Terms & Conditions

Important Notice:

• Please lend us your focus, as we invite you to gracefully navigate through the following Terms and Conditions. Pay close attention, for these details are integral to our dance together.

About Us:

1.1 Full Name: Pulseware (Pty) Limited, a spirited private company, harmoniously incorporated and registered in accordance with South Africa's company laws. Feel free to refer to us as "Pulseware," or simply as "we," "us," and "our."

1.2 Registration Number: 2023 / 140086 / 07 – a rhythmic badge that signifies our commitment to transparency.

1.3 Main Business: We are the maestros of the IT product symphony, orchestrating the sale of cutting-edge technology.

1.4 Legal Serenade: Find us on Google and online at www.pulseware.co.za.

1.5 Phone Harmony: Dial into our rhythm at sales@pulseware.co.za whenever you wish to connect.

1.6 Email Cadence: Reach us through the melodic notes of sales@pulseware.co.za.

1.7 Website Crescendo: Immerse yourself in our world at www.pulseware.co.za.

Introduction

2.1 Take a moment to review these Terms and Conditions to grasp their application to your online interactions with Pulseware, including product orders and associated services.

2.2 Your continued use of our website signifies your unaltered acceptance of these Terms and Conditions.

2.3 These provisions articulate key aspects:

i. Mitigating risk or liability for Pulseware.

ii. Establishing responsibility or liability for the user.

iii. Mandating user indemnification of Pulseware or third parties.

iv. Serving as user acknowledgment of factual aspects.

2.4 If any provision is unclear, seek clarification from Pulseware before accepting, using the website, or employing purchased products, devices, or software.

2.5 Our website is your gateway to shopping online for consumer electronics, termed as "goods," "devices," or "products."

2.6 These Terms and Conditions govern the entire process, from ordering to the sale and delivery of goods, encompassing the overall use of our website.

2.7 All individuals accessing or using the website, including registered users and purchasers of Pulseware products, are bound by these enforceable Terms and Conditions.

2.8 Your use of the website signifies your acknowledgment of reading and understanding these Terms and Conditions, reinforced by purchasing products.

2.9 Consumer Protection Act (CPA) implications may apply to some users, although not universally, subject to CPA exceptions and exclusions.

2.10 Nothing herein is designed to unlawfully impede the rights or obligations of users or Pulseware.

2.11 Content on the website is not professional advice; users are urged to seek professional guidance before acting on the provided information, ideas, or opinions.

2.12 Communication channels include phone calls and written correspondence via email, meeting Electronic Communications and Transactions Act standards.

2.13 Users agree not to disrupt website functionality using any device, software, or instrument. Robotic or manual interference without prior written consent is prohibited.

2.14 Legal consequences await those delivering damaging code or attempting unauthorized access to the website.

2.15 Respect is paramount on our platform; any defamatory, offensive, or hate speech materials are unacceptable.

2.16 Pulseware reserves the right to take appropriate action, including suspension or termination of services, upon detecting breaches of these Terms and Conditions for the harmony of our customer community.

Changes to these terms

3.1 Pulseware may modify these Terms and Conditions or related terms, effective upon publication on our website.

3.2 Regularly check for updates as they are binding, with terms at the time of sale conclusion applying to that specific purchase.

Creation of contract of sale

4.1 A sale contract with Pulseware arises only after receiving and accepting your order, coupled with full payment for the ordered goods.

4.2 By placing an order, you confirm you are 18 or have parental/guardian consent if under 18, solidifying a binding legal contract when payment is received.

4.3 Order acknowledgment precedes acceptance, creating a binding contract, subject to these Terms and Conditions.

4.4 Operating on a "First to Pay has First Priority" basis, sales are contingent on stock availability. In the event of stock unavailability after payment, Pulseware will refund or provide alternative solutions.

Indemnity

5.1 Users agree to indemnify Pulseware, its directors, employees, and agents against liabilities, legal fees, damages, losses, and expenses arising from breaches of these Terms and Conditions or other website use liabilities.

Limitation of Liability

6.1 Our website is provided on an "as-is" and "as-available" basis. While Pulseware ensures accurate content, all express or implied conditions, warranties, or terms are excluded to the extent legally permissible.

6.2 Pulseware makes no guarantees about website availability or uninterrupted use.

6.3 No warranty exists for uninterrupted or error-free website functionality, virus-free status, or correction of defects.

6.4 Pulseware, its affiliates, and related parties are not liable for indirect, incidental, special, or consequential damages, regardless of foreseeability.

6.5 Pulseware's liability, in connection with any order, will never exceed the total price for products and delivery.

Warranty of Suitability

7.1 Pulseware provides no warranty of fitness or suitability for any specific purpose concerning goods purchased.

Links to 3rd Party Websites

8.1 The website may include links to third-party websites. Pulseware does not endorse these sites and is not responsible for their content or availability.

Copyright

9.1 Website content, protected by law, belongs to Pulseware or is licensed. Users acquire no rights, title, or interest without explicit authorization.

9.2 Users must not use, distribute, or reproduce website content without authorization. Third-party licensing terms must be respected.

Serviceability

10.1 If any section is invalid or unenforceable, it will be severed, leaving the remaining Terms and Conditions intact, binding, and enforceable.

Governing Law

11.1 The interpretation of these Terms and Conditions is governed by the laws of the Republic of South Africa.

11.2 By engaging with Pulseware, you consent and submit to the exclusive jurisdiction of the courts of the Republic of South Africa for any legal proceedings arising from or concerning these Terms and Conditions.

Payment

12.1 Accepted payment methods include EFT (proof of payment required), Instant EFT, and online card payment.

Incorrect Pricing

13.1 While we strive for accuracy in our pricing, errors may occur. If a pricing error is obvious and should have reasonably been recognized by the customer, Pulseware reserves the right to cancel orders and refund any payments.

Refunds and Cancellation of Agreement of Sale

14.1 This section does not limit any rights granted to the customer under the CPA.

14.2 You have the right to cancel the contract or return an item for a refund within 7 business days of receiving the goods, provided the items are unopened, unused, and in their original packaging.

14.3 To exercise this right, written notice must be emailed to Pulseware at sales@pulseware.co.za, including details of the goods, delivery, and order number.

14.4 If you cancel after delivery, you are responsible for the return of the goods at your own cost, by prior arrangement at Pulseware’s premises.

14.5 Risk remains with the customer for damaged items in transit to Pulseware. It is recommended to ensure items are being sent.

14.6 Refunds may be refused for damaged or lost goods/packaging during transit.

14.7 Once Pulseware is notified of cancellation and goods are returned, a refund will be processed within 30 days.

14.8 Delivery or collection costs incurred by Pulseware may be deducted from the refund unless the customer prefers Pulseware to handle the collection.

14.9 Refunds may be subject to deductions for bank and credit card charges incurred by Pulseware.

14.10 If goods are not returned within 7 days of notifying Pulseware, no refund is liable.

14.11 For returned items not in original packaging or opened, Pulseware may, at its discretion, process a refund less an additional fee.

14.12 Opened computer software or sealed consumer goods are not eligible for a refund unless a fault is discovered not evident without breaking the seal.

14.13 Custom-built computer refunds may have a PC-Assembly charge deducted.

14.14 Cancellation of non-custom orders may incur a 5% cancellation fee.

14.15 Transit-canceled orders may incur the standard fee plus additional transit costs.

14.16 A 20% handling fee applies to returned items not covered by the CPA.

14.17 For PC Pre-Build bundles, refunds are based on the actual amount paid in the bundle, not the retail price.

14.18 All returns and refunds are subject to Pulseware's policies.

Product Supply and Delivery

15.1 Pulseware offers various delivery modes, including courier appointed by Pulseware, courier appointed by you, and collection by you.

15.2 Customers may appoint their courier for collection at their cost, relieving Pulseware of liability once handed over.

15.3 Delivery by Pulseware will be made to the address provided during the order, except for deliveries outside the Republic of South Africa.

15.4 Pulseware reserves the right to charge for failed deliveries and may store or sell undelivered goods.

15.5 Efforts are made to deliver promptly, but Pulseware is not liable for losses due to reasonable or unavoidable delays. Customers will be informed of any delays.

15.6 Upon receipt, customers must sign for goods in good condition. Refuse damaged packages or sign as "UNCHECKED" if unable to inspect at delivery.

15.7 Delivery timelines are guidelines, and Pulseware is not liable for courier delays.

15.8 Pulseware is not responsible for incomplete delivery addresses. Additional fees for such orders are borne by the customer.

15.9 Parcels are dispatched only after full payment is received and reflected in Pulseware's bank account.

15.10 Incorrect or incomplete delivery information incurs additional costs for which the customer is liable.

15.11 If a customer changes their address after order acceptance, additional costs are the customer's responsibility.

15.12 Free delivery applies to main centers; charges apply to non-main centers, calculable before order completion.

Products and Product Descriptions

16.1 Product images may vary from the actual product. Colors may differ, and the device's true color may not be accurately reflected in our advertising.

16.2 Product packaging may differ from website displays, and variations do not warrant a claim.

16.3 Stock availability is limited, and Pulseware aims to promptly mark products as "Out of Stock" when unavailable.

Transfer of Risk and Ownership

17.1 Risk transfers on the delivery date or upon collection by you or your appointed carrier from Pulseware's premises.

17.2 Ownership transfers once Pulseware receives full payment, and successful delivery occurs.

Warranties

18.1 The CPA governs this agreement where applicable, preserving consumer rights.

18.2 Stock on our website may carry varying manufacturer warranties.

18.3 Pulseware may offer additional warranties of up to 1 year, explicitly disclosed and recorded.

18.4 Customers must understand and familiarize themselves with all warranty terms and submit claims to the relevant party.

18.5 Replacement or repair-only warranties will not process refunds.

18.6 Pulseware may assist in returns/repair for goods without additional warranties but is not obligated.

18.7 Component warranties are limited, or manufacturer warranties apply, as communicated.

18.8 Returns under the CPA are on a Return to Base model. Delivery charges for returns are at the customer's expense.

18.9 Pulseware does not accept returns with visible physical damage and is not liable for uncollected items.

18.10 Determination of customer-induced damage voiding warranties is made by the manufacturer's service center.

18.11 No warranty claims are possible for items damaged due to lightning or electrical shortages.

18.12 Laptops and monitors sold by Pulseware come with the manufacturer's warranty; claims are handled directly with the manufacturer.

18.13 CPU Pin Damage and Motherboard damage void warranties.

18.14 Dead pixel policies are per the manufacturer; Pulseware provides no warranty for dead pixels.

18.15 Items used for mining have a limited 3-month warranty.

18.16 Chairs sold by Pulseware have a limited 1-year warranty excluding wear and tear.

18.17 Defects must be reported within 3 days. Pulseware does not engage in activities risking warranty avoidance.

18.18 For discontinued or out-of-stock items under warranty, the manufacturer or service center suggests a suitable replacement.

18.19 Software faults, errors, or data loss are not covered by any warranty.

18.20 All warranties are local; items taken internationally are not covered unless specified by the manufacturer. Pulseware is not liable for international return charges.

Original Equipment Manufacturers (OEM)

19.1 OEM products, like CPUs, may not be sold in original packaging.

19.2 Pulseware cannot provide original packaging for OEM products.

Data Loss

20.1 Pulseware disclaims any liability for data loss resulting from the replacement, refund, or repair of any item/s.

20.2 Pulseware shall not be held liable for any data loss arising from new installations.

Replacement Products

21.1 If Pulseware does not have a specific item in stock or if a client wishes to exchange or replace a product with a different or similar one (where permitted), the customer is responsible for paying the price difference if the replacement product is more expensive. Alternatively, if the replacement product is cheaper, the customer may receive a store credit or refund.

Promotions

22.1 Pulseware may periodically run promotions through its website.

22.2 Promotional items will not be distributed before the promotion start date.

22.3 Promotion stock is limited, and availability is subject to stock levels. Pulseware is not liable if promotional stock is depleted.

22.4 Pulseware reserves the right to amend or cancel promotion terms at any time without prior notice. However, it will fulfill orders or obligations made before such changes.

22.5 Pulseware is not liable for conflicts between promotional terms and conditions, including statements about unique IDs, key code availability, or distribution.

22.6 Pulseware is not responsible for lost, late, incomplete, invalid, altered, or misdirected registration forms or submissions related to promotions.

22.7 Pulseware is not liable for any technical failures or damages preventing participation in promotions.

22.8 Pulseware is not responsible for incorrect or unreachable contact details provided by customers/users.

22.9 Promotional items provided by Pulseware do not carry a warranty, and Pulseware is not liable for any faults. Customers must contact the manufacturer for such claims.

Specials or Discounted Pricing

23.1 Pulseware is not obligated to offer products at a discounted price or provide a refund if an order is later placed on promotion at a lower price.

Price Matching

24.1 Pulseware does not guarantee price matching with competitors and does not match prices from international stores.

Social Media Competitions

25.1 Pulseware may conduct competitions through its social media pages.

25.2 Competitions are open to South African residents aged 16 and over, excluding Pulsware employees and their close relatives.

25.2.1 Entrants under 18 require the consent or assistance of a parent or legal guardian.

25.3 Competitions are open to natural persons only.

25.4 No entry fee or purchase is necessary unless stated otherwise.

25.5 Entrants consent to be bound by the competition's terms and conditions by participating.

25.6 Entry details and rules will be communicated through Pulseware's social media pages.

25.7 Only one entry per entrant is allowed unless stated otherwise.

25.8 The closing date for entries will be communicated on social media pages.

25.9 Pulseware is not responsible for entries not received.

25.10 Competition rules will be disclosed on Pulseware's social media pages.

25.11 Pulseware reserves the right to cancel or amend competitions without notice.

25.12 Pulseware is not responsible for inaccurate prize details provided by third parties.

25.13 Prizes are as stated and not exchangeable for cash. Pulseware may substitute a prize of equivalent value.

25.14 Winners will be chosen at Pulseware's discretion. Pulseware may overrule the metric if an entry is deemed anti-competitive.

25.15 Winners will be notified within 28 days. Unclaimed prizes may be withdrawn, and a replacement winner selected.

25.16 Pulseware will communicate prize collection/redemption details to winners.

25.17 Pulseware's decision on competition matters is final.

25.18 Winners consent to the use of their name and image in publicity material.

25.19 Social media competitions are not sponsored, endorsed, administered, or associated with any social media platform.

25.20 Creative works submitted to Pulseware become its property.

Force Majeure

26.1 Pulseware is not liable for default or delays in supply, delivery, or compliance with these Terms and Conditions due to events beyond its control.

26.2 Pulseware will attempt to notify customers of delays caused by factors outside its control.

General

27.1 Pulseware may, at its discretion, suspend or terminate the website's operation or a user's right to use it without prior notice, subject to processing existing orders.

27.2 Users cannot transfer rights and obligations under these Terms and Conditions without Pulseware's written consent.

27.3 Failure to enforce any right by Pulseware does not constitute a waiver of that right.

27.4 If any term is declared invalid, the remaining terms remain in force.

27.5 These Terms and Conditions constitute the entire agreement between the user and Pulseware.

Right of Admission and Refusal of Service Reserved

28.1 Pulseware reserves the right to refuse access to its premises for disorderly or abusive conduct.

28.2 Pulseware may refuse orders from customers who have defamed or harmed its name/reputation.

Complaints

29.1 For complaints about goods or services, contact Pulseware at escalate@pulseware.co.za.

Privacy

30.1 Pulseware commits to treating personal information as confidential and taking appropriate security measures.

30.2 Personal information will not be retained longer than necessary unless legally required.

What Information Do We Collect?

30.3 Information collected when registering, placing orders, entering competitions, or submitting queries includes name, email, ID, address, age, gender, occupation, account details, tax number, or contact number.

What Do We Use the Information For?

30.4 Information is used to improve customer service, process orders, administer competitions, send communications, and, with consent, for marketing purposes.

How Is Your Information Protected?

30.5 Data encryption is used on sensitive information, and personal information is not shared with third parties.

Third-Party Disclosure

30.6 Personal identifiable information is not sold or transferred without express permission. Non-personal identifiable data may be disclosed for marketing, research, or statistics.

Use of Cookies

30.8 The website uses cookies for improved functionality. Users consenting to cookie use are subject to the remaining privacy provisions.

Third-Party Links

30.9.1 Third-party products or services are subject to their privacy policies, and users are responsible for understanding and complying with them.

30.9.2 Pulsware has no responsibility for linked site content or activities.