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Terms and conditions
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Terms of using the kwagga.net website
Kwagga.net (www.kwagga.net) only allows you to access and use our website to buy products from us. This means that you may not sell or commercially use our website. You are not allowed to make changes to it and you may not download or copy our website; any of the products and product related information for what so ever reason. You may not reproduced or duplicate our website.
Limitation of kwagga.net and/or their suppliers’ liability
You agreed that you are using our website (www.kwagga.net) entirely at your own risk. We do not warrant the operation of our website or the products and product information contained in our website, nor does any off our directors or suppliers. We do not warrant that our website, its servers or email sent from our website are free of viruses and we will therefore not be liable for any damages whatsoever arising from using our website. Information provided on our website should also not be seen as professional advice.
Kwagga.net, its directors, and suppliers will not be liable for any financial loss or any incidental or consequential damages arising from the use of our website (www.kwagga.net) or our services. All items purchased from kwagga.net are delivered by delivery agents and the risk of loss pass to such agents upon delivery of the product to the agent.
The total liability of kwagga.net, its directors, and suppliers to any customer or 3rd party in any circumstance is limited to R1000.00, even if the cause was due to negligence.
Exports
We currently do not export any of our products outside the borders of South Africa.
Laws applying
You agree and accept that our website and all transactions concluded using our website is governed by the laws of South Africa. When using our website you declare that you can and that you have waived the laws of any other jurisdiction that may apply.
You are deemed to agree and accept the terms of use of our website at the time that you first accessed our website, as well as each and everytime you access our website thereafter.
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Terms when trading with kwagga.net
General
Ordering a product on our website does not constitute a sales agreement. The sale agreement will only commence when we accept your offer. Your offer will only be accepted when:
- Payment has been made by yourself via electronic bank transfer; and
- The product has left our ownership designated for you.
Kwagga.net may cancel the sales agreement at any time at its own discretion.
Due to the nature of our product, products might from time to time be incorrectly priced on our website. Kwagga.net will do its best to update prices continuously but in a case where a products’ price is higher than the price listed on the website, we will contact you explaining the situation and allowing you to cancel the order should you wish.
All products will be delivered directly to you by kwagg.net, or its suppliers or service providers. Delivery times vary between 4 to 6 working days. All prices include VAT, but exclude delivery costs. Delivery costs are calculated using your delivery address, as well as the size and weight of the product you buy. A minimum delivery charge of R60 will apply to all book orders. The minimum delivery charge for all other orders will be R40. The delivering costs on all orders will capped at a maximum of R200 per order.
Buyer’s onus on delivery & return of products
Most of our products are delivered to you directly by our suppliers or sometimes directly from our suppliers by a 3rd party. The onus is on the customer to inspect all deliveries for quantity and quality and to ensure that the correct product is being delivered.
If the wrong product is delivered, or a short deliver occurs, the goods must not be accepted but should be returned with the delivery company. If the product is in any way damaged or faulty, the product should also be rejected with a note made on the front of the invoice and delivery note of the item, clearly noting the type of damage. If any items are rejected at the time of the delivery, the entire delivery should be returned.
Returns on software will only be accepted if the product is unopened.
The supply of products and services by 3rd parties may be subject to terms & conditions that are different from the terms & conditions on our website. You are responsible to ensure that you understand and agree with the terms & conditions stipulated by these parties which will normally be printed on the 3rd party delivery note.
Please ensure that you always sign the delivery note when you take delivery of your products. You will also be required to identify yourself, by presenting a valid South African ID or driver’s license, when your products are delivered.
Back ordering
Kwagga.net may not always have the product you order in stock, due to the nature of some of our products. We will accept orders for these products to ensure we receive the first item when it becomes available. We will communicate this to you, and you will be offered the opportunity to amend your order with the products out of stock. Products placed on back order will be shipped to you the moment the back order products become available.
Electronic communications
When you use our website or send us e-mails, you consent to us sending you electronic communications and agree that all communications satisfies any legal requirements that such communications be in writing. Without a valid e-mail address, you will not be able to buy from us as all invoices are e-mailed.
Legal representations by the customer
Due to the fact that we currently do not facilitate payment by credit card, our website does not require you to register before buying a product. However, we highly recommend that you register as this is free and it will enable us providing you with a better service and it enable as to capture your personal information only once. We will not capture any of your banking details as we accept only electronic bank transfers done by yourself.
Hence when you buy from us you declare that you are not under the age of 18, and that you are not legally restricted to enter into binding and enforceable agreements. Should you buy from us while you be under the age of 18, and/or legally restricted to enter into a binding and enforceable agreement, you shall be guilty of fraud and we may take legal action against you.
Transactional history
Should you wish to obtain the transactional history between yourself and kwagga.net, please email your request to info@kwagga.net with the words “TX history” and your name in the subject line of the email. Your transactional history will be returned via e-mail within 5 working days.
Warranties
Kwagga.net does not supply any warranties on any of the products on our website. Products are backed by supplier warranties only, which terms & conditions may vary from product to product. Should you need detail information on the supplier warranty for a specific product, please email us at info@kwagga.net with “SUPPLIER WARRANTY” in the subject line, and the product code & description in the body of the e-mail.
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Intellectual property of kwagga.net and its suppliers
All the content, trademarks and data on our website (www.kwagga.net), including software, databases, text, graphics, icons, private information, designs and agreements, are the property of kwagga.net or its and are protected from by local and international copyright legislation.
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Privacy and security of the customers personal information
Kwagga.net will collect, store and use the following personal information from yourself weather you register or buy a product from us:
- name and surname;
- country of residence;
- residential / delivery address;
- e-mail address;
- ID number / passport number; and
- Cell phone number.
Personal information will be used for:
- ensuring the goods are delivered to the correct address;
- ensuring that the goods are delivered to the correct person;
- to contact you should a problem arise; and
- inform you about special offers and product related information, should you consent to it.
Kwagga.net will not disclose personal information unless you consent to it. Kwagga.net shall disclose information without your consent only if required through a legal process. Please note that due to the fact that we are using suppliers & delivery agents to deliver our products, your personal information will be disclose to these parties to the extent required in order to make the delivery. However, we will only disclose relevant information we deemed fit to the parties involved in order to execute the specific transaction. When providing your personal information to us, you also consent to kwagga.net collecting, maintaining, storing and processing the information provided.
Kwagga.net will take reasonable care to safeguard the personal information provided from unauthorized access or disclosure; however we do not guarantee that these measures will ensure absolute protection. Kwagga.net will not be obliged to encrypt any of the information provided.
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Customers’ rights on returns
You are allowed to return products bought from us within 7 days after delivery. This will not apply to the following products:
- books;
- consumables;
- products made / customised according to the customer's specication;
- software that have been opened; and
- due to nature cannot be returned.
Should you wish to return a product / cancel your sales agreement with us, it is the customer’s responsibility to notify kwagga.net in writing within 7 days after delivery. The customer also has the responsibility to return the product undamaged, together will all original packaging and documentations, to kwagga.net or an agent nominated by us.
The customer will refund kwagga.net for all direct costs of returning the goods incurred by us or our nominated agent. Direct costs will typical included (not necessarily a complete list) the delivering costs arising from the return of the products, any direct costs incurred by kwagga.net or our nominated agent arising from the return of the product.
Kwagga.net will therefore refund you within 30 days of the receipt of the products the full purchase price of the products, minus direct costs payable by the customer to kwagga.net or its nominated agent as per the previous paragraph.
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Disputes
Should a dispute (of any nature) arise out of this agreement between the parties, it should be directed via email to info@kwagga.net with the words “DISPUTE” and your name in the subject line of the email. Should the dispute not be resolved between the parties within 10 working days, it should be submitted for arbitration in terms of the rules of the Arbitration Foundation of South Africa, with proceedings being conducted in Pretoria in English.
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Competitions
Kwagga.net may from time to time have a competition on our website. Rules to enter will change slightly depending on the nature of the competition and will be disclose on the competition page of our website. Unless otherwise specified in the specific rules of the competition, you may enter as many times as you like. Prizes will be delivered within 45 days after the draw. The judge’s decision will be final and not correspondence will be entered into. Any customer can enter our competitions, on condition that the customer registers on our website, and that you accept to receive a quarterly advertising / marketing e-mail from us for a minimum period of 1 year.
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Contact detail and legal disclosure
- Name: Synapse Academic distributors CC, trading as kwagga.net
- Legal status: Close Corporation
- Registration number: 2005/098479/23
- Place of registration: Pretoria, South Africa
- Physical address: 17 Hutton road, Midstream Estate, 1692
- Telephone number: 082 370 3654
- Address for legal documents: 17 Hutton road, Midstream Estate, 1692
- Website address: www.kwagga.net
- E-mail address: info@kwagga.net
- Description of characteristics of products:
- Pricing: All product prices include VAT, but exclude delivery charges. For delivery charges, see section 2 subsections general of our terms & conditions.
- Manner of payment: Only EFT payments are accepted.
- Terms of agreement: Refer to section 2 of our terms & conditions
- Warrantees: Refer to section 2, subsections warranties of our terms & conditions
- Delivery time: See section 2 subsections general of our terms & conditions.
- Transactional history: See section 2 subsections transactional history of our terms & conditions.
- Return, exhange & refund policy: See section 2 subsection Buyer’s onus on delivery & return of products as well as section 5 of our terms & conditions.
- Dispute resolution: See section 6 of our terms & conditions.
- Security & privacy of Personal info: See section 4 of our terms & conditions.
- Minimum period of agreement: 30 days
- Consumer rights: See section 5 of our terms & conditions.
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