1. Introduction
1. This website can be accessed at www.techdraw.co.za,
related mobi-sites and software applications (the “Website”)
and is owned and operated by Bidtiq (Pty) Ltd t/a TechDraw
(Proprietary) Limited (“Bidtiq”, “we”,
“us” and “our”).
2. These Website Terms and Conditions (“Terms
and Conditions”) govern the ordering, sale and delivery of Goods, and the
use of the Website.
3. These Terms and Conditions are binding and
enforceable against every person that accesses or uses this Website (“you”,
“your” or “user”).
4. The Website enables you to shop online for an
extensive range of Technical equipment (“Goods”).
2. Important Notice
1. These Terms and Conditions apply to users who
are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
2. These Terms and Conditions contain provisions
that appear in similar text and style to this clause and which -
1. may limit the risk or liability of Bidtiq
(Pty) Ltd t/a Techdraw; and/or
2. may create risk or liability for the user;
and/or
3. may compel the user to indemnify Bidtiq (Pty)
Ltd t/a Techdraw and/or
4. serves as an acknowledgement, by the user, of
a fact.
3. Your attention is drawn to these Terms and
Conditions because they are important and should be carefully noted.
4. If there is any provision in these Terms and
Conditions that you do not understand, it is your responsibility to ask Bidtiq
(Pty) Ltd t/a Techdraw to explain it to you before
you accept the Terms and Conditions or continue using the Website.
5. Nothing in these Terms and Conditions is
intended or must be understood to unlawfully restrict, limit or avoid any right
or obligation, as the case may be, created for either you or Bidtiq (Pty) Ltd
t/a Techdraw in terms of the CPA.
6. Bidtiq (Pty) Ltd t/a Techdraw
permits the use of this Website subject to the Terms and Conditions. By using
this Website in any way, you shall be deemed to have accepted all the Terms and
Conditions unconditionally. You must not use this Website if you do not agree
to the Terms and Conditions.
3. Returns
1. Please refer to our Returns Policy for more
information about returning products (and related refunds, replacements or
repairs). The Returns Policy is incorporated by reference (which means
that it forms part of these Terms and Conditions).
4. Use of the website
1. By using the Website
you warrant that you are 18 (eighteen) years of age or older and of full legal
capacity. If you are under the age of 18 (eighteen) or if you are not legally
permitted to enter into a binding agreement, then you may use the Website only
with the involvement and supervision of your parent or legal guardian. If your
parent or legal guardian supervises you and gives his/her consent, then such
person agrees to be bound to these Terms and Conditions and to be liable and
responsible for you and all your obligations under these Terms and Conditions.
2. You agree that you will not in any way use
any device, software or other instrument to interfere or attempt to interfere
with the proper working of the Website. In addition, you agree that you will
not in any way use any robot, spider, other automatic device, or manual process
to monitor, copy, distribute or modify the Website or the information contained
herein, without the prior written consent from an authorised Bidtiq (Pty) Ltd
t/a Techdraw representative (such consent is deemed
given for standard search engine technology employed by Internet search
websites to direct Internet users to this Website).
3. You may not use the Website to distribute
material which is defamatory, offensive, contains or amounts to hate speech or
is otherwise unlawful.
4. You may not in any way display, publish,
copy, print, post or otherwise use the Website and/or the information contained
therein without the express prior written consent of an authorised Bidtiq (Pty)
Ltd t/a Techdraw representative.
5. Conclusion of sales and availability of stock
1. Users may place orders for Goods, which Bidtiq
(Pty) Ltd t/a Techdraw may accept or reject. Whether
or not Bidtiq (Pty) Ltd t/a Techdrawaccepts an order
depends on the availability of Goods, correctness of the information relating
to the Goods (including without limitation the price) and receipt of payment or
payment authorisation by Bidtiq (Pty) Ltd t/a Techdraw
for the Goods.
2. NOTE: Bidtiq (Pty) Ltd t/a Techdraw will indicate the acceptance of your order by delivering the Goods
to you (the “Sale”). This is regardless of any communication from Bidtiq
(Pty) Ltd t/a Techdraw stating that your order or
payment has been confirmed. Bidtiq (Pty) Ltd t/a Techdraw
will indicate the rejection of your order by cancelling it and, as soon as
possible thereafter, refunding you for any amount already paid.
3. Prior to delivery of the Goods, you may
cancel an order at any time provided you do so before receiving a dispatch or
delivery notice. After delivery of the Goods, you may return the Goods only in accordance
with the Returns Policy.
4. Placing Goods in a shopping basket without
completing the purchase cycle does not constitute an order for such Goods, and
as such, Goods may be removed from the shopping basket if stock is no
longer available or the price thereof might change without notice to you. You
cannot hold Bidtiq (Pty) Ltd t/a Techdraw liable if
such Goods are not available or are not available at the particular price when
you complete or attempt to complete the purchase cycle at a later stage.
5. You acknowledge that stock of all Goods on
offer is limited and that pricing may change at any time without notice to you.
In the case of Goods for sale by Bidtiq (Pty) Ltd t/a Techdraw,
Techdraw will take all reasonable efforts to monitor stock levels and ensure
that when stock is no longer available, that offers thereof are discontinued on
the Website. However, we cannot guarantee the availability of stock. When Goods
are no longer available after you have placed an order, Bidtiq (Pty) Ltd t/a Techdraw will notify you and you will be entitled to a
refund of any amount already paid by you for such Goods.
6. Certain Goods may not be purchased for
re-sale. Should we suspect that any such Goods are being purchased for sale, we
are entitled to cancel your order immediately on notice to you.
6. Payment
1. We are committed to providing secure online
payment facilities. All transactions are encrypted using appropriate encryption
technology.
2. The Goods are for sale by Bidtiq (Pty) Ltd
t/a Techdraw, payment may be made for Goods via the
following methods (depending on its availability and/or your eligibility to use
such a method) -
1. credit card: where payment is made by credit
card, we may require additional information in order to authorise and/or verify
the validity of payment. In such cases we are entitled to withhold delivery
until such time as the additional information is received by us and
authorisation is obtained by us for the amounts. If we do not receive
authorisation your order for the Goods will be cancelled. You warrant
that you are fully authorised to use the credit card supplied for purposes of
paying the Goods. You also warrant that your credit card has sufficient
available funds to cover all the costs incurred as a result of the services
used on the Website;
7. Delivery of goods
1. Bidtiq (Pty) Ltd t/a Techdraw
offers 1 (one) method of delivery of Goods to you.
1. courier;
8. Errors
1. We shall take all reasonable efforts to
accurately reflect the description, availability, purchase price and delivery
charges of Goods on the Website. However, should there be any errors of
whatsoever nature on the Website (which are not due to our gross negligence),
we shall not be liable for any loss, claim or expense relating to a transaction
based on any error, save – in the case of any incorrect purchase price – to the
extent of refunding you for any amount already paid, or otherwise as set out in
the Returns Policy.
2. Bidtiq (Pty) Ltd t/a Techdraw
shall not be bound by any incorrect information regarding our Goods displayed
on any third party websites.
9. Privacy policy
1. We respect your privacy and will take all
reasonable measures to protect it, as more fully detailed in our Privacy
Policy, which is
incorporated by reference.
10. Changes to these Terms and Conditions
1. Bidtiq (Pty) Ltd t/a Techdraw
may, in its sole discretion, change any of these Terms and Conditions at any
time. It is your responsibility to regularly check these Terms and Conditions
and make sure that you are satisfied with the changes. Should you not be
satisfied, you must not place any further orders on, or in any other way use,
the Website.
2. Any such change will only apply to your use
of this Website after the change is displayed on the Website. If you use the
Website after such amended Terms and Conditions have been displayed on the
Website, you will be deemed to have accepted such changes.
11. Electronic communications
1. When you visit the Website or send emails to
us, you consent to receiving communications from us or any of our divisions
electronically in accordance with our privacy policy as set out in clause 14 below.
12. Ownership and copyright
1. The contents of the Website, including any
material, information, data, software, icons, text, graphics, lay-outs, images,
sound clips, advertisements, video clips, trade names, logos, trade-marks,
designs and service marks which are displayed on or incorporated in this
Website (“Website Content”) are protected by law, including but not
limited to copyright and trade mark law. The Website Content is the property of
Bidtiq (Pty) Ltd t/a Techdraw, its advertisers and/or
sponsors and/or is licensed to Bidtiq (Pty) Ltd t/a Techdraw
2. You will not acquire any right, title or
interest in or to the Website or the Website Content.
3. Any use, distribution or reproduction of the
Website Content is prohibited unless expressly authorised in terms of these
Terms and Conditions or otherwise provided for in law.
4. Where any of the Website Content has been licensed
to Bidtiq (Pty) Ltd t/a Techdraw or belongs to any
third party, your rights of use will also be subject to any terms and
conditions which that licensor or third party imposes from time to time and you
agree to comply with such third party terms and conditions.
13. Disclaimer
1. The use of the Website is entirely at your
own risk and you assume full responsibility for any risk or loss resulting from
use of the Website or reliance on any information on the Website.
2. Whilst Bidtiq (Pty) Ltd t/a Techdraw takes reasonable measures to ensure that the
content of the Website is accurate and complete, Bidtiq (Pty) Ltd t/a Techdraw makes no representations or warranties, whether
express or implied, as to the quality, timeliness, operation, integrity,
availability or functionality of the Website or as to the accuracy,
completeness or reliability of any information on the Website. If any such
representations or warranties are made by Bidtiq (Pty) Ltd t/a Techdraw representatives, Bidtiq
(Pty) Ltd t/a Techdraw shall not be bound thereby.
3. Bidtiq (Pty) Ltd t/a Techdraw
disclaims liability for any damage, loss or expenses, whether direct, indirect
or consequential in nature, arising out of or in connection with your access to
or use of the Website and/or any content therein unless otherwise provided by
law.
4. Although Goods sold from the Website may,
under certain specifically defined circumstances, be under warranty, the
Website itself and all information provided on the Website is provided “as is”
without warranty of any kind, either express or implied, including, but not
limited to, the implied warranties of merchantability, fitness for a particular
purpose, completeness, or non-infringement, as may be allowed in law.
5. Any views or statements made or expressed on
the Website are not necessarily the views of Bidtiq (Pty) Ltd t/a Techdraw, its directors, employees and/or agents.
6.
In
addition to the disclaimers contained elsewhere in these Terms and Conditions, Bidtiq
(Pty) Ltd t/a Techdraw also makes no warranty or
representation, whether express or implied, that the information or files
available on the Website are free of viruses, spyware, malware, trojans,
destructive materials or any other data or code which is able to corrupt,
destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in
any manner the operation, stability, security functionality or content of your
computer system, computer network, hardware or software in any way. You accept
all risk associated with the existence of such viruses, destructive materials
or any other data or code which is able to corrupt, compromise, jeopardise,
disrupt, disable, harm or otherwise impede in any manner the operation or
content of a computer system, computer network, any handset or mobile device,
or your hardware or software, save where such risks arise due to the gross
negligence or wilful misconduct of Bidtiq (Pty) Ltd t/a Techdraw,
its employees, agents or authorised representatives. Bidtiq (Pty) Ltd t/a Techdraw thus disclaims all liability for any damage, loss
or liability of any nature whatsoever arising out of or in in connection with
your access to or use of the Website.
14. Limitation of liability
1. Bidtiq (Pty) Ltd t/a Techdraw
cannot be held liable for any inaccurate information published on the Website
and/or any incorrect prices displayed on the Website, save where such liability
arises from the gross negligence or wilful misconduct of Bidtiq (Pty) Ltd t/a Techdraw, its employees, agents or authorised
representatives. You are encouraged to contact us to report any possible
malfunctions or errors by way of our Contact Us
2. BIDTIQ (PTY) LTD t/a/TECHDRAW SHALL NOT BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR
DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR
THE CONTENT CONTAINED IN THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE,
AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
3. YOU HEREBY INDEMNIFY BIDTIQ (PTY) LTD
t/a/TECHDRAW AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY
YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE
AND/OR ANY LINKED THIRD PARTY WEBSITE.
15. Availability and termination
1. We will use reasonable endeavours to maintain
the availability of the Website, except during scheduled maintenance perids, and are entitled to discontinue providing the
Website or any part thereof with or without notice to you.
2. Bidtiq (Pty) Ltd t/a Techdraw
may in its sole discretion terminate, suspend and modify this Website, with or
without notice to you. You agree that Bidtiq (Pty) Ltd t/a Techdraw
will not be liable to you in the event that it chooses to suspend, modify or terminate
this Website other than for processing any orders made by you prior to such
time, to the extent possible.
3. If you fail to comply with your obligations
under these Terms and Conditions, including any incident involving payment of
the price of an order for any Goods, this may (in our sole discretion with or
without notice to you) lead to a suspension and/or termination of your access
to the Website without any prejudice to any claims for damages or otherwise
that we may have against you.
4. Bidtiq (Pty) Ltd t/a Techdraw
is entitled, for purposes of preventing suspected fraud and/or where it
suspects that you are abusing the Website and/or have created multiple user
profiles to take advantage of a promotion intended by Bidtiq (Pty) Ltd t/a Techdraw to be used once-off by you, to blacklist you on
its database (including suspending or terminating your access to the Website),
refuse to accept or process payment on any order, and/or to cancel any order
concluded between you and Bidtiq (Pty) Ltd t/a Techdraw,
in whole or in part, on notice to you. Bidtiq (Pty) Ltd t/a Techdraw
shall only be liable to refund monies already paid by you (see Bidtiq (Pty) Ltd
t/a Techdraw’s) Returns Policy in this regard), and
accepts no other liability which may arise as a result of such blacklisting
and/or refusal to process any order.
5. At any time, you can choose to stop using the
Website, with or without notice to Bidtiq (Pty) Ltd t/a Techdraw.
16. Governing law and jurisdiction
1. These Terms and Conditions and our relationship
and/or any dispute arising from or in connection with these Terms and
Conditions shall be governed and interpreted in accordance with the laws of the
Republic of South Africa. Your continued use of the Website will constitute
your consent and submission to the jurisdiction of the South African courts
regarding all proceedings, transactions, applications or the like instituted by
either party against the other, arising from any of these Terms and Conditions.
2. In the event of any dispute arising between
you and Bidtiq (Pty) Ltd t/a Techdraw you hereby
consent to the non-exclusive jurisdiction of the High Court of the Republic of
South Africa (Western Cape Division, Cape Town) notwithstanding that the
quantum in the action or proceedings may otherwise fall below the monetary
jurisdiction of that court.
3. Nothing in this clause 23 or the Terms and
Conditions limits your right to approach any court, tribunal or forum of
competent jurisdiction in terms of the CPA.
17. Notices
1. Bidtiq (Pty) Ltd t/a Techdraw
hereby selects 14 Klaver Street, Sybrand
Park, Cape Town for the service of all formal notices and legal processes in
connection with these Terms and Conditions (“legal address”). Bidtiq (Pty) Ltd
t/a Techdraw may change this address from time to
time by updating these Terms and Conditions.
2. You hereby select the delivery address
specified with your order as your legal address, but you may change it to any
other physical address by giving Bidtiq (Pty)
Ltd t/a Techdraw not less than 7 days’ notice in
writing.
3. Notices must be sent either by hand, prepaid
registered post, telefax or email and must be in English. All notices sent -
1. by hand will be deemed to have been received
on the date of delivery;
2. by prepaid registered post, will be deemed to
have been received 10 days after the date of posting;
3. by telefax before 16h30 on a business day
will be deemed to have been received, on the date of successful transmission of
the telefax. All telefaxes sent after 16h30 or on a day which is not a business
day will be deemed to have been received on the following business day; and
4. by email will be deemed to have been on the
date indicated in the “Read Receipt” notification. ALL EMAIL
COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTION to
serve as proof that an email has been received.
18. Complaints
1. If you have a complaint about the goods or
services provided by us or require information regarding our internal
complaints-handling process, please get in touch with us via our Contact
Us on the Website or you can contact us on 021 696 9361.
2. If we are unable to resolve your complaint to
your satisfaction or we cannot resolve your complaint within 15 (fifteen)
business days of you having notified us of it, you can approach the Consumer
Goods and Services Ombud (“CGSO”) to assist in resolving the complaint.
The CGSO’s contact details are: Website: http://www.cgso.org.za/ Sharecall:
0860 000 272 Email: complaints@cgso.org.za
19. Information
1. For the purposes of the ECT Act, Bidtiq (Pty)
Ltd t/a Techdraw’s information is as follows, which
should be read in conjunction with its product descriptions and other terms and
conditions contained on the Website:
1. Full name: Bidtiq (Pty) Ltd t/a Techdraw, a private
company registered in South Africa with registration number 2015/271636/07
2. Main business: Online retailer
3. Physical address for receipt of legal service
(also postal and street address): 14 Klaver Street, Sybrand
Park, Cape Town,7700 (marked for attention: CEO and Legal)
4. Phone number: +27 21 696 9361
5. Email address: info@rcsuppliers.co.za
20. General
1. Bidtiq (Pty) Ltd t/a Techdraw
may, in its sole discretion, at any time and for any reason and without prior
written notice, suspend or terminate the operation of the Website or the user’s
right to use the Website or any of its contents subject to us processing any
orders then already made by you.
1. You may not cede, assign or otherwise
transfer your rights and obligations in terms of these Terms and Conditions to
any third party.
2. Any failure on the part of you or Bidtiq
(Pty) Ltd t/a Techdraw to enforce any right in terms
hereof shall not constitute a waiver of that right.
3. If any term or condition contained herein is
declared invalid, the remaining terms and conditions will remain in full force
and effect.
4. No variation, addition, deletion, or agreed
cancellation of the Terms and Conditions will be of any force or effect unless
in writing and accepted by or on behalf of the parties hereto.
5. No indulgence, extension of time, relaxation
or latitude which any party (the “grantor”) may show grant or allow to
the other (the “grantee”) shall constitute a waiver by the grantor of
any of the grantor’s rights and the grantor shall not thereby be prejudiced or
stopped from exercising any of its rights against the grantee which may have
arisen in the past or which might arise in the future.
6. These Terms and Conditions contain the whole
agreement between you and Bidtiq (Pty) Ltd t/a Techdraw and no other warranty
or undertaking is valid, unless contained in this document between the parties.