third party supplier.

All quotes, invoices and prices without exception will be subject to the terms and conditions stated herein. No transaction or correspondence will be deemed valid without adhering to these terms and conditions.

Prices, specifications, images or any content are subject to change without prior notice and we cannot be held liable for any discrepancies.

Errors and Omissions expected. Audioholics may not be held liable for any errors or inaccuracies on our website.

WARRANTY & REPAIR TERMS

Only goods purchased directly from Audioholics will be considered for warranty. Should an item have been purchased from a different vendor and not from Audioholics directly, the item would need to be returned to the vendor from which it was purchased.

All Audioholics products are warranted against defects, for a period of 1 year unless otherwise specified by the authorised South African distributor. This is subject to change without notice and at the sole discretion of the authorised South African distributors. All warranties offer full body South African authorised distributors and not Audioholics in any way or manner.

Any warranty returns need to be accompanied by the tax invoice. No warranty returns will be accepted without a physical copy of the invoice on which the item(s) were purchased on.

Audioholics will book the equipment with the applicable South African distributor’s technical department upon receipt of the unit(s). The unit(s) will then be tested and a quote to repair, which is only valid for 7 days, will be issued. The time taken for the equipment to be assessed is completely dependent on the official South African distributors. Audioholics cannot be held liable for these time frames whatsoever.

The brand manufacturer or official South African distributor, at their discretion will repair or replace a product found to be defective during the warranty period. 

If a unit can be repaired, it will not be swopped out/replaced by the distributor. We work under the rules and regulations of each brand’s officially appointed South African distributor and cannot be held responsible outside of their policies. Any issue or discrepancy will have to be taken up directly with the distributor.

Audioholics does not supply loan units.

REPAIRS OUT OF WARRANTY

For repairs out of warranty, a non-refundable R1000 assessment fee per item, is payable upfront and can only be booked in via our online repair book in form. Should the client proceed with the repair(s), this fee will be deducted from the repair quote. If no fault is found all if the quotation is rejected by the client the assessment fee above will be forfeited by the client.

A suitable replacement quote will be issued should the unit(s) be uneconomical to repair.

Each manufacturer’s technical department has a different turn-around-time & same will be communicated to the client. Should spare parts be unavailable & be flown into the country, an additional 4 – 6 weeks may be required.

Any repair time given by Audioholics for items that were sent back to supplier, is merely an estimate based on information supplied by the distributor and Audioholics will not be bound by it.

Audioholics only services/repairs the equipment brands that we sell, as we only make use of the appointed South-African agent’s technical expertise & genuine spare parts. We do not use our own technical staff. Certain spare parts may not be sold separately as this is dependent on the distributor.

The customer is responsible for the return of all defective products and the costs associated with the return, and it is the client’s responsibility to collect an item should it be repaired or replaced. 

ASSOCIATED TRANSPORT & LOGISTICS COSTS FOR RETURNS / REPAIRS

Audioholics is not liable for any transport costs and it is the sole responsibility of the client to return or collect any warranty items.

Any repaired/replaced unit not collected within 30 days of the client being notified may be sold to defray costs with no further communication.

LIMITATION OF WARRANTY

This warranty does not apply to the product if:

  • proof of purchase cannot be supplied (copy of tax invoice or invoice number),
  • has been opened and/or altered,
  • has been painted, written on or marked in way, shape or form,
  • has been damaged due to errors or defects in cabling,
  • has been subjected to abnormal physical or electrical stress, including but not limited to lightning strikes, power surges, water damage, misuse, negligence, or accidents,
  • has any burn marks on the product,
  • removal of serial number label or any other original label.
  • Due to external factors, power supplies are excluded from product warranties.

All Orders, Special orders, Specials, Pre-owned equipment, Open-box, 2nd hand and Demo items cannot be refunded or exchanged.

Speaker cables and audio accessories are not subject to refunds or returns.

In the event that Audioholics does consider a credit or refund, all items (opened & used / unopened & unused) may incur a 25% (twenty maybe this aware there is an five percent) handling fee.

The customer is responsible for the return of all products and the costs associated with the return.

Where there is a product which includes free delivery, this means delivery to any major city or town in South Africa. If the area is not as per our couriers standard area charge, there may be an extra charge to the customer. Free delivery is only when indicated or unless special arrangements have been made.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

Audioholics is responsible for adhering to sections 43(5) and 43(6) of the Electronic Communications and Transactions Act in terms systems and security.

However, neither Audioholics nor any of its representatives will be held liable for any loss or damages of any kind that arises from the use of (or inability to use) this website, its services or content. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not guarantee that service results that may be obtained from the use of our website will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the website is at your sole risk. The website and the service we offer are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Audioholics, our members, directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensor’s be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, delict (including negligence), strict liability or otherwise, arising from your use of the website or for any other claim related in any way to your use of the website, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the website or any content posted, transmitted, or otherwise made available via the website, even if advised of their possibility. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

INDEMNIFICATION

You agree to indemnify Audioholics and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensor’s, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these terms and conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SEVERABILITY

In the event that any provision of these terms and conditions are determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these terms and conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These terms and conditions are effective unless and until terminated by either you or us. You may terminate these terms and conditions at any time by notifying us, or when you cease using our website.

If in our sole discretion you fail, or we suspect that you have failed, to comply with any term or provision of these terms and conditions, we also may terminate this agreement at any time without notice to you and we may accordingly deny you access to our services (or any part thereof).

ENTIRE AGREEMENT

In the event that we fail to exercise or enforce any right or provision of these terms and conditions, this shall not constitute a waiver of such right or provision.

These terms and conditions and any policies or operating rules posted by us on this website constitutes the entire agreement and understanding between you and us and governs your use of the website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the terms and conditions).

Any ambiguities in the interpretation of these terms and conditions shall not be construed against the drafting party.

GOVERNING LAW

This website is offered, controlled and run from the Republic of South Africa. Accordingly, these terms and conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa.

DISPUTES

Any dispute relating in any way to your visit to our website that cannot be resolved directly between us will be referred to confidential arbitration in Johannesburg, South Africa. Such arbitration will be handled according to the rules then prevailing by the Arbitration Foundation of South Africa. The arbitrator’s award will be final and binding on the parties, save for manifest error and may be made an order of court by any court of competent jurisdiction.

LEGAL NOTICE ADDRESS

Audioholics elects as its address for all purposes regarding these terms and conditions the following address:

5th Floor Livanos Office Towers

11 Van Riebeeck Ave

Edenvale

1610

CHANGES TO TERMS AND CONDITIONS

These terms and conditions take effect on the date of first publication of the website and continue indefinitely thereafter, for so long as the website continues to be operated. You can review the most current version of the terms and conditions at any time on this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these terms and conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these terms and conditions constitutes acceptance of those changes.

COPYRIGHT AND OTHER INTELLECTUAL PROPERTY

Copyright in and to these terms and conditions together with any content contained on the website remain vested in Audioholics. These terms and conditions may be downloaded, viewed and printed for private and non-commercial purposes only. Any use of these terms and conditions or any other content contained on our website for purposes other than this will only be permitted with our express written consent.

All content, trademarks and data on this website, including software, databases, graphics, text, links, icons, designs, private information etc. belong to or are under license to Audioholics.

DISCLOSURE

The following disclosures are made pursuant to the provisions of the Electronic Communications and Transactions Act:

Full name and legal status: Audioholics

Physical address: 5th Floor Livanos Office Towers, 11 Van Riebeeck Ave, Edenvale, 1610

Website address: www.audioholics.co.za

Email address: sales@audioholics.co.za

Members: a list of members is available on request.

CONTACT INFORMATION

Questions about the terms and conditions should be sent to us at sales@audioholics.co.za.

The headings used in these terms and conditions are included for convenience only and will not limit or otherwise affect these terms.