This web site is owned and operated by Doxa International Pty Ltd.
TERMS & CONDITIONS
The following terms and conditions apply to your use of the cutsmart.co.za.co.za web site ("the web site") by Doxa International Pty Ltd and its customers. Your use of the web site indicates your acceptance of these terms and conditions.
These terms and conditions are subject to change by Doxa International Pty Ltd and may change the content of its terms and conditions at any time without any prior notice to anyone.
By purchasing or using this site, the customer herein agrees to be bound to the terms and conditions listed on cutsmart.co.za.
1. Placing Order / Pricing
Any Quotation made by cutsmart.co.za is not an offer to sell, and no order given in pursuance of any Quotation shall bind the company unless accepted by it. Unless otherwise agreed in writing, all orders are subject to acceptance by cutsmart.co.za within seven (7) days of receipt by cutsmart.co.za of the customer's offer.
All pricing in South African Rands and inclusive of VAT. Please note that pricing and stock availability are subject to change without prior notice. cutsmart.co.za reserves the right not to sell below its cost.
All orders placed are subject to confirmation and acceptance by cutsmart.co.za, this includes the pre-paid orders, eg. Payment made by EWay, Paypal or Paymate, deposit etc.
cutsmart.co.za may vary prices in the event of price changes or mistakes made by suppliers on reasonable prior notice to you. If cutsmart.co.za requests payment for increased prices, you may cancel the order by giving notice to cutsmart.co.za, which must be received within seven days of the announcement of the increase.
To minimise errors and improve efficiency, orders should be placed using our on-line ordering system whenever possible. Other forms of ordering are NOT accepted at the moment.
Price may vary depending upon location due to freight costs and other logistical requirements.
cutsmart.co.za reserves the rights to adjust freight cost at any time.
We do not ship to PO Boxes.
We do not ship to third party addresses unless that address is known and can be verified by cutsmart.co.za.
The Customer shall at its own expense, arrange collection of products from cutsmart.co.za at its premises. Alternatively, cutsmart.co.za in its sole and absolute discretion may arrange physical delivery of products to the Customer at the Customer's business address, such delivery being at the cost of the Customer. The Customer shall be deemed to assume and shall be liable for loss or damage to products from the time they are placed on to the vehicle to transport them from cutsmart.co.za's premises unless the Customer has insured the item when buying from cutsmart.co.za.
Customers are responsible to have someone at the delivery address to sign for and accept the delivery. Cost for re-delivery attempts will be passed to the customers if the delivery address is unattended at the time of delivery.
After your order is placed, you will be sent an E-mail acknowledgement which will include your order number.
3. Delivery time
Any date Quoted for delivery is an estimate only, and unless a guarantee shall have been given by cutsmart.co.za in writing providing for liquidated damages for failure to deliver by the Quoted date, cutsmart.co.za shall not be liable to the Customer for any loss or damage howsoever arising for failure to deliver on or before the Quoted date. The Customer shall accept and pay for Products, not withstanding any failure by cutsmart.co.za to deliver by the Quoted date.
Goods specially ordered in, must be fully paid for prior to delivery & cannot be returned or exchanged without express approval from cutsmart.co.za in writing. The latter case would still attract the normal restocking fee.
4. Returns / Refunds / Cancellations
There will be no credit given on order price difference, due to price drops. Please select carefully at the time when you place your order.
Returns for refund will only be accepted within 7 days of you receiving the goods. A restocking fee of 25% of the purchase price will be deducted. Returned goods must be in its original condition and include all the original packaging. Shipping and handling cost are not refundable.
Any incorrect, missing or damaged items received must be reported to cutsmart.co.za within 24 hours of you receiving the delivery. This can only be done by E-mail or Phone. We recommend by email so that you have verification of such notice.
If item(s) received is not what was ordered please do not open the sealed package in which it was sent. Any attempt to use the incorrect item will be deemed to be acceptance by the customer of the item(s) as a satisfactory substitute for the one that was ordered and no further claim can be raised thereafter.
cutsmart.co.za owns the title of any extra goods shipped with your order that have been despatched in error.
If requested by cutsmart.co.za, the Customer may be required to provide information in that cutsmart.co.za can easily assist the Customer with any monetary refund or cancellation. This information may include member's names, address, home phone, work phone, credit card details and other relevant information required by cutsmart.co.za. Failure to provide sufficient information may delay the refund or cancellation, cutsmart.co.za is not to be held responsible for any delays according to clause provided by cutsmart.co.za.
Any attempt to cancel an order must be made as soon as possible. Cancellations attempted after the despatching of an order will result in the customer having to pay the shipping and handling charges on the package and the cost of shipping the package back as well as a 25% restocking fee.
Cancellations may be communicated by telephone or email. Saturdays, Sundays and holidays by E-mail only.
Cancellations for assembled system orders will incur a 25% cancellation fee. This is to reflect the labour cost and the depreciation for the used parts.
Cancellation for specially ordered items will also attract a 25% cancellation fee. This is to cover the return to stock fee implied by our suppliers and shipping cost.
Where the order is designed for a specific customer perpose, ig. the printing of CD/DVD or duplication thereof, orders must be cancelled prior to commencment of the job. A 25% cancellation fee applies. Orders that have already been commenced or are "under production" will have to pay for production per unit costs to the point where production was stopped as well as a 25% cancellation fee.
5. Warranty Claim
Goods under warranty cover will be replaced or repaired by the manufacturers/individual subscribers. No refund can be provided under any circumstances.
Warranty only covers the item(s) sold by cutsmart.co.za. Warranty does not cover any other equipment used in conjunction with the item(s) sold by cutsmart.co.za.
cutsmart.co.za does not handle warranty claim for those goods where the manufacturer accepts direct warranty claims from customers. cutsmart.co.za as a distributor of this product is under no obligation to honour the manufacture's guarantees/warranties.
In the event that normal stock lines, advertised in the cutsmart.co.za price list are to be returned. A 25% restocking charge applies goods must be in original saleable condition & a copy of invoice attached. This applies within 14 days of delivery & at the sole discretion of cutsmart.co.za an "returns" number & approval must be received before sending the goods & this must appear on returned goods & documents.
All warrantees are voided if returned product is found in any way to be mishandled, misinstalled, modified, tampered, abused, physically damaged or used under wrong voltage etc.
cutsmart.co.za is not responsible for data contents or the security of the data contents contained in any returned goods.
Customer is responsible for proper packaging of returns. All warranties will be void on items that are insufficiently or inaccurately packaged. Customer is responsible for all the shipping charges associated with returning the defective merchandise. If any item(s) returned for warranty claim is determined to be physically damaged, the item(s) will be returned to the customer as is.
Customer is responsible for any shipping and insurance cost involved in sending the warranty claim goods back to cutsmart.co.za. cutsmart.co.za is not responsible for any parcel missing in transit, on its return back to cutsmart.co.za.
Product(s) discontinued by manufacturer(s) shall be upgraded to a similar product or a credit will be given at the current market value or the purchase price whichever is lower.
SPECIAL NOTE RE LIPO AND LIFE BATTERIES: Customers are to note that Lipo or life batteries that have been connected to a charger or rc vehichle voids warranty. These batteries are inherintly unstable and no warranty is given once the product is used. They are a perishable item and must be viewed as such.
6. Warranty turnaround time
Turnaround time for warranty claims largely depends on the suppliers or the distributors. We will try our best to speed up the process. Please understand the time involved for a warranty claim will include: our time to test the item, shipping back to the supplier, supplier??s own test and replacement/repair, and the shipping back to us
We do not provide advance replacement under any circumstances. Please keep this in mind when you place your order. cutsmart.co.za is not responsible for any losses resulting from the time it takes to have the faulty item replaced or repaired.
If you will be using the item(s) for mission critical tasks, be it running a business, using it to prepare an examination, using it for a pre-organised event etc, you should consider purchasing it with sufficient lead time frames. cutsmart.co.za will not be held liable for losses due to failure to meet any delivery deadline.
Unless otherwise agreed in writing, payment for products supplied shall be made in full by the Customer to cutsmart.co.za without deduction or demand, within the approved term as advised by cutsmart.co.za, or in the absence of a term approved by cutsmart.co.za, within (7) days from the order date.
Payment for products ordered through cutsmart.co.za can be made by credit card or direct debit to cutsmart.co.za's account.
8. Default in Payment
If the Customer defaults in payment to cutsmart.co.za, then:
a/ the Customer shall pay to cutsmart.co.za, on demand, interest on any overdue money during the period of default at the rate for the time being fixed under Section 2 of the Penalty Interest Rates Act 1983, and
b/ all moneys owing by the company to cutsmart.co.za shall become due and payable forthwith without demand, and
c/ cutsmart.co.za may at its sole and absolute discretion suspend the provision of credit to the Customer until all amounts owing by the Customer are paid in full
a/ cutsmart.co.za shall not be liable to the Customer, or to any other person whomsoever, for any loss or damage whatsoever or howsoever caused arising directly or indirectly in connection with the Products, other than expressly imposed by statute in terms of which it is not possible to limit or exclude liability.
b/ cutsmart.co.za expressly excludes liability for consequential loss or damage including but not limited to loss of profit, business, revenue, goodwill or anticipated savings.
10. Retention of Title
10.1 The title to the Products will pass to the Customer when payment in full for the Products has been received by cutsmart.co.za. Until the Customer has paid to cutsmart.co.za the full purchase price:
a/ Customer shall hold the Products as bailee for cutsmart.co.za.
b/ the Products shall be stored at the Customer's risk, and in such manner that they are readily distinguishable from other products owned by the Customer or other persons.
c/ the Customer shall indemnify cutsmart.co.za against any claim, action, proceeding, damage, loss, costs, expense or liability whatsoever, arising out of the possession, use or disposal of the Products by cutsmart.co.za, or repossession or attempted repossession by cutsmart.co.za.
d/ any sale of the Products shall be effected as bailee for cutsmart.co.za, and the proceeds of such sale shall be held on trust for cutsmart.co.za. The proceeds of such sales must be held in a separate account or otherwise clearly identified in the books and records of the Customer.
e/ the Customer shall permit cutsmart.co.za to inspect the Products, and the records and books of the Customer to the extent that they relate to the Products.
f/ reserve right of entry to inspect or recover goods owned by cutsmart.co.za, wherever they are located.
10.2 In the event that:
a/ the Products are not paid for in full in accordance with these terms and conditions of sale, or any other agreement between cutsmart.co.za and the Customer; or
b/ the Customer commits any breach of the terms and conditions of sale or any other agreement between cutsmart.co.za and the Customer; or
c/ the Customer receives notice of or reasonably believes that a third person may attempt to levy execution against the products; or
d/ the Customer makes or proposes to make an arrangement with its creditors or is placed under official management, or a petition is presented, or an application filed for the winding up of the Customer, or the Customer ceased to trade, or the Customer (being a natural person) commits an act of bankruptcy.
then cutsmart.co.za may, at any time, without notice to the Customer, and without prejudice to any other right which it may have against the Customer, terminate the contract and the bailment referred to above, and enter upon any premises owned or occupied by the Customer where cutsmart.co.za reasonably believes the Products may be stored, and repossess the Products without being liable for any damage caused, and subsequently dispose of the Products at its discretion. In this event, the Customer ceases to be liable to cutsmart.co.za for payment for the Products, If Moneys are recovered in full.
Due to changing market forces and other extenuating circumstances that affect product availability, and price stability we reserve the right to withdraw any product we advertise and change prices without notice.
Information contained throughout the web pages and in our database is believed to be accurate and reliable at the time of publishing. There may be misprints, human errors, and omissions. We reserve the right to make changes and corrections in prices, products, and specifications without notice.
Images displayed on this web site should be regarded as illustrative and informational purpose only. The actual products are often not identical to the images.
Hyperlinks (URL) provided throughout our product pages can only be used as references only. The products we carry are often not identical as the contents contained in the links. If unsure, please contact cutsmart.co.za.
12. Obligations of the Customer
As subscriber to cutsmart.co.za, the Customer must provide current, complete, and accurate information about the Customer at all times.
The Customer is entirely responsible for their account which includes confidentiality, any and all activities through using the Customer's account, cutsmart.co.za will not be held responsible in any manner.
On the first purchase the Customer places with cutsmart.co.za, the Customer might be required to provide additional identification to cutsmart.co.za to help eliminate Internet credit card fraud and to provide additional security.
cutsmart.co.za reserves the right to terminate a Customer's account if it is found to contain false, incomplete, inaccurate information. If any security concerns or breaches arises from the Customer, they shall report it to cutsmart.co.za immediately.
cutsmart.co.za does not store any credit card details for any Customers. The Customer will ensure that credit card details are their sole responsibility to safe guard.
13. Provision of Credit
The provision of credit and/or the continued provision of credit by cutsmart.co.za to the Customer from time to time, shall be in the absolute discretion of cutsmart.co.za.
a/ cutsmart.co.za may at its absolute discretion extend credit to the Customer; or
b/ extend and/or continue to extend credit to the Customer subject to the provision of security in a from acceptable to cutsmart.co.za; or
c/ may at any time vary or cancel the credit facility available to the Customer Credit account must have cutsmart.co.za Guarantee in place.
14. Differences and Complaints
Subject to the provisions of clause 7, cutsmart.co.za shall not be liable in respect of any difference or complaint arising out of the terms and conditions of sale unless the Customer advises cutsmart.co.za in writing of the difference or complaints not later than fourteen (14) days after the date of the occurrence of the events or circumstances on which the difference of complaint is based.
The failure or neglect by cutsmart.co.za to enforce or waiver the provisions hereof, shall not be constituted nor shall be deemed to be a waiver of cutsmart.co.za's rights hereunder, nor in any way effect the validity of the whole or any part of the terms and conditions of sale, nor prejudice cutsmart.co.za's right to take subsequent action.
16. Sever Ability
In the event that any part of these terms and conditions shall be deemed invalid, unlawful or un-enforceable to any extent, such terms or conditions shall be severed from the remaining terms and conditions, which shall continue to be valid and enforceable to the fullest extent permitted by law.
17. Governing Law
cutsmart.co.za and the Customer agree that the terms and conditions of sale shall be governed by the laws of Australia.
Our Privacy Pledge
Any personal information that you submit will be used simply to process your requests and for ongoing email notifications in your area of interest.
From time to time, we may provide information about sales, to reputable third parties and subsciber sellers of this site.
We release account and other personal information when we believe release is appropriate to comply with law; enforce or apply our Conditions of Use and other agreements; or protect the rights, property, or safety of cutsmart.co.za, our users, or others.
Any changes to our information collection policies will be posted on this page. By using the the cutsmart.co.za website site, you are consenting to the collection of information by cutsmart.co.za.
cutsmart.co.za acts only as an onseller for some of the items displayed on this site!
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY cutsmart.co.za ON AN "AS IS" AND "AS AVAILABLE" BASIS. cutsmart.co.za MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, LINKS TO OR FROM OTHER SITES OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.