TERMS & CONDITIONS
1. General
The terms govern your use of the website.
The STAX website is provided as a convenience to you and our customers for informational purposes only. In order to use certain services you may be required to provide your personal information.
We reserve the right to make changes to the documents and/or other materials contained on this website from time to time without notice. This right also applies to these terms and conditions. Stax will post the revised terms on the website. You may use the Stax website for your own personal non-commercial use and not for republication, distribution, sale or other use.
If there is a conflict of meaning between these website terms of use and any other terms, policies or notices, the specific terms, policies or notices will take preference where it applies to your use of the website.
The Terms constitutes the entire agreement between the parties.
If any term is void, unenforceable, or illegal, the term will be severed and the remainder of the terms will be effective.
Unless otherwise specified, the goods and services offered on this site are intended for citizens of the Republic of South African only. The terms will 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.
2. Definitions
In the website terms of use:
“terms” mean these website terms of use, any specific terms, the privacy policy and any other terms, policies or notices agreed between you and STAX;
“we” or “us” or “STAX” means STAX which ever one applies;
“website” means www.stax.co.za;
“you” or “user” means any person who visits, accesses or uses the website.
3. Website use
As a user, Stax grants you a limited, non-transferable revocable licence to access and use the website subject to the terms and conditions. Your licence does not extend to the website’s source code or to the source code of any software or computer program that forms part of the website.
You may only use the website for personal use, limited to viewing the website, providing information to the website, downloading product information for your personal review from the website or purchasing goods or services from the website.
You may only use the website if in terms of South African law you have the legal capacity to enter into an agreement.
You may only link to the website by linking to the home page of the website.
4. Restrictions
You may not:
(i) Provide any untrue or incorrect information to the website or Stax;
(ii) Modify, copy, decompile or reverse engineer the website or use the website to make derivative copies;
(iii) Lease, sell, assign or in any other way distribute the website or any information obtained from the website without the prior written consent of STAX;
(iv) Use malicious search technology, including but not limited to spiders and crawlers;
(v) Frame any pages of the website;
(vi) Deep link to any pages of the website in a way to suggest that you are the owner or licence of any intellectual property in the website.
(vii) Use the interactive sections of the website, for instance forums, clubs, surveys and e-mailing, to post any material which in Stax’s discretion is false, defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, or otherwise violates any laws. Stax does not have editorial control over the submission of any content to interactive sections of the website. You submit all information, including the publication of pictures and or articles, at your sole risk and responsibility. Stax is not responsible or liable for damages or other adverse consequences caused by the use of the submissions
5. Disclaimer and disclosures
This clause is subject to applicable law.
You use the website at your own risk.
Stax publishes information on its website as a convenience to its visitors for information purposes only, except where you may purchase goods or services from the website.
Stax provides the website “as is” and “as available” and to the extent permissible by law disclaims warranties including but not limited to warranty of title, merchantability, non-infringement, fitness for a particular purpose and that the website are free from defects, uninterrupted and error free.
While Stax attempts to provide accurate and timely information, Stax cannot guarantee this. Stax may correct and change the website if required.
The Stax goods and services described on the website may not be available in all regions. Although Stax has made every effort to display the goods and their colors as accurately as possible, the displayed products and colors of the products will also depend upon your equipment and Stax cannot guarantee that your equipment will display an accurate representation of the actual goods or their colors.
Where pricing on the website differs from the actual in-store pricing, the applicable price will be the lesser of the two prices, unless the lesser price is made in error and we have taken reasonable steps to rectify the error.
Stax will not be liable for any other website provided by any third party.
All Accessories shown with products for presentation purposes are not included in the price but are available for sale separately.
6. Indemnity
Subject to applicable law, you agree to indemnify, defend, and hold Stax harmless against any claim, or liability (including attorneys' fees) arising out of your use of the website.
7. Copyright and Intellectual Property Rights
All materials published on Stax website is protected by copyright and owned or controlled by Stax or the party accredited as the producer of the content, software or other material. Nothing in these terms and conditions of use shall be construed as conferring by implication or otherwise, any license or right under this copyright, patent, trade mark, database right or other intellectual property or proprietary interest of Stax or any third party. All logos, names and trademarks, which appear on the website are the intellectual property of Stax or are used by Stax under license. Stax will prosecute any violation of intellectual property rights to the fullest extent that the law permits. Reproduction of part or all of the contents in any form is prohibited other than strictly for individual use.
8. Confidentiality
If you respond to Stax via e-mail, surveys, forums, registration, or any other communication medium with any information, including but not limited to feedback, data, questions, comments or suggestions, but excluding your personal data, the information will not be deemed confidential.
Stax will not have any obligation to keep such information confidential and will be free to reproduce, use, disclose and distribute the information to others without limitation. Stax will also be able to use any ideas, concepts, know-how or techniques contained in the information for any purpose, including but not limited to developing, manufacturing and marketing products, which incorporate or otherwise rely on the information. You consent to the aforesaid use of such information.
By submitting information, you agree that Stax may publish the information, use it as part of its operations, and incorporate its concepts in Stax goods or for any other purposes, which Stax considers necessary, without liability.
Stax will deal with your personal information in terms of the privacy policy.
9. Termination
Stax may immediately terminate use of and access to the website if you breach the terms. This will be without prejudice to any other remedies and rights that we may have in terms of the law, including but not limited to claims for specific performance and damages.
10. Price Beat Policy
We undertake to beat the price of any product from any local retailer in the Republic of South Africa licensed by the trademark holder or licensee to sell the particular product within 30 days of the origional purchase. This “price beat” excludes all e-commerce, on line offers, website sales, opening sales and limited quantity or closing down sales. As a proud supplier of original branded products we will not price beat any price for a grey, reconditioned or parallel import products. The price must be obtained by phone call to the competing store by one of the Stax managers and or a written quotation from the competing store
Subject to the above listed exclusions, we will beat a price from any local retailer on condition that the identical product must be in stock at the local retailer at the time of the price beat request by the consumer.
11. Consumer duties
You must ensure that the goods are fit for the purpose for which you want to buy it before you take delivery of the goods. You must ensure before delivery, that the goods listed on the till slip correspond in description, price and quantity with the goods purchased. You must adhere to the user/manufacturer’s instructions. You must keep proof of any repairs conducted and proof of purchase on all returned goods.
12. Warranties and returns
Subject to these terms, all goods carry an implied warranty in accordance with the Consumer Protection Act 68 of 2008 (“CPA”) which gives the consumer the right to return the unsafe and defective goods in terms of section 20 read together with section 56 of the CPA. Our goods also carry a manufacturers’ warranty where applicable, which will run concurrently with any warranty in terms of the law.
The implied warranty on goods supplied places an obligation on Stax to accept the return of unsafe or defective goods within six months of delivery, in the event of the goods not complying with requirements and standards contemplated in section 55 of the CPA. Furthermore, the consumer has a right to return goods to Stax if:
a) The consumer finds within 10 days that the goods are unsuitable for a particular purpose for which the consumer has expressed intention to use the goods as contemplated in s55(3);
b) The consumer did not have a chance to examine the goods and rejected delivery of the goods for any reasons contemplated in section 19(5); and
c) The consumer has refused delivery of any of those goods, because they were mixed with items that were not ordered, as contemplated in section 19(8).
Under no circumstances will we accept returned goods where the consumer has been afforded the opportunity to inspect the goods prior to the purchase and subsequently changed his/her mind about the goods, the goods have been damaged due to the consumer’s negligence, the goods have been disassembled, permanently installed, physically altered, used or installed contrary to our or the manufacturer’s instructions and/or have been subjected to misuse or abuse.
We sell goods for domestic purposes only and for the purpose for which they were manufactured. Normal wear and tear will also be excluded. If you want to return alleged defective goods in terms of a warranty, we or the manufacturer will assess the goods to determine the reason for the defect in the goods.
We will consider and deal with all other returns in terms of applicable law, the manufacturers’ warranty or terms of the extended warranty. All refunds are less any charges permissible in terms of the law. If you are entitled in law to return goods to us for any reason, the law in certain instances allows us to charge you for the use of the goods and to get the goods for restocking.
Due to the nature of the goods and/or copyright restrictions, you cannot return computer and gaming software, speakers, CD’s, DVD’s and Bluray discs unless it is found that the goods were defective at the time of purchase.
Please retain your till slip as proof of purchase.
13. Exchange of items bought elsewhere
If stock is purchased elsewhere and it is returned to Stax, we will supply you with a gift card to the value of the lowest retail price over the last 90 days, as long as we sell the same stock item, the packaging is in excellent condition and it is still sealed.
14. Repairs
Before we start any repair work for out of warranty returns, you will be quoted a price for the repair and will only go ahead with the repair on acceptance of the quotation. Stax outsources the repairs of all goods to appointed repair agents for the specific branded products and takes no responsibility for the quality of work performed by the repairers.
15. Vodacom
Vodacom prescribes the following terms which will apply to all Vodacom goods:
- All returned units will be sent to the Vodacom Repairs Centre for assessment.
- The warranty is valid from the original purchase date as follows:
Goods will be sent to the Vodacom Repairs Centre to determine if the malfunction is as a result of a defect.
Goods will be sent to the Vodacom Repairs Centre and Vodacom will liaise directly with the consumer with feedback on the repair process.
The remaining warranty period of 1 year and 6 months will operate in accordance with the standard manufacturer’s rules regarding repairs and exchanges. No refunds will be made.
For out of warranty returns you will be issued with a pre-authorisation quotation for an estimate repair cost in excess of R350.
All returns are subject to the following:
- The handset is accompanied by proof of purchase, detailing the IMEI number on the handset, which must match the IMEI number on the box.
- The handset must be in the original packaging with all the original accessories and manuals.
- There are no refunds/credit notes for starter packs.
16. Audio
Due to the nature of audio goods, the goods must be installed correctly. Therefore the warranties on car audio goods will not apply if the goods were not installed in terms of the manufacturers’ instructions. Please provide proof of installation to validate all warranties.
17. Television License
Please bring your TV license and ID document when purchasing a TV. First time buyers may purchase a TV license in-store.
18. General
The above terms and conditions as well as the products and/or service specific terms and conditions govern the sale of goods and/or the provision of services for purchases made from Stax. Any additional terms and conditions are subject to the company policies and procedures (available on request) as well as the law. Any queries may addressed to the Stores.
Please visit our website at www.stax.co.za. Access to the services, content and downloads available on the from Stax website maybe classified as “electronic transactions” as defined in terms of the Electronic Communications and Transactions Act, Act No. 25 of 2002(ECT Act). |
