All goods are tested before we release them for sale. newstock.co.za. offers a 6 months (Lg, Samsung & Defy) carry in warranty. We will return any goods that prove to have factory defects. in the event of this occurrence , goods will be examined and tested by us and a return shall be done at the sole discretion of newstock.co.za.
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Sale of Goods : Terms and Conditions
These terms and conditions regulate the business relationship between you and us. If you offer or accept our offer on ay goods,our contract is in the terms set bellow.
Sale of goods : Terms and Conditions
We are : Demostock (Pty Ltd T/A Demostock)
Our addresses are : 101 Oxford Street,Ferndale,Randburg
Corner C.R Swart Drive & Rienert Street,Edleen,Kempton Park
You are : Our Customer
The Terms and Conditions
In this agreement :
“Carrier” means any person or business contracted by us to carry goods from us to you,whether all or part of the distance.
“Goods” means any goods we offer for sale.
“Written Material” means any informational material published by us in any medium with a view to providing information to our customers or prospective customers.
2. Our contract with you
2.1 This contract is made when we have received confirmation of order from you.
2.2 It is possible that the price may have increased from that posted in our written material or website. The new price may be charged at the discretion of the Demostock CEO.
2.3 All descriptions,weights and sizes of goods are those of the original manufacturers,and you may not rely on their accuracy. Accordingly,any such description shall not form part of this agreement.
2.4 If we do not have the goods you order in stock,we will offer alternatives before we dispatch your order. If this happens,you may:
a. accept the alternatives that we offer
b. cancel your order
c. leave the order valid,but tell us to omit the out-of-stock item
d. you may also wait for new stock to arrive,upon which we will notify you.
2.5 If we owe you money (for this or any other reason),we will credit your account as soon as possible,but no later than 3 days of the date of your order.
2.6 You may not rely on our expertise in regards to any information by us relating to your goods. We are not experts and do not receive any training from the manufacturer.
2.7 a. Demostock shops – Goods are at your risk from the moment they are picked up by the the carrier from our store.
b. Online-store – Goods purchased online are insured through the carrier,and will only be your responsibility upon signing that you have received the goods in good order.
2.8You must inspect the goods thoroughly before purchase. Goods are sold “as is” and the sale can not be cancelled due to any cosmetic defect that was overlooked by you. Once payment has been received,it is presumed that you have accepted the cosmetic condition of the item that you have paid for.
3. Price and Payment
3.1 You must pay us the full amount of your order before delivery can take place.
3.2 a. Demostock stores – Ownership of goods passes over to you,the customer,as soon as full payment has been received by us. All responsibility of ownership is also handed over to you at the time of payment. We do not insure or take any responsibility for your goods once full payment has been made by you.
b. Online-store – Only once goods have been received and signed for by the purchaser,will it become the purchasers responsibility.
3.3 Goods are only released once full payment has been received by us.
3.4 Banking charges by the receiving bank on payments will be borne by us. All other charges relating to payment will be borne by you.
3.5 You will pay all sums due to us under these terms by the means specified without any set-off,deduction or counterclaim.
3.6 Stock is only reserved once payment has been received. If payment is delayed,we may run out of stock,causing the delivery to be delayed.
4. Information you give us
You agree that you have provided,and will continue to provide accurate,up to date, and complete information about yourself. We need this information to provide you with the goods.
1. Deliveries will be made by die carrier to the address stipulated in your order. Yu must ensure that someone is present to accept delivery. If no-one is present to accept delivery,we will leave your premises and you will be charged an additional delivery fee.
2. We will make every endeavour to deliver goods within 24hours where stock is available. Any delivery taking longer than 7days will be subject to refund.
3. It is your responsibility to ensure that we have your correct contact details and delivery address,we can not be held liable for delays due to incorrect information. A delivery fee will be charged for a “no-show” on your part or failed delivery due to incorrect information supplied to us by you. Any additional delivery attempt will be charged for.
6. Goods Warranty
The warranty is stipulated on the invoice. All warranties and guarantees are carried by the manufacturers.
1. Any goods deemed to be operating defectively,and not working under normal operating parameters and allowances within the warranty period will be repaired or replaced.
2. If goods are found to be operationally defective,we undertake to repair or replace your item within 21 days of written notification from you by email.
3. a. Demostock stores – The warranty is 6 months from the date of the invoice.
b. Online-store – The warranty is as per factory agreement.
4. In any event,you may not cancel orders once payment in part or full has been made by you.
5. A cancellation due to a warranty will only be processed once the goods have been received at the store:
• With both goods and all packaging in their original condition
• Securely wrapped
• With original copy of your invoice
• At your risk and cost
• Refunds will be done at the discretion of the manager
6. If a repair or replacement can not be done within 21 days,we undertake to refund you the full amount invoiced within 7 days. Provided the goods have been returned to us within the guidelines of paragraph 6.5
7. We are under no obligation to collect or recover goods from you,but if we do,our costs will be payable by you.
1. We may make improvements or changes to our written material or to any of the goods,at any time and without advance notice.
2. You are advised that written material may include technical inaccuracies or typographical errors.
3. All our goods are regarded as B/C grade goods,and are only applicable to the Demostock stores. B/C grade goods are goods that may be regarded as one or all of the following :
• Goods that have been used for display purposes in retail stores or showrooms
• Goods that have been used for demonstration purposes
• Goods that have been damaged due to handling,transportation,display or demonstration purposes
• Goods returned by customers or factory seconds that have been repaired and are now deemed to be working as normal
4. We give no warranty and make no representation,express or implied,as to :
• The adequacy or appropriateness of the goods and the services for your purpose
• The truth of any given in our written material
• Any implied warranty or condition as to merchantability or fitness of the goods for a particular purpose
• Compliance with any law
• Non-infringement of any right
5. We are not liable in any circumstances for special,indirect or consequential loss or any damages whatsoever resulting from loss of use,loss of data or loss of revenues or profits,whether in an action of contract,negligence or otherwise,arising out of or in connection with your use of our website or the purchase of goods
6. Except for a claim for personal injuryin any claim against us or our liability is limited to the value of the goods you have purchased in the contract which is the subject of dispute.
You agree to indemnify us against any claim or demand,including reasonable lawyers’ fees,made by any third party due to or arising in any way out of your use of the goods,or the infringement by you,of any intellectual property or other right of any person.
9. Contractual Limitation
Where we provide goods without specific charge,then it (or they) is deemed to be provided free of charge,and not to be associated with any other service for which a charge is made. Accordingly,there is no contractual nor other obligation upon us in respect of any such goods or services.
If any of these terms is at any time held by any jurisdiction to be void,invalid or unenforceable,then it shall be treated as changed or reduced,only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that,each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
11. No Waiver
No Waiver by us,in exercising any right,power or provision hereunder shall operate as a waiver of any other right or of that same right at a future time ; nor shall any delay in exercise of any power or right be interpreted as a waiver.
12. Dispute Resolution
In the event of a dispute arising out of on in connection with these terms or any contract between you and us,then you agree to attept to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
13. Force Majeure
We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.
14. Governing Law
This Agreement shall be governed by and construed in accordance with the law of South Africa. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods,the application of which is hereby expressly excluded.