Toshiba Laptops : Terms and conditions
Terms of sale : Toshiba Laptops South Africa
All sales are done by ComXpert International C.C. and the terms of sale will be those of ComXpert International C.C. as stated below.
By accessing, using any functionality or making a purchase through this website ("the site") or making any purchase from Laptop Direct CC / ComXpert International CC, you, the customer, enters into the following agreement with Laptop Direct CC / ComXpert International CC (ComXpert, ComX, ComX Computers, "we" or "us"):
- You agree that Quotes and Invoices are not valid without these terms of sale, and that you have read and understood these terms in full.
- Our online stores do not accept credit cards. If a credit card facility is provided, it will be provided by a secure and established third party payment gateway that guarantees your online security.
- All information and prices on the site, and on the price guides, should be treated as an invitation for you to make an offer to purchase and we remain entitled to reject any offer to purchase without giving reasons.
- A quote is required in order to make payment and to complete a purchase. Incorrect or incomplete payments may be refunded back to a South African bank account, or may be used as credit towards a new purchase.
- We resell products and/or services on behalf of our suppliers. The warranty is fully covered by the official local suppliers.
- Suitability of goods: Since the use of the product is outside our control, we do not warrant the suitability of goods. Kindly check the suitability of products before making a purchase. The user agrees that by purchasing a DSP license (of any software), that the user is (a) a system builder and (b) that the software will be used for new computers. The user agrees to return such (unused) software immediately if a license is incorrect for a refund or replacement of the correct license.
- Payment: All payments are in advance, by bank transfer or by cash.
- Cheques: Due to cheque fraud, we regrettably do not accept cheques. We do understand that several companies have strict payment policies. If payment has been made by cheque, there is a 10 day clearing period and no goods will be released until the cheque has cleared in our account. Please note that prices may change during this time.
- Credit card payments: We do not have credit card facilities. However, you may still pay with your credit card through your bank, online banking or ATM by doing a "credit card transfer" from your linked account.
- Collections and cash on delivery (COD): Regrettably we are not able to do COD as courier companies do not accept cash on our behalf.
- Warranties: All warranties are fully covered by the official South African supplier. The warranty may not always be the same as the International manufacturers' warranty and may differ. Software and consumables, such as ink, paper and media, are not covered by a warranty. All warranties, unless stated otherwise, are carry-in: products are to be sent to us at the customer's expense, and the product is to be collected at the customer's expense. Batteries and LCD / LED screens are covered for 3 months, irrespective of the products' warranty, unless stated differently. Defective pixels on screens are not covered by a warranty if it falls within an acceptable range as set by the supplier. This is an industry standard with all LCD / LED screens.
- Warranty periods: The official South African supplier covers the warranty on their products. In the highly unlikely event that the official South African supplier is no longer able to cover a warranty, we will do our best to find a supplier who will cover the balance of warranty. Our suppliers may change their warranty. The suppliers' warranty overrides the warranty indicated on our own invoices.
- On-site warranties: On-site warranties are covered by the official South African supplier.
- Extended warranty: Extended warranties are covered by the official South African supplier.
- Warranty exceptions: The warranty does not cover physical damage. Damage that is not covered by a warranty includes, but is not limited to, physical damage, burnt components, lightning and surge damage. Kindly ensure that your product is insured, that the insurance company has the correct serial number, and that the product is protected by a lighting and surge protector.
Any device or hardware that has been used for any purpose other than for which it was made for, voids the warranty. This includes, but is not limited to, using the device or hardware for "crypto currency mining". Unless the device or hardware has been specifically manufactured for that specific purpose, the device or hardware will not be replaced, repaired or refunded as the device was never intended to be used for such purpose. If the supplier agrees to a refund, then the client will be entitled to the refund offered by the supplier, which will be less than the price which was originally paid for the hardware.
- Dead on arrival (DOA): Several suppliers offer DOA replacements at their discretion, and reserve the right not to replace a product. DOA will not be honoured when :
- Units that are incomplete or have missing items or components
- Units received that are incorrectly configured by Manufacturer or a partner
- Software issues that can be corrected by a reload
- Outdated firmware that can be corrected with updating of firmware levels
- Prices and specifications: The prices displayed on our site and on our downloadable price guides are for reference purposes, and are subject to change without notice.
- Stock availability: Stock availability is not guaranteed and needs to be confirmed before payment is made. Due to the nature of our business, stock cannot be held and will continue to be sold on a first come, first serve basis.
- If no stock is available: Stock availability is not guaranteed. If stock is not available, then the quote becomes void since the product on which the quote was based on is no longer available. A credit will be issued, and the credit may be used for a different purchase, or may be refunded.
- Order on request products: "Order on request products" are products that need to be ordered at suppliers on special request. "Order on request" products that are specially ordered are not returnable and are non-refundable once they have been received. Unfortunately, prices for "order on request" products are not guaranteed and may change. In the case of a price increase, the difference becomes payable by the customer, or in the case of a price drop, the difference becomes refundable to the customer.
Specials, promotions and open box promotions. Products that are on special, are on promotion or that is sold as "open box" are available for a limited period of time, and are only valid while stocks last.
Any promotion product returned within 7 days will be entitled for credit, subject to our other terms, and no replacement will be made available. Please note that no credit or refunds are issued after 7 days.
Open box products are products where the box has been unsealed and opened, or where the product has been removed from the original box, and may be a demo unit or are a customer return. These products are discounted, or are bundled with other products. A reduced warranty period might apply to the open box product.
- Courier and delivery charges: Courier and delivery charges for the transport of goods to the customer, or for the return of goods to us, becomes payable by the customer. Delivery charges are not refundable. Should a customer return a product using our account, the amount becomes payable by the customer. Delivery charges will be deducted from the refund due to the customer.
- Sending orders and confirmation of receipt - All information on the site and on our price guide should be treated as an invitation for you to make an offer to purchase ("the order") and we remain entitled to reject any order without giving reasons. An order, once sent to us, cannot be withdrawn unless we agree thereto.
Although our site is set up to confirm receipt of your order ("confirmation"), technical or other problems may delay or prevent such confirmation. If you have not received confirmation from us shortly after sending your order you should contact us immediately. Please do not re-submit your order as this may lead to a duplicate transactions. Confirmation does not mean that a transaction has been concluded it merely serves to confirm that your order has been received by us. A transaction is only concluded once we have shipped the goods to your specified address on receipt of payment. To protect you from possible fraud, we may need to verify your identity and to conduct credit checks.
- Trial - No Goods are sold on a trial basis.
- Cash refunds - We do not issue cash refunds under certain circumstances.
- Errors on our website and/or other communication from our company (E&OE): You may be entitled to a credit on the product, subject to our approval and subject to the rest of our terms of sale. Please inform us immediately of errors.
- Errors in advertised prices (E&OE). Should an inadvertent and obvious error occur in an advertised price, then the price is invalid and any quote or invoice based on the incorrect price will be null and void in accordance to Section 23 of the Consumer Protection Act.
- Credit and returns - Credit notes will be considered for returned goods, if the goods have been received by us within 7 (seven) calendar days of invoice. All items returned attract a minimum of 15% re-stocking fee, or a percentage equivalent to that charged by our suppliers if their charge is higher than 15%. All goods returned are to be correctly packaged. Specifically, goods must be returned in the packaging in which they were received, with all outer boxes and inner packaging intact (sealed and re-saleable). Items that are not correctly packaged will attract a minimum 20% handling charge.
We may refuse to give a refund on products that have been opened, used, installed, damaged or that are not correctly packaged.
Products that have been physically opened will not be refunded. This includes, but is not limited to, printers, computers and laptops that have been opened to change, or upgrade, components. The warranty will be voided in cases where we believe electrical static discharge precautions were not taken.
Software cannot be returned.
If the customer has used the product, installed or activated any software on the product, we reserve the right to charge rent for its use.
No credits will be issued after 7 (seven) days.
- Returns are accepted and full refunds are offered for products that are incorrectly displayed / described on our website, on condition that the product is returned immediately, undamaged and in its original packaging. Although every effort has been made to ensure accuracy, our suppliers or manufacturers do, on rare occasions, change specifications without notice, and this affects the accuracy of the data on our site.
The price remains valid for the Product Code only and not for the described product. We will correct the error on our database and inform the supplier immediately.
- Exclusions for credit- No credits will be issued on Printer Cartridges, Software and CD's.
- Quotation validity - A quotation is only valid if it has been received by you in an unchangeable, secure format, and has not been altered in any way. Quotes are only valid while stocks lasts, and all prices, special offers and promotions will not be extended once stock has been sold out.
When a quote is issued, discounted pricing may have been applied to bundled products. The quote is only valid when all the items on the quote are purchased as a whole unit in one consignment.
- Delivery charges - Delivery charges apply for deliveries. When "Free delivery" appears on your quote, then free delivery applies to your order.
- Delivery will take place during work days during the day. If a customer is not at their premises when a delivery is attempted, then we reserve the right to charge the customer for delivery. Please help us by ensuring that we have your correct (and complete) address. Once goods have been signed for at the delivery address, the order will be considered delivered. Please note that deliveries to plots, farms and construction sites are not possible. If delivery is to be made inside a security estate, or at a company, please inform your receptionists and/or security about the delivery. Also note that courier companies do not always call before delivering.
- Delivery charges paid by the customer on delivery - If the words "delivery" appears on your quote, but a delivery charge is omitted, or is given as 0 (Zero), then this means that the customer requires delivery but that the customer is directly responsible for the delivery charges directly with the courier company. The customer will pay the courier company directly upon receiving the goods.
- Collection - If the words "delivery" does not appear on your quote, then this means that the goods will be collected from us in Centurion.
- Returning of goods - If you return goods, or cancel an order once goods have been shipped, you agree to pay for all the shipping costs we have incurred in sending and receiving the goods. If a product has been returned, depending on the condition of the returned products and subject to our other terms, we reserve the right to reject the return.
- Waiting period on warranty returns - The average turn-around time on some products is 3 weeks. However, this may be as little as 48 hours, or may take longer than 3 weeks when the supplier experiences stock shortages or unforeseen delays. We will do our best to speed the process up as much as possible.
- Repair warranty - Repairs carry a 90-day warranty. The warranty period will commence from Invoice date.
- Failure to collect repaired goods - Repairs that are not collected after a reasonable time will be sold to defray costs.
- Damage and defects on returns - Damage and defects which are, in our suppliers' opinion, directly caused by incorrect or improper use, neglect, power surges, lightening damage, or mishandling by the customer are specifically excluded from any warranty or guarantee given or implied. Removal or damage (including tampering) to any bar code or serial number voids the warranty.
- Completion of work - Any software configuration, installation or virus removal carried out and demonstrated to the Customer as working correctly is considered from that stage as completed task. If a similar fault occurs they will be treated as chargeable and will form a new contract.
- Classified data - We cannot guarantee safety of any classified Data. Please create regular backups and keep classified information in an encrypted drive.
- Software support - We will only support the Operating System supplied by us, we cannot offer support for any other software packages.
- Manufacturer's extended warranties - The manufacturer honours their extended warranties directly.
- Goods supplied as gifts or for free - If the words "free", "gift" or a currency value of zero (0) appears next to an item, then these items do not carry warranties.
- In the event that a system or hardware is sent to us under guarantee and it is discovered that the fault has arisen due to misuse, neglect, mishandling, incorrect or improper use, we may, at our discretion, charge for carriage and/or labour.
- In the event that a system or hardware is sent to us under guarantee and it is discovered that the system is functioning as intended, we may, at our discretion, charge for carriage and/or labour.
- In the event that a system or hardware is sent to us under guarantee and it is discovered that the fault has arisen as a result of a software issue, we may, at our discretion, charge for carriage and/or labour.
- New components installed as the result of an upgrade will have a one-year warranty from the date of their purchase.
- If, during the course of an upgrade and/or repair, it is necessary to reinstall the customer's software or operating system, the customer may have to supply us with software installation disks and/or serial numbers. Failure to provide installation disk and/or serial numbers may make it impossible to install such software and/or operating systems.
- Hardware and software bugs are corrected by the hardware or software manufacturers with updates, please keep your system updated.
- If you have any queries regarding a purchase, please contact us on within 24 hours of receiving the product. This includes errors, missing components (hardware, software, manuals, etc.), invoices, charges or payment queries.
- We reserve the right not to install, reinstall or test any software that we suspect may be pirated or obtained through any illegal means.
- Late payments on credit purchases - All purchases made on credit, or on a credit account must be paid within 7 days from the date on your invoice, bill or statement, whichever is first, or whichever applies. Upon failure to pay within 7 days, the full outstanding amount will attract interest at 2% per month, calculated on a daily basis. Payments received will be used to pay the interest portion of your account first, and the remaining portion of your payment will pay the capital on your outstanding account balance. Any remaining balance will continue to attract interest until fully paid.
- Debt collection -If a customer fails to pay after 60 days, or is unlikely to pay within an agreed period, the services of a debt collector may be used to collect the amount owed as well as any accumulated interest up until that date. A minimum "debt collection fee" of 25% will be added to the invoice amount plus the accumulated interest. There is no maximum fee. You agree that all hardware and software remains the property of Laptop Direct CC / ComXpert International CC until full payment has been received by us, that we reserve the right to recover unpaid goods and that we may charge rent for their use. In addition, you agree to pay any additional expenses that our company has suffered in order to recover and resell these goods.
- No representations or warranties - The site and the information on the site are provided "as is" and we do not make any express, implied representations or warranties with regard thereto. Without limiting the generality of the foregoing, we disclaim all implied warranties in respect of merchantability or fitness for a particular purpose. We do not warrant that the site or the information on the site: (a) will be error free; (b) will meet any particular criteria of accuracy, completeness or reliability, performance or quality; or (c) will be free of viruses or any other data or code which has the ability to corrupt or adversely affect the operation of your computer, data or network.
- Right to amend this agreement - We reserve the right to amend these terms and conditions at any time. All amendments to these terms will be posted on the site ("the current version"). Whenever you access the site you will be bound to the current version. You may terminate this agreement by written notice to us if you do not wish to be bound by the current version. Continued use of this site will be deemed to constitute acceptance of the current version. Unless otherwise stated the current version shall supersede and replace all the previous versions of the terms and conditions. A print-out signed by the webmaster responsible for maintaining this site will serve as prima facie proof as to the date of publication and content of the current version.
- General Severability: If any of the provisions of these online terms are not fully enforceable for any reason, the remainder will nevertheless continue to apply.
Jurisdiction and governing law: Unless otherwise specified, the goods and services offered on this site are intended for citizens of the Republic of South African only. The online terms shall be governed by and interpreted according to the laws of the Republic of South Africa without giving effect to any principles of conflict of law.
Notices and address for service: For purposes of these online terms Laptop Direct CC / ComXpert International CC will receive legal service of any formal notices or court process at the physical address specified on its website from time to time and you agree to receive same at your specified address.
All products and services fall under our Terms and Conditions. It is assumed that the customer has read and understood the Terms and Conditions prior to engaging in any business transaction with the company.