Terms of service

 

Terms of SERVICE

RamWare Electronics & Computers cc, registration number: 1992/018954/23 (hereinafter referred to as “Ramware “, “we “, “us” or “our “) is committed to ensuring the protection of the privacy of all visitors (“Visitors”) to our website at *.ramware.com (the “Website “) as well as all persons (“Customers”) who have registered for an account with us (“Account”) in order to purchase products.

You need to read and accept all the provisions in this Policy in order to use the Website and/or our services. By accepting this Policy, you are deemed to have read and agreed with all the provisions thereof. If you do not agree with anything in this Policy, then you may not use the Website and any of the services available therefrom.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. 

CHANGES TO THIS POLICY

We may amend this Policy at any time by posting a revised version on our Website. The revised version will apply to Visitors with effect from the time we post it. However, we will provide Customers with at least 30 days’ prior notice of any such revision by posting notice of the change on the Website and the revision will then apply to Customers with effect from the date indicated in such notice, provided that if you are a Customer and you are not happy with the revisions made, you should stop using the Website in any way and may request us to deactivate your Account with us.

Refund Policy

  1. Refunds Generally

1.1       NON-DEFECTIVE PRODUCTS – YOUR RIGHTS TO ‘COOL OFF’

Save for certain exceptional cases (as listed below), you are entitled to cancel any purchase made via this Website within 7 days after your receipt of the product and to obtain a full purchase price refund, subject to being charged by Ramware for the direct cost of returning the product (which must occur by following the returns procedure set out in the ‘Arranging Returns’ section below).    Note that although you are entitled to ‘cool off’ and cancel your purchase as aforesaid, you must return the product in the condition you received it. if it is not returned in the condition it was received Ramware is entitled to charge a handling fee of its discretion or may not accept the return of the product from the customer.

EXCEPTIONS: the ability to cancel purchases of non-defective products as set out above will NOT apply in respect of the following types of products:

  • Audio or video recordings (i.e. CD’s or DVD’s) or computer software (i.e. computer games) which have been opened/un-sealed;
  • Products which by reason of their nature cannot be returned.

You will only be entitled to a refund in respect of the exceptions listed above in the event and to the extent that any such refund is provided for under the express provisions of this Refund Policy herein below or if Ramware, in its sole discretion and without being obligated thereto, chooses to give you a refund therefor.

1.2       LATE DELIVERY

If a product purchased is not delivered within 30 days (if no other delivery period was agreed upon) after having purchased the Product, the ECT Act entitles you to cancel such sale on 7 days’ notice to Ramware.

Should a product purchased be unavailable Ramware must notify you and issue a full refund within 30 days after such notice.

  1. Refunds on purchases from Ramware

2.1         DEFECTIVE / DAMAGED / UNSUITABLE PRODUCTS

GENERAL RULE:  If, within 6 months after delivery of a product to you:

  • you find that the product is defective/faulty, unsuitable for the purpose for which it was indicated in the product description (or otherwise generally intended), not legal, or not reasonably durable (based on circumstances  and product type) (hereinafter referred to as being “Defective”); and
  • you arrange to return such product to Ramware for inspection in the manner described in the ‘Arranging Returns’ section below (being the ONLY manner in which returns will be accepted),

and the product is subsequently found –

  • to indeed be Defective, you are entitled to either (a) have the product repaired or replaced at Ramware ’s expense, or (b) be fully refunded;
  • NOT to be Defective, you will be liable for the costs incurred in having such product returned to Ramware and then re-delivered to you.

WHEN IS A PRODUCT ‘DEFECTIVE’?  Please note that the following issues/problems will NOT render the product Defective as aforesaid and will not entitle you to any repair, replacement or refund:

  • faults resulting from normal wear and tear;
  • where you, or someone unauthorized to do so by Ramware, has altered, repaired or damaged the product. IMPORTANT: you should refuse to accept delivery of any product which is visibly damaged, and if you only discover the damage after the courier has left (e.g. a cracked screen), then you must report it to Ramware as soon as possible and within 48 hours.  If only reported after 48 hours, it is reasonable for Ramware or its suppliers to determine that the damage was caused post-delivery;
  • electronic hardware or software (including computer games) purchased by you which are not compatible with your operating system and/or existing hardware.  Consequently, before purchasing any electronic hardware or software, please confirm that same is compatible with your existing hardware and operating system.  System requirements are usually available on the manufacturer’s website.
  • Photographic equipment which shows evidence of (a) impact, sand, liquid or moisture damage; (b) dropping, mishandling or tampering; (c) battery or chemical corrosion; (d) damage caused by connected equipment; or (d) use contrary to the applicable instruction manual.

EXCEPTIONS TO THE GENERAL RULE:

  • Special Offers: If the product was ordered pursuant to a “Special Offer” and such product is no longer being offered at the special price, should you elect to have the product repaired or replaced (as opposed to being refunded), Ramware will only be able to repair, not replace same.
  • Certain product types which have been opened:  To combat the illegal copying of digital media, if the following types of products are returned for being defective or damaged, they will only be replaced with another copy of the same product and will not be refunded: CDs, DVDs, computer software, games and printer consumables.
  • Photographic equipment:  When returning the product, the relevant invoice and proof of payment must also be returned to Ramware.  Assessments and repairs are carried out by the approved repair centers and may take up to 90 days.

MANUFACTURER’S WARRANTIES/GUARANTEES:

  • Electronic Hardware supplied by Ramware generally carry a 1-year warranty however, Certain products may carry additional manufacturer’s warranties/guarantees which are wider in scope, and/or longer in duration, subject to additional cost.
  • All Electronic Hardware Manufacturer Guarantees are immediately null and void should any equipment be tampered with, or the seals on equipment be broken by anyone other than the manufacturer’s representative, or the goods be operated outside the manufacturer’s specifications.
  •  Under no circumstances will Ramware or the manufacturer be liable for any damage arising from any misuse or abuse of the goods.
  • No writable media CD-R, CD-RW, DVD-RW may be returned under an Electronic Hardware Manufacturer Guarantee.
  • Games and Software:  Defective games and other software may be exchanged for the same game/software, but no refunds will be payable.
  • Photographic Equipment:  The Photographic Equipment Warranty does not cover –
  • routine cleaning or normal cosmetic and mechanical wear and tear;
  • damages, defects or unsatisfactory performance caused by the attachment of lenses, flashes or other accessories not produced by the same company as the product purchased; or
  • damages, defects or unsatisfactory performance caused by repairs performed by any party other than a facility authorized by Ramware.

2.3 NON-DEFECTIVE PRODUCTS

Products which are NOT defective, damaged or unsuitable as discussed above, but which you want to return for whatever reason, can be returned within 7 days from delivery, as explained above under ‘Non-Defective Products – your right to ‘Cool Off’ by following the returns procedure set out in ‘Arranging Returns’ below.

NOTE: If you wish to return any non-defective product delivered to you for a refund as aforesaid, please do not remove the product from its original packaging and/or use the Product.  Ramware may hold you liable for any damage you cause to the product (including its packaging) while in your possession.

Incorrect Product: If the incorrect Product is delivered to you by mistake (ie it is not the Product you purchased), please do not remove the Product from its original packaging, open or use the Product in any way. Please promptly contact the Ramware on 0860 726 726 to notify us thereof, so that we can resolve the mistake by arranging to collect such Product from you and deliver the correct Product to you, as quickly as possible.

2.4 ARRANGING RETURNS

If you want to return a product you have purchased from Ramware for any reason permitted under this Refund Policy, you must in all instances first notify Ramware thereof to inform us of the reason for your return by contacting us on 0860 726 726.

Once you have successfully logged your return as aforesaid, Ramware will arrange for the collection of the product from you.  You must ensure that the Product to be collected by the courier is packed so as to comply with the following:

  •  the Product is properly protected;
  • save where being returned due to being Defective, the Product is still in its original packaging, together with all accessories, instructions and documentation (if any), and in perfect condition for the purposes of resale (ie the product must not be damaged, scratched, soiled, and in the case of electronic hardware, the adhesive screen covers must not have been removed).

IMPORTANT:  Please treat products and packaging with reasonable care while in your possession.  Nothing herein detracts from any right Ramware may have to hold you liable for any damage you cause to a product (including its packaging) while in your possession.

2.5 PROCESSING OF REFUNDS

Should you be entitled to a refund for any reason, such refund can take up to 21 working days from approval date.

General Terms and Conditions

IMPORTANT:    

Who you are contracting with:

  • *.ramware.com (the “Website”) RamWare Electonics & Computers cc, registration number: 1992/018954/23 (hereinafter referred to as “Ramware”)
  • Visitors to the Website (“Users” or “you”), including those Users who purchase any products on the Website (“Purchasers”) are bound by these terms and conditions (“T&C”).  If you do not agree to these T&C, do not continue to use the Website.  Your continued use of the Website will constitute acceptance of the T&C, unmodified by you.
  1. Purchases from Ramware

1.1 Products & Availability

Stock availability: Stocks of all goods on offer are limited.  Ramware shall take all reasonable efforts to ensure that when stock is no longer available, that offers thereof are discontinued.  However, should Ramware be unable to fulfil any order placed by you at the advertised price due to stock having sold out, Ramware will notify you and you will be entitled to a refund of the amount paid by you for such product, as explained in more detail in the Refund Policy (“Refund Policy”)

Errors: Please note that although Ramware endeavor’s to accurately describe and/or depict each product on the Website, some descriptions or photographs may be of a generic nature and not specific to the particular product you wish to buy.  However, should you be dissatisfied with the product you receive for any reason, you are entitled to return the product to Ramware for a full refund within 7 days of delivery.  Please see our Refund Policy in this regard (which explains how and when you can be refunded, as well as how returns are to be made).

1.2 Agreements of Sale

Placing a product in a shopping basket or adding it to a wishlist without completing the purchase cycle does not constitute an agreement of sale and/or an order for such product, and as such, Ramware may remove such product from the shopping basket or wishlist if stock becomes unavailable and you cannot hold Ramware liable if such product is not available when the purchase cycle is completed at a later stage.

An agreement of sale only comes into effect if and when (a) you electronically submit a properly completed order for one or more products in your shopping basket; and (b) payment is either authorised, or received by Ramware in its bank account; provided that any such sale of a television sets will be subject to the condition that we obtain from you your valid TV licence number and a copy of your identity document. If your TV licence number cannot be validated within 3 working days after us having notified you about a validation problem & giving you an opportunity to correct/re-submit your licence number, or we do not receive a copy of your identity document within 5 working days after order placement, the sale will lapse and we will refund you.

1.3 Termination of Sales & Cancellation of Orders:

  • By Ramware: Ramware reserves the right, for purposes of preventing suspected fraud to refuse to accept or process payment on any order, and/or to cancel any sale concluded between you and Ramware, in whole or in part, on notice to you.  Ramware shall only be liable to refund monies already paid by you (see Refund Policy in this regard), and accepts no other liability which may arise as a result of such refusal to process any order/sale.
  • By You: Save for certain exceptions and subject to certain charges, you are entitled to cancel any sale concluded on this Website within 7 days after date of receipt of the goods and to obtain a refund.  You may also cancel a sale where delivery is delayed beyond the stipulated delivery date/timeframe (or where none is specified, beyond 30 days from the order date).  Please read the Refund Policy for further details in this regard.

1.4 Amounts payable by you

1.4.1 Prices:  The price of each product is displayed with the product listing. In the event of a sale or special offer, the discounted price is displayed

1.4.2 Delivery Charges:  Delivery charges differ depending on a variety of factors, including product type, price, and weight, as well as whether delivery is to be made within, or outside, the borders of South Africa.

1.4.3 Value Added Tax:  Value added tax at the rate of 15% is charged on all goods.

1.4.4 Errors:  Ramware shall take all reasonable efforts to accurately indicate prices and delivery charges.  However, should products be erroneously offered at incorrect prices and/or delivery charges, Ramware will not be obliged to sell products at such incorrect prices and/or delivery charges, but  shall  refund monies paid by you should you not wish to proceed with the purchase at the correct price and/or delivery charge.

1.5 Payment Methods

Subject to any exceptions expressly mentioned below, your payment for any products ordered from Ramware must be made to us by Bank deposits & Electronic Funds Transfer. Instructions will be given on how to deposit monies into Ramware’s bank account and it would be subject to the following rules:

  • the exact amount must be paid;
  • the payment must be identified by supplying the order number and surname in the reference section of the deposit slip or on the electronic transfer;
  • no transfers may be made from ATM’s;
  • No cheque deposits will be accepted;
  • no bank deposits are accepted from outside the borders of South Africa;
  • bank deposits are subject to a clearing period; and
  • your order will be cancelled if you choose to pay by bank deposit and the amount due is not paid within 5 business days.

1.6 Deliveries

Where we deliver:  Ramware delivers to addresses within the borders of South Africa.

1.6.1 Delivery Periods:

Important things to note generally:

  • Delivery periods are only regarded as having commenced upon payment confirmation being received by Ramware.
  • Delivery periods are calculated based on business days only. Saturdays, Sundays and public holidays are not taken into account in calculating delivery periods. So, for eg, if you order something over the weekend, the delivery period will only start running on the next business day.
  • Ramware makes every effort to ensure that the information supplied on the Website is accurate.  Where delays and out of stock situations occur, every reasonable effort will be made to inform the Purchaser.

Disclaimer

Save for Ramware being liable to you –

  • under the Consumer Protection Act 68 of 2008 (“CPA”) in relation to any products sold by Ramware to you via the Website; and
  • under sections 44 of the Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002) neither Ramware nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this Website or the services or content provided from and through this Website.  Furthermore, Ramware makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this Website are free from errors or omissions or that the service will be 100% uninterrupted and error free.  You are encouraged to report any possible malfunctions and errors to sales@ramware.com.

Although the products sold via the Website may be under warranty, the Website itself is supplied on an “as is” basis and has not been compiled or supplied to meet your individual requirements.  It is your sole responsibility to satisfy yourself prior to accepting these T&C that the service available from and through this Website will meet your individual requirements and be compatible with your hardware and/or software.

Information, ideas and opinions expressed on this Website should not be regarded as professional advice or the official opinion of Ramware and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Website.

Privacy Policy

We respect your privacy and will not disclose your personal information to third parties for marketing purposes if you have requested us not to do so (which you are able to do at any time). Our Privacy Policy is hereby incorporated by reference into these T&C.  So, if you are not satisfied with the level of privacy we provide or otherwise disagree with anything in our Privacy Policy, then you are deemed to not agree to these T&C and you should not use the Website, because as stated above, your continued use of the Website will constitute acceptance of the T&C, including the Privacy Policy.

Types of information we collect about our Customers

If you are a registered Customer, you agree that we may also electronically collect, store and use the following of your information:

  • Name and surname, birth date, gender, location (i.e. country, province and city of residence), identity number or passport number (“Personal Details“);
  • If you are a legal entity, your full name, registration number, country of incorporation (“Corporate Details”), and the Personal Details of all your directors and/or office bearers;
  • E-mail address and, if provided by you, your mobile number (“Contact Details“);
  • information relating to your transactional activity on the Website (“Transaction Details”);
  • additional information you may provide on a voluntary basis, which could include demographic information or information related to your favourite website, activities, interests or your participation in competitions, promotions, surveys, and/or additional services (“Additional Details“); and
  • information relating to third parties for whom you purchase products as gifts, such as such their name, physical address and/or contact number (“Third Party Details”).

We store the personal information of our Customers and Visitors on our South Africa based servers.  We use computer safeguards such as firewalls and data encryption, we enforce physical access controls to our buildings and files, and we authorize access to personal information only for those employees who require it to fulfill their job responsibilities.

You should not divulge your Account password to anyone. We will never ask you for your password in an unsolicited telephone call or e-mail. YOU ARE RESPONSIBLE FOR MAINTAINING THE SECRECY OF YOUR UNIQUE PASSWORD AND ACCOUNT INFORMATION AT ALL TIMES.

If you are a legal entity and not an individual, we will liaise only with your named contact or alternative contact provided by your named contact. It is your responsibility to let us know of any changes to your named contact.

Security

Any person that delivers or attempts to deliver any damaging code to this Website or attempts to gain unauthorised access to any page on this Website shall be prosecuted and civil damages shall be claimed in the event that Ramware suffers any damage or loss.

You agree and warrant that your log-in name and password shall be used for your personal use only and shall not be disclosed to any third party.

You allow Ramware to take all reasonable steps to ensure the integrity and security of the Website and back-office applications.

Changes to Agreement

Ramware may, in its sole discretion, change these T&C or any part thereof at any time on notice to you.  It is your responsibility to ensure that you are satisfied with the amendments.  Should you not be satisfied with the amendments, you must refrain from placing any further orders on, or from using in any way, the Website.

Term and Termination

These T&C shall commence from the date on which they are published on the Website and continue indefinitely, as amended by Ramware from time to time (as described above), for so long as the Website exists and is operational, Ramware being entitled to terminate these T&C and/or shut down the Website at any time (subject to still processing any orders then already placed and accepted by Ramware).

Dispute Resolution

  • If a dispute arises between the parties, the parties must meet and attempt to resolve it within five days of declaration of the dispute.
  • If the dispute cannot be resolved as indicated above, the dispute may be escalated by either party to the most senior executive officer of RAMWARE and the customer for attempted resolution within ten business days of referral. If the dispute is not resolved through this referral, the dispute will be resolved by way of arbitration at the instance of either party in terms of the Arbitration Act, 1965.

Sales Records

A full record of every sale and related transaction between you and Ramware shall be maintained by Ramware for a period of 12 months following the date of such sale or related transaction.  You will have to request such record from Ramware and we will send it through to you.

Information

Section 43 of the Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002) states that when goods or services are offered by way of certain electronic transactions, the seller thereof must make certain information about it available to customers on websites where the goods or services are offered-

Ramware’s information is as follows:

  • Full name: Ramware Electronics & Computers cc, registration number: 1992/018954/23
  • Physical address: 8 Frosterley Crescent, La Lucia Office Estate, La Lucia Ridge, 4051.
  • Telephone number: 031 566 0911
  • Website: http://www.ramware.com
  • Official email address: sales@ramware.com
  • Main business:   Computer resellers, repairs & support
  • Address for receipt of legal service: 8 Frosterley Crescent, La Lucia Office Estate, La Lucia Ridge, 4051
  • General Postal Address; P O BOX 25211, Gateway, 4321
  • Office bearers: Vikash Ramsing (Director)