Legal Statement Contents:
Terms and Conditions
Welcome to the Treehouse Consulting Web site. Treehouse Consulting provides
services and products to you subject to the following terms, conditions,
notices and disclaimers as amended from time to time at the discretion of Treehouse Consulting.
By accessing, browsing or utilizing any or all of the services and products
within the Treehouse Consulting Web, you acknowledge that you understand and
agree to the terms, conditions, notices and disclaimers contained herein. If
you do not agree with the stated terms, conditions, notices and disclaimers,
Treehouse Consulting advises that you do not use the web site for any information
or purchasing.
Treehouse Consulting cc reserves the right to amend, change or omit the site
within the world wide web at our own discretion. Additionally we reserve the
right to institute changes or amendments (effective immediately) to any or
all of the Terms contained in this document and to which, by your utilization
of the network, you will be bound.
top
Pricing Information
We don't control the pricing from the distributor. When an item price drops, we drop our price, this is the way it is with all
computer electronics. Because prices often fluctuate due to the R/US rate
the pricing can and often do change within as little as a day or two from
publishing.
Currency markets are
experiencing almost unprecedented volatility with our ZAR depreciating.
Prices on this website are merely a guideline - please e-mail or call for
updated and valid pricing of products.
As from 13 October 2008 Quotes valid on date of issue only. Please settle
payments in full on date of pro forma invoice to avoid paying adjusted pricing.
Prices of products and services displayed on this Web Site are deemed to be
competitive and current at the time of publishing. However prices vary on occasion and products are
subject to availability. Prices listed are exclusive of VAT and subject to
stock availability. Computer hardware orders are payable on order, a
minimum order values may apply. Service charges are payable C.O.D. by cash or
cheque.
- Web Site design fee
of 50% of quote is payable as a deposit to contract us for your project. This
is not refundable.
- Web site maintenance
orders are payable C.O.D.
- Domain registration and hosting
costs are payable on order and in advance for a 12
month period.
- All Courier/Shipping and
additional packaging (if approved by us) costs are for the account of the client.
- Overdue payments will be
charged at prime interest rate plus 2% per month, calculated on a daily basis.
See late payments.
top
Ordering
An order placed by you is an offer to purchase a particular product or
service at the
price and delivery charges specified by Treehouse Consulting cc. Treehouse Consulting reserves
the right to accept or reject your offer for any reason. Prices and products
and delivery charges, and product and service availability are current at
the time of issue but are subject to change at any time without
notification. To efficiently process your order you must submit your name,
email address, mailing address, account number and provide proof of payment with the
correct ORDER REF number to Treehouse Consulting cc. You must provide accurate personal details and information
and must not transmit any material of any kind which contains a virus,
malicious computer code transmitted on or though the Web Site or other
harmful component. Your contract with Treehouse Consulting is operable when Treehouse Consulting
advises that your order has been accepted and receipt of
your payment is confirmed.
Please place your orders
before 15:00 on Wednesdays if you require delivery the same week. Generally
orders placed before 10am (SA Local Time) on Weekdays will be processed that
day and will normally be delivered within 48 hours, between 8.30 a.m. and
5.30 p.m. for metropolitan areas. National deliveries outside the
Metropolitan areas will vary with destination but generally will take no
longer than 72 hours.
Delivery charges are
excluded from prices listed on these Web Pages. Courier costs are for the
clients account if their address in beyond the 60km service radius. Treehouse Consulting will not be responsible for paying any
courier costs, extra packaging costs or insurance to or from the client.
Web Design services require
a 50% non-returnable deposit on signing of any design or development
contract.
Payment
Treehouse Consulting accepts the following method of payment on order:
Direct Cash Bank Deposit, ATM Transfer, Bank Guaranteed Cheques of
Registered South African Banks only.
The customer shall pay the
amount on the sales confirmation form/invoice in full on placement of order.
Payment is due immediately save for credit-approved customers, in which
event payment is due within the terms as specified in the client’s credit
agreement.
At present we are not able to accept payment made from non-South African
Bank accounts given the limitations that we face in
establishing that the user of the account is legitimate. Payments from
overseas customers are not accepted via Electronic Funds Transfer.
We accept company, bank or personal cheques that are bank guaranteed. We do
not accept credit card payments.
You need to contact the Sales Department to get a valid Order number before
making payment for your order request.
This way we protect you from paying for goods we cannot supply within 48
hours.
Late payments on purchases - All purchases made must be paid on presentation of invoice, bill or statement, or whichever applies. Upon failure to pay, the full outstanding amount will attract interest at
prime interest rate plus 2% per month, calculated on a daily basis. Payments received will be used to pay the interest portion of your account first, and the remaining portion of your payment will pay the capital on your outstanding account balance. Any remaining balance will continue to attract interest until fully paid.
Late payments on
website services - All services made must be paid on presentation of invoice, bill or statement, or whichever applies. Upon failure to pay, the full outstanding amount;
domains will be suspended and re-activation fees will be payable to
re-active your account. Request to re-activate your account must be
forwarded in writing to
sales@itworx.co.za
with proof of payment of outstanding fees due including the re-activation
fee. Late payments will also attract interest at
prime interest rate plus 2% per month, calculated on a daily basis. Payments received will be used to pay the interest portion of your account first, and the remaining portion of your payment will pay the capital on your outstanding account balance. Any remaining balance will continue to attract interest until fully paid.
Web Design project deposits (where applicable)
paid to Treehouse
Consulting
are not refundable
under any circumstances.
An administration fee of R300 will be charged if order is cancelled after issue of a invoice for payment.
Debt collection. If a customer fails to pay as per our set payment terms, or is unlikely to pay within an agreed period, the services of a debt collector may be used to collect the amount owed as well as any accumulated interest up until that date. A minimum "debt collection fee" of 25% will be added to the invoice amount plus the accumulated interest. An invoice will be issued for these amounts once the debt has been settled.
top
Termination
Treehouse Consulting and (where appropriate) reserves the right to refuse
service, terminate accounts, and/or cancel orders at its discretion and at
any time without notice. All restrictions, licenses granted by you and all
disclaimers and limitations of liability by Treehouse Consulting cc set out in
the Terms will survive termination.
Treehouse Consulting further reserves the right to charge account termination fees
(R325 or as amended from time to time) on website services where
clients have failed to settle accounts for hosting and other web related
services on due date of invoice and then decide to cancel such accounts
late. This is applicable to any website hosting
services and domain registrations administrated/serviced by Treehouse Consulting.
top
Fraud
Unauthorized use of a bank account, use of an invalid account and the provision
of a false name and personal details will be considered fraudulent. All
fraudulent activity will be subject to prosecution by the fullest extent of
the law.
top
Delivery
All sales (unless specifically stated otherwise in writing) are EX-Works
transactions. Meaning, goods are made available for pickup at our factory or
warehouse and "delivery" is accomplished when the merchandise is released to
the consignee's freight forwarder or courier, or at the time the buyer is
notified in writing that the goods ordered are at the named disposal point
for collection. The buyer is responsible for
making arrangements with their forwarder for insurance, export clearance and
handling all other paperwork. All export duties and taxes where applicable,
are for the customers account.
Treehouse Consulting cc endeavours to fulfill its commitment to the stated
delivery schedule (when delivery is agreed to) but cannot guarantee to meet scheduled delivery times on
all occasions. Delivery times are indicative only and Treehouse Consulting does
not accept any liability for failure to meet scheduled delivery times or any
inconvenience caused as a consequence.
Treehouse Consulting
will afford a reasonable
opportunity to its customers to examine goods for the purpose of
ascertaining whether or not they conform with the purchase order. A period
of 48 hours from the date of delivery to alert Treehouse Consulting to
non-conformity is given in the following situations:
a. Shipment of damaged products (excluding damage caused by couriers, you
will have to claim against the courier)
b. Short shipment of products from a consignment
c. Missing cartons from multiple carton consignments
In the above situations please contact the Returns Department to get a
Return Authorization Number.
When placing an order with Treehouse Consulting
we require a physical street address in South Africa.
Please note that a signatory needs to be at the delivery address to sign for
and collect the goods. If there is no-one present, then the goods will
be redirected back to Treehouse Consulting and may be collected from us by
prior arrangment.
Any delivery note (copy or
original) signed by the customer and/or its authorised representative and/or
its nominated agent and held by Treehouse Consulting, shall be prima facie
proof that delivery was made to the customer.
In the event of the
customer choosing to engage its own third party to transport the goods, the
customer indemnifies Treehouse Consulting against any claims of any nature
whatsoever that may arise from such an agreement.
Storage/demurrage
costs & Transit
Unless specifically stated
otherwise all goods are sold EXW (Ex works). The buyer must arrange the
carriage; secondly, the risk transfers from the seller to the buyer when the
goods are placed at the disposal of the buyer; and thirdly, the cost
transfers from the seller to the buyer when the goods are placed at the
disposal of the buyer i.e. at a named place. Treehouse Consulting shall
be entitled to charge the customer demurrage/storage charges and insurance
fees in respect of any period during which the goods are stored after goods
are placed at the disposal of the buyer but not collected by the buyer on
date as specified in the written collection
notice issued by Treehouse Consulting.
Uncollected goods -
Disposal after 28 days
If a customer
pays for a repair or a newly placed order but does not collect the order
within 28 days
of written notice to the buyer to collect, Treehouse Consulting reserves the
right to dispose of goods in any such manner as we consider appropriate to
to cover any costs involved in storing the goods and insuring goods over
that period. No credit will be passed to the buyer.
International
No international
Orders are accepted form Treehouse Consulting Web Pages. All sales are
EXW. Foreigners may
purchase goods from us, provided business is conducted from South Africa
through a local agent and
collection of goods made in Cape Town. All sales are EX-Works
transactions,
Treehouse Consulting is not responsible for the buyers insurance, courier costs, export
duties and documentation or any applicable taxes.
Delivery Policy
Differences, Complaints, Proof of
Delivery
top
Returns
Policy
All goods to be returned, whether defective or not, will require a Return Authorization
Number (referred to as a RA Number) before they can be returned. To obtain a Return Authorization Number, please contact the Returns Department
on 082 407 9900 during office hours. (Weekdays 8am-5pm). The buyer is
responsible to pay any courier fees and insurance on returned goods.
You will need to supply the following information which will be on your
invoice before we can issue a Return Authorization Number: -
Your Order Number
Name and contact details
Product to be returned
Date of purchase
Reason for return
Return Authorization Numbers are only valid for 5 days, so we must receive
the returned product into our store within this period; otherwise, the
return may not be accepted. It is the customer's responsibility to ensure
that all products are suitably packaged in order to prevent damage during
return shipping. A copy of the invoice, or other proof of purchase, must be
included with the returned product. The Return Authorization Number should
be clearly visible on the outside of the product-shipping carton and
addressed to the following address -
Treehouse Consulting
Returns Department -
RA # xxxxxxx
PO Box 5275
Helderberg
7135
Treehouse Consulting accepts no responsibility for loss or damage occurring in
transit on return to Treehouse Consulting. Treehouse Consulting will test all products
returned. Some products may need to be returned to the manufacturer for
testing. Treehouse Consulting will contact you to advise of the status of the
returned product within 72 hours of receiving the goods.
A non-faulty fee R250.00 plus freight will apply if your product is
found to be not faulty.
Unless stated otherwise under this Returns Policy, Treehouse Consulting reserves
the right to refuse any returns that -
are incomplete or missing parts; or
are not returned in their original sealed packaging, or
the customers has simply changed their mind on the purchase, or
show signs of physical damage to the product or its packaging or
does not include a valid Return Authorization Number on the shipping label
or
were not returned within 48 hours of invoice date.
Alternatively please visit Treehouse Consulting's office with the product
you wish to return and a copy of the invoice. If the product is eligible for
return Treehouse Consulting will complete the Returns Authorization immediately
in most cases.
Please contact the Returns Department for all return authorizations. No cash
refunds will be given on incorrectly ordered goods.
A 20% handling charge at current price will be issued for goods returned
after original purchase date, provided goods are in a resaleable condition including original packaging, manuals, software and
still sealed.
No
goods will be returnable for credit if damaged or not in original sealed
packaging.
Treehouse
Consulting will pass credit at its own discretion.
Restocking fee payable on orders cancelled after being invoiced.
Under exceptional conditions
and only at Treehouse Consulting's sole discretion,
will we accept a return refund on a re-sellable product, but will only refund a
portion of the price customers paid for it. A percentage of the price,
between 15%-20%, will be forfeited by the customer as a restocking fee.
This fee applies to invoiced items returned only, and not when items are
exchanged due to manufacturer defect under warranty. We don't allow
"try-and-return" purchasing. We do not refund or credit the shipping and
handling fees paid on orders or returns, all sales are strictly EX-Works
transactions.
Phone: 082 407 9900
Fax 021 8550744
top
Manufacturers
Warranty
All products, unless noted
otherwise, are sold with a full manufacturer's warranty. The warranty
periods vary by manufacturer and product.
All claims for warranty service outside
fourteen days should, in the first instance, be directed to the manufacturer
or its authorized service centre.
If the manufacturer directs you to return the product to us as the retailer,
then you must contact Treehouse Consulting within seven days of first noticing
the problem for which you are claiming service under warranty, and at least
14 days before the expiration of the warranty period specified by the
manufacturer otherwise we may not be able to authorize a return.
You will be issued with a Return Authorization Number in accordance with Treehouse Consulting's Return Policy but you will need to specify that the goods
are being returned under the manufacturer’s warranty. You will need to
arrange for return delivery of the product to the address listed in the
Return Policy. Treehouse Consulting will not pay, nor reimburse any costs
associated with a customer-organized shipment under a manufacturer’s
warranty.
The product must be received by our office at least 7 days prior to
expiration of the manufacturer’s warranty period so as to allow sufficient
time for the product to be returned to the manufacturer before the
expiration of the warranty period. Upon receipt of the product, Treehouse Consulting
will return the product to the manufacturer or its authorized service centre or agent for repair/ or replacement.
The product will be repaired/ or replaced at the sole discretion of the
manufacturer. Should the manufacturer determine that the fault is not
covered by the manufacturer’s warranty, then we will advise you of the
quoted repair costs and ask if you wish to proceed with the repair. If you
decide not to proceed with the repair, the manufacturer may charge you an
inspection fee. Once the product is returned to Treehouse Consulting by the
manufacturer or its authorized service centre or agent, we will arrange
return delivery of the product to you at our cost.
For products where the manufacturer has
determined that the fault is not covered by the manufacturer’s warranty,
we require payment of the manufacturer's service charges and any costs
associated with processing of the return prior to returning the product to
you. If you have problems contacting the manufacturer or its authorized service centre or agent, then please contact our Customer Service staff so
that we can assist you with your warranty claim.
Manufacturer workshop
warranty turn-around time is 72 working hours. LCD Monitors with less than 8
dead pixels will not be replaced under warranty.
Ad Hoc warranty call-outs.
Client's will be charged for any warranty call-out at our standard call-out
rates for technical support. Some systems can be bought with an extended
on-site warranty, here the manufacturer will supply support in accordance to
their warranty policy and rates.
top
Discontinued
Products
Treehouse Consulting will, under instruction from its vendors,
discontinue some products from time to time. Your right to return these
discontinued products may be limited.
top
Risk of Damage and Loss
All risk of damage or loss is transferred to the buyer/client on dispatch of the
goods/items to the advised mailing address or at the time the goods are
placed at the disposal of the customer at the collection address nominated
by Treehouse Consulting. Treehouse Consulting cc undertakes to provide original
manufacturer packaging and a reliable delivery service but
is not responsible for any damage or loss of your purchase in transit, nor
does Treehouse Consulting cc insure against loss or damage of your purchase
in transit.
top
Privacy Policy
Treehouse Consulting
Privacy
Policy
We respect your right to privacy! Any and all information collected at this
site will be kept strictly confidential and will not be sold, rented,
loaned, or otherwise voluntarily disclosed to any person or company. Any
information you allow Treehouse Consulting to collect will be held with the
utmost care, and will not be used by us or any third party authorized by us
in ways that you have not consented.
A more detailed explanation in the following statement discloses how we
collect, use, and most importantly, explains the safeguards we place on the
personal information you provide to us on Treehouse Consulting web site.
Protecting your privacy is important to our team at Treehouse Consulting cc.
For further privacy information, please contact us at sales @ itworx.co.za
How
Information is Collected
You remain anonymous while you browse through The Treehouse Consulting catalogue
and information pages. We only collect personal information such as your
e-mail and order delivery address at the time that you wish to place an
order with us.
Various statistical information including your computers IP (Internet
Protocol) address, your browser type and which pages on our site you visit may be
recorded for statistical use only. We do not link this information to any of
your personal information. We simply collect statistics to help us serve you
in a faster and more efficient manner.
We may request that you supply personal information, such as your e-mail
address and postal address, for purposes such as, making a purchase,
entering a competition or participating in a survey. This information will
only be collected on a voluntary basis.
We do not share your profile with any other company or person, and no one
other than Treehouse Consulting personnel who are under strict instructions to
not disclose the information can access your personal information.
How
we use the Information
When you provide us with your e-mail or postal address, Treehouse Consulting
will
send you updates on the latest products and special offers.
Young
Adults and Minors
We do not solicit data from minors or young adults. Treehouse Consulting encourages guardians and parents to assist their children and to participate
in their on-line electronic commerce activities. Purchasing at the Treehouse Consulting
web site is restricted to valid bank account holders. Persons under 18
years of age must not use the site without the consent of their parent or
guardian.
Web
Browser Compatibility
To purchase from the Treehouse Consulting Store, you must use a browser such as Netscape Navigator
3.0 or higher or Internet Explorer 4 and
higher.
Your
Acceptance of These Terms
By using the Treehouse Consulting site, you signify your agreement with the Treehouse Consulting
Internet Use Privacy Statement. If you are NOT able to agree
with any aspect of this policy, please do not use the Treehouse Consulting Internet site.
Treehouse Consulting cc reserves the right, at our
discretion, to modify, add, or delete portions of this privacy statement.
Changes to this policy will be posted on this page and your continued usage
of the site signifies your acceptance of the new conditions.
The Treehouse Consulting cc
privacy statement is subject to change and may be reviewed at any
time and without notice.
top
External Links
Treehouse Consulting cc Web Site may at any time display third party
advertisements, embedded and non-embedded hyperlinks, referral buttons and
other pointers to Internet Web Sites operated by third parties or their
licensees or contractors. Treehouse Consulting cc does not endorse or
recommend the products, services or content of the advertisement nor accept
any responsibility for the contents of any linked Web Sites or any hyperlink
contained within a linked Web Site. Any offer that you can accept by linking
to the third party advertiser's Web site and executing the relevant
transaction is made by you at your own risk. Treehouse Consulting cc is
absolved of any responsibility of any outcome as a consequence of your
access.
top
Limitation of Liability
Treehouse Consulting cc will in no circumstances, to the extent permitted by
law, be liable for any damages or loss whatsoever, whether direct, indirect,
punitive, special, or consequential. Nor will Treehouse Consulting cc be
liable for any loss of profits that are directly or indirectly related to
the use of, or the inability to use, the Treehouse Consulting cc network of
Web Sites, even if advised of the possibility of such damages or that such
damages were foreseeable.
Where Treehouse Consulting cc is unable to exclude liability for breach of
terms and/or conditions of any implied warranty by virtue of any statute,
then its liability shall be limited to any one or more of the following:
- If the breach relates to products.
- the replacement of the goods or the
supply of equivalent goods;
- the repair of the goods
- If the breach relates to services
supplied or offered.
- the supplying of the services
again
top
Disclaimer
The information contained within this Web Site is provided by Treehouse Consulting
cc in good faith that the information is accurate and current and
is represented in accordance with South African law.
To the extent that this law is not in accordance with the country within
which you reside or are accessing this Web Site, this disclaimer does not
apply to you and you should refrain from accessing and purchasing from it.
If you proceed and do access and purchase from any or all of Treehouse Consulting
cc Web Sites you acknowledge that you agree with the Terms and
Condition contained herein and agree to indemnify Treehouse Consulting cc of
any damages, losses or costs you incur as a consequence.
Treehouse Consulting cc makes no representations or warranties of any kind,
expressed or implied, as to the operation of the site or the information,
content and materials, including the currency, accuracy or completeness, of
any content or any information provided by third parties, on or through any
or all of Treehouse Consulting cc Web Sites. Treehouse Consulting cc disclaims the accuracy of all descriptions and specifications of the
products included on any or all of its Web Sites.
Treehouse Consulting cc will not be liable for any damages of any kind
arising from the use of this site, including, but not limited to direct,
indirect, incidental, punitive, and consequential damages.
Treehouse Consulting cc will not guarantee that your access to any Treehouse Consulting
cc Web Site or the functions contained within will be
uninterrupted or error free. Treehouse Consulting cc will not guarantee that
any errors will be corrected or that the Web Sites or the server is free of
viruses, malicious computer code transmitted on or through the Web Sites or
other harmful components.
Copyright
Unless otherwise indicated, copyright in the information on this Web Site is owned by Treehouse Consulting
cc since 2001. All rights reserved. This site or any portion of this site may not be reproduced, duplicated, copied, sold, re-sold or otherwise exploited for any commercial purpose that is not expressly permitted by Treehouse Consulting cc. You may download a single copy of the information on this Web Site and, where necessary for its use as a reference, keep a temporary copy in your computer's cache and make a single hard copy of that information. Except as permitted under the Copyright Act or other applicable laws, no part of the information contained on this Web Site may be otherwise reproduced, adapted, performed in public or transmitted in any form by any process (graphic, electronic or mechanical, including further copying, recording, taping or by a storage and information retrieval system) without the specific prior written consent of Treehouse Consulting cc.
Electronic
Communication
All communication with and from our domain is subject
to the provisions and regulations as prescribed by Act No. 25, 2002 2
August 2002. Any breach, violation or abuse of electronic mail in terms of
this Act may lead to legal prosecution to the fullest extent of the
applicable laws. All legal proceedings will be in a South African court
within the Western Cape Province selected by Treehouse Consulting.
All rights not expressly granted in these Terms are reserved.
top
Treehouse Consulting cc
PO
Box 5275, Helderberg, 7135
Republic of South
Africa
Tel/Fax 021 8550744 Mobile 082 407 9900 e-mail:
sales at itworx dot co dot za
SA
Company Register No: ck
2001/044462/23
Updated 01-01-2009
|
