Terms & Conditions
Ownership
Imexgro cc is wholly-owned by a private individual.
Copyright
Copyright 2007-2009 © Imexgro, P.O. Box 34525, Groote Schuur, Cape Town, Republic of South Africa. All rights not expressly granted are reserved. To obtain permissions for the commercial use of any content on this site e-mail us or phone +27 (0)83 4322402.
Users may download, view and print content from this site for private and non-commercial purposes only.
All moral rights of Imexgro and its employees/agents are reserved.
Imexgro cannot screen or edit all the content available from the Imexgro site and does not accept any liability for illegal, defamatory or obscene content. Users are encouraged to inform Imexgro of any content that may be offensive or illegal.
Intellectual Property Rights
All the content, trademarks and data on this web site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to Imexgro and as such are protected from infringement by local and international legislation and treaties.
Electronic Communications
When a user visits Imexgro or sends e-mails to Imexgro, that user consents to receiving communications from Imexgro electronically and agrees that all agreements, notices, disclosures and other communications sent by Imexgro satisfies any legal requirements, including but not limited, to the requirement that such communications should be "in writing".
Hyperlinks
No person, business or web site may link to any page on this site without the prior written permission of Imexgro. Such permission could be obtained from the person referred to in clause 1 hereof. This clause does not apply to parties that have entered into e-trader agreements with Imexgro.
Hyperlinks provided on this site to non-Imexgro sites are provided as is, and Imexgro does not necessarily agree with, edit or sponsor the content on such web pages.
Framing
No person, business or web site may frame this site or any of the pages on this site in any way whatsoever.
Spiders and Crawlers
No person, business or web site may use any technology to search and gain any information from this site without the prior written permission of Imexgro. Such permission could be obtained from the person referred to in clause 1 hereof.
Disclaimer
Apart from the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, neither Imexgro 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 web site or the services or content provided from and through this web site. Furthermore, Imexgro makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this web site are free from errors or omissions or that the service will be 100% uninterrupted and error free. Users are encouraged to report any possible malfunctions and errors to the person referred to in clause 1.
This web site is supplied on an "as is" basis and has not been compiled or supplied to meet the user's individual requirements. It is the sole responsibility of the user to satisfy itself prior to entering into this agreement with Imexgro that the service available from and through this web site will meet the user's individual requirements and be compatible with the user's hardware and/or software.
Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of Imexgro and users are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this site.
All items purchased from Imexgro are made pursuant to agreements with shipping and delivery agents and risk of loss pass from Imexgro to such agents upon delivery of any item to such carrier.
Neither Imexgro 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 any product sold on this web site.
Costs
Prices:
The price of each product is displayed with the product. In the event of a sale or special offer, the discounted price is displayed.
Value Added Tax:
Value added tax at the rate of 14% is charged on goods bought by South African residents.
VAT is not payable on orders if both the billing and the shipping address are international.
Import Duties:
Import duties may be payable by recipients of goods in foreign countries. Imexgro does not know what levies may be payable and cannot calculate or estimate such costs.
Deliveries
Payment Methods
The exact amount must be paid.
the payment must be identified by supplying the order number and surname/business name in the reference section of the deposit slip or on the electronic transfer.
No transfers must be made from ATM's
cheque deposits are subject to a clearing period.
No bank deposits are accepted from outside the borders of South Africa without prior arrangement.
Agreements of Sale
An agreement of sale between Imexgro and a user only comes into effect if and when:
a credit card authorisation is received from the issuing bank; or
a deposit of an electronic transfer is reflected on Imexgro's bank statement (and only if such payment is received within 5 (five) business days after completion of the purchase cycle); or
a direct deposit is reflected on Imexgro's bank statement (and only if such payment is received within 5 (five) business days after completion of the purchase cycle.
Imexgro reserves the right to refuse to accept and/or execute an order without giving any reasons. Imexgro also reserves the right to cancel orders in whole or in part as circumstances dictate. Imexgro shall only be liable to refund monies already paid by the user.
Imexgro shall take all reasonable efforts to maintain correct prices. However, should errors occur and items are offered at incorrect prices, Imexgro will not be obliged to sell goods at such incorrect prices and shall only be liable to refund monies paid.
Consumers can view or print a full record of the transaction that is maintained for a period of twelve months on the Imexgro website.
Stock Availability
Stocks of all goods on offer are limited. Imexgro shall take all reasonable efforts to discontinue the offer as soon as stock is no longer available. However, should items still be offered after stocks are sold, Imexgro shall only be liable to refund monies where it is unable to fulfill orders at advertised prices.
Guarantee
Guarantee for items not covered by specific store guarantees set out below:
If Imexgro supply the wrong product or if the product is in any way damaged or faulty as a result of a manufacturing defect, Imexgro must be notified within 14 days of invoice. Imexgro will exchange it for the correct one upon receipt of the returned product. Imexgro will make a reasonable effort to exchange the product, but if replacement is not possible, Imexgro will refund the purchase price including delivery cost upon receipt of the returned product. Please note: goods are not guaranteed against faults resulting from normal wear and tear.
Special offers: If Imexgro supplies the wrong product or if the product is in any way faulty or damaged, Imexgro will exchange it for the correct one upon receipt of the returned product. However, if the product is no longer being offered at the special price, it will not be replaced and we will refund the buyer's purchase price including delivery costs upon receipt thereof.
If the user is not satisfied with his/her choice and the product is still in mint condition, the user must return it within 14 days of receipt by the customer and Imexgro will refund the purchase price (excluding delivery costs) upon receipt of the returned product. No item costing more than R500 will be accepted as a return under this provision with an exception.
Note that once opened, the following types of goods will not be accepted for a refund and will only be replaced with another copy of the same product: CDs, Videos, DVDs, audio tapes, computer software, games and printer consumables.
Computer hardware normally has a one year repair guarantee.
Electronic Hardware
In the event of new goods that are defective, the rights of the Customer are limited to the Manufacturer's guarantee of the goods supplied.
Liability under clause 1 is restricted to the cost of repair or replacement of faulty goods or services or granting of a credit at the sole discretion of Imexgro and its suppliers after investigation and/or testing of goods.
Electronic goods may only be returned within 14 days of purchase at the expense of the customer for a refund (excluding delivery costs) on condition that it is unopened (with any seals and shrink wrap intact) and we will issue a full refund for the price you paid for it.
Out of box failures are to be reported within 7 days of invoice and will be replaced by the manufacturer.
All guarantees are immediately null and void should any equipment be tampered with or should the seals on equipment be broken by anyone other than the manufacturers representative or should the goods be operated outside the Manufacturer's specifications.
Under no circumstances will Imexgro be liable for any damage arising from any misuse or abuse of the goods.
No writable media CD-R, CD-RW, DVD-R, DVD-RW may be returned.
Please confirm that hardware is compatible with your operating system and any existing hardware prior to purchase as Imexgro cannot accept hardware returns as a result of system incompatibility. System requirements are usually available on the manufacturer's website. Alternatively, email us or phone +27 (0)83 4322 402 for assistance.
Games and Software
Games and Software may NOT be returned if opened or unsealed and non-defective. You may exchange these items for the same item if the original is defective.
Please confirm that games and software are compatible with your hardware and operating system prior to purchase as Imexgro cannot accept software and games returns as a result of system incompatibility. System requirements are usually available on the manufacturer's website. Alternatively email us or phone +27 (0)71 217 0028 for assistance.
Governing Law
This site is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law.
Privacy
Imexgro shall take all reasonable steps to protect the personal information of Users. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/html/govdocs/legislation/2000/act2.pdf
Imexgro may electronically collect, store and use the following personal information of Users:
name and surname;
birth date;
gender;
country of residence;
closest city;
non-personal browsing habits and click patterns;
e-mail address;
IP address; and
ID number / passport number.
Imexgro collects, stores and uses the abovementioned information for the following purposes:
to greet the User when he/she accesses the Imexgro web site;
subject to the User's consent, inform the User of facts relating to his/her access and use of the Imexgro website;
subject to the User's consent, inform the User about competitions and special offers from Imexgro and/or its partners / affiliates;
to compile non-personal statistical information about browsing habits, click-patterns and access to the Imexgro web site.
to verify the identity of the User when transacting with Imexgro
to ensure that the goods are received by the addressee
Information detailed above is collected either electronically by using cookies or is provided voluntarily by the User. Users may determine cookie use independently through their browser settings.
The User may elect not to receive any communications from Imexgro and/or its partners / affiliates.
Imexgro may collect, maintain, save, compile and share any information collected from users, subject to the following provisions:
Imexgro shall not disclose personal information from Users unless the User consents thereto;
Imexgro shall disclose information without the User's consent only through due legal process; and
Imexgro may compile, use and share any information that does not relate to any specific individual.
Imexgro owns and retains all rights to non-personal statistical information collected and compiled by Imexgro.
Security
Any person that delivers or attempts to deliver any damaging code to this web site or attempts to gain unauthorised access to any page on this web site shall be prosecuted and civil damages shall be claimed in the event that Imexgro suffers any damage or loss.
The user agrees and warrants that its log-in name and password shall:
be used for personal use only; and
not be disclosed to any third party.
The user allows Imexgro to take all reasonable steps to ensure the integrity and security of the Imexgro site and back-office applications.
All credit card transactions are Secure Socket Layers encrypted.
Changes To Agreement
Imexgro may, in its sole discretion, change this agreement or any part thereof at any time without notice.
Disputes
In the event of any dispute of any nature whatsoever arising between the parties on any matter provided for in, or arising out of this agreement, and not resolved through the Customer Relations Department of Imexgro, then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. Arbitration proceedings shall be conducted in Cape Town in English. The arbitration rules may be downloaded from: http://www.arbitration.co.za/Pages/docs/expedited_rules.pdf.
Domicilium
Imexgro chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, P.O. Box 34525, Groote Schuur, 3937, Cape Town, Republic of South Africa.
Term and Termination
This agreement shall commence when the user registers on the Imexgro site, or interacts in any form, and if business of any form has taken place, and continues indefinitely until terminated by Imexgro for any other reason.
Information
The ECT Act states that when we offer goods or services by way of certain electronic transactions, we must make the following information about us available to customers on websites where the goods or services are offered:
Full name: Imexgro
Main business: Online retailer, and general trader.
Address for receipt of legal service: P.O. Box 34525, Groote Schuur, 3937, Cape Town, Republic of South Africa.Office bearers: The list of office bearers can be found through contact with the given details.
Webmaster: found through contact with the given details
Website: http://www.imexgro.com
Official email address: info@imexgro.com
PROATIA: The manual published in terms of section 51 of the Promotion of Access to Information Act No 2 of 2000.
