TERMS AND CONDITIONS OF SALE
This website is operated by Delta 5 Games and Webvelopment (hereinafter referred to as “we”, “us” or “our”).
Please read these terms and conditions carefully. By submitting an order on this website you are agreeing to the terms that appear below (as amended from time to time). The terms that will govern your purchase will be those in effect at the date of your order.
We will treat each order for goods as an offer by you to purchase the goods subject to these terms and conditions and which offer we will be entitled to accept or reject for any reason whatsoever, without any recourse.
The merchandise and prices available on our website do not reflect the merchandise and prices available in our stores. Our stores will not match prices with our online store (or other online stores) because we do not consider them to be in competition with our retail stores.
Description of Goods
All the products we sell are of a technical nature and it is therefore not practical to publish detailed specifications of them all. All images, descriptive matter, specifications and advertising on our site are provided for the sole purpose of giving an approximate description of the goods. Full detailed specifications are available from us on request or from the manufacturers or their websites where available.
Availability of Goods
All products and services are subject to availability and may be withdrawn at any time. If we do not supply the goods for any reason we will not charge you for these and we will refund any money already paid for them. However, we will not be responsible for compensating you for any other losses you may suffer if we do not supply the goods.
Although we will use our best efforts to ensure that prices reflected on the website are accurate and current, because of the nature of the goods; prices change and are subject to change without notice. In the event that the price to be charged is more than the price reflected on the website, in respect of any goods, we will advise you thereof, by email, prior to delivery thereof, thus giving you the opportunity to accept or reject any higher price. Emails sent to you but not responded to within 7 (seven) days of us sending the email will be deemed to be an acceptance of the higher price.
Payment to us will be made by way of cash or bank transfer. No cheque deposits will be accepted. We will not deliver any goods ordered by you unless payment from you has been received and if necessary cleared by us.
Delivery Dates and Delays
Most of the goods purchased on this site are delivered nationwide within 96 hours of you placing your order. We will contact you if a delivery is going to take longer than we would normally expect. We will endeavour to deliver goods within these time periods, but goods are subject to availability and delay in the delivery of goods is frequently in the hands of a third party and sometimes outside our control. Carriers cannot specify an exact hour of delivery. Any dates we specify for the delivery of goods are approximations only and we shall not be liable for any losses, costs, damages, charges, or expenses caused by any delay in the delivery of the goods. Our failure to meet approximate delivery dates will not be grounds for you to cancel the sale. Some orders may be delivered in more than one delivery. We will only deliver goods to the address on the order and goods will not be left without a signature. You are required to make all the necessary arrangements to take delivery of the goods whenever they are tendered for delivery. If you are not at shipping on the date that has been agreed and the delivery agent cannot contact you, we reserve the right to charge you for the re-delivery.
We hold the right to use a 3rd party for courier delivery.
Inspection of goods
It is your responsibility to ensure that there is a responsible person at the delivery address to inspect and to sign for the goods. . We cannot accept liability for damages or errors if goods have been fitted or if you have had the goods in your possession for more than 7 (seven) days.
PLEASE ENSURE THAT YOU KEEP THE ORIGINAL PACKAGING IN CASE YOU HAVE ANY REASON TO RETURN YOUR PURCHASE (subject to our returns policy set out below.)
You must notify in us writing if a product has been delivered incomplete within 7 (seven) days of your receipt thereof.
The risk in the goods shall pass to you, the customer, on arrival at the delivery address, as advised by you.
We do not effect installation and accordingly, none of our prices include installation. We do however offer system assembly as a separate offer.
You must notify us immediately if a product should fail to operate correctly. Faulty products should be returned to us within seven days to qualify for a refund or exchange and will only be done at our discretion. If a product is returned as faulty, but is not deemed to be faulty by us, the product will be returned back to you. It is your responsibility to ensure for the delivery to one of our branches should you need to return the item.
This will be done subject to an administration fee equivalent to10% of the price of the goods along with the cost of delivery in an amount equivalent to the original delivery charge.
PLEASE NOTE THAT NOTWITHSTANDING ANYTHING WHICH IS SET OUT ABOVE, IN ORDER TO SUCCESSFULLY OBTAIN AN EXCHANGE OR REFUND FOR FAULTY GOODS THE GOODS MUST BE RETURNED COMPLETE WITH ALL ACCESSORIES IN THEIR ORIGINAL BOX AND PACKAGING.
All products supplied are covered by the terms and conditions of the manufacturer’s guarantee. No further or additional warranties or undertakings will be given by us in regard to the goods.
We will not accept liability for goods lost in transit unless we are notified within 7(seven) days from the expected delivery date.
Refunds will be at our discretion and will be made to the same bank account that was used for the transaction, within 30 (thirty) days of notification to you that a refund is due to you.
Cooling Off Period
In accordance with Section 44 of the Electronic Communications and Transactions Act 25 of 2002 (“ECT Act”) you are entitled to cancel your purchase within seven (7) calendar days after date of receipt of the good(s) and obtain a full refund (excluding the courier fees).
There are some exceptions to the “cooling off” period (Section 42.2 of the ECT Act). These exceptions include the following products in respect of which NO cooling off period shall apply:
- Computer software which have been opened/ seals broken
- Consumables which have been opened/ seals broken
- Products which by reason of their nature cannot be returned (including electronic vouchers) due to the fact that the security seal was tampered with and/or the product has been used.
Products which are not defective or damaged, but which you want to return for whatever reason, must be returned within seven (7) calendar days from date of invoice. The product(s) must be returned to our door.
Should an opened/un-sealed product be returned, a 20% handling fee will be charged. The product(s) also needs to be in a resalable condition. Products that are returned with missing items (such as manuals, warranty cards, accessories and other materials belong to that item) will not be credited/ refunded. It is at our sole discretion to pass credit/refund if an opened/un-sealed is returned to us.
Software will only be credited/refunded if the packaging is unopened/seals unbroken and accompanied by a police affidavit.
Consumables (such as toners, inks, CD’s, Blu-ray discs, etc.) can only be returned for credit/refund as long as it is unopened/sealed and unused.
In both COOLING OFF PERIOD and NON-DEFECTIVE PRODUCTS, the products must be returned within seven (7) calendar days (to our door). All products must be returned to Delta 5 Games in their original packaging. The cost of returning the products will be solely at your expense. Should a product be damaged while in transit to Delta 5 Games, we will not be liable for the damage nor will Delta 5 Games be able to credit/refund you.
Note, that due to online activation protocols and Piracy, no PC games, Console games or any other Software whatsoever will be refunded or exchanged. Prices include VAT and are subject to change without prior notice. Errors and Omissions excluded.
We are committed to protecting your privacy. We will only use the information that you provide for lawful purposes. We obtain information about you only to process your order and provide you with the best possible service. We will endeavour to ensure that the information we hold will be accurate and up to date and we agree keep such information secure.
Restrictions on use of material
No material from www.delta5games.co.za or any website owned, licensed or controlled by www.delta5games.co.za may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without the prior written consent of www.delta5games.co.za. Modification of the materials or use of the materials for any other purpose is a violation of www.delta5games.co.za copyright and other rights. In the event that you download software from the site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software are licensed to you by www.delta5games.co.za and www.delta5games.co.za retains full and complete title to all information contained within this site.
All company names, logos, trademarks, product names, images or photographs displayed in this website are the property of their respective owners.
Amendment to Terms
www.delta5games.co.za reserves the right to amend these terms and conditions without notice.
It is our intention that all information on this website is as accurate and up to date as possible. However, we cannot guarantee this. We shall have the right to refuse or cancel any orders to take account of any increase in our suppliers’ prices, or the imposition of any taxes or duties, or if due to an error or omission the price published for the goods is wrong whether or not the order has been confirmed. Errors on our website are rare, but mistakes can happen. In the unlikely event of an error in price being made on our website, we will contact you and give you the opportunity to amend or cancel your order. If your credit card has already been charged and we subsequently cancel your order, we will immediately issue a credit to your credit card account in the value of the incorrect price (including delivery charges). We will not be liable for any injuries or financial loss from accidents related to the order or loss of time and monies resulting from delays, non-deliveries and wrong delivery. Price and availability information are subject to change without notice.
www.delta5games.co.za and its employees and agents accept no responsibility whatsoever for any damages caused by any means howsoever to any person or property upon the delivery, removal, return, installation of goods or for any other reason whatsoever. We do not accept responsibility for time or earnings lost or for any other consequential loss.