Acceptance of Terms
Your access to and use
of www.muddle.co.za is subject to these terms and conditions. You will not use
the website for any purpose that is unlawful or prohibited by these terms and
conditions. By using this website, you are fully accepting of the terms,
conditions and disclaimers contained in this notice. If you do not accept these
terms and conditions you must immediately stop using the website.
You agree to be fully responsible for
any claims, expenses, liabilities, and losses (including legal fees) incurred
by Muddle, arising from any
infringement of the terms and conditions set out in this agreement.
Website
Changes
Muddle reserves the right to:
1: Change or remove the website or any part
of it without notice and you agree that Muddle
shall not be liable to you for any such change or removal.
2: Change these terms and conditions at
any time, and your continued use of the website following any changes shall be
deemed to be your acceptance of such changes.
Copyright
In
accessing the Website you agree that you will access the content solely for
your personal, non-commercial use. None of the content may be downloaded,
copied, reproduced, transmitted, stored, sold or distributed without the prior
written consent of the copyright holder. This excludes the downloading, copying
and/or printing of pages of the website for personal, non-commercial use only.
Disclaimers
and Limitation of Liability
1:
The website is provided on an AS IS and AS AVAILABLE basis without any
representation or endorsement made and without warranty of any kind whether
express or implied, including but not limited to the implied warranties of
satisfactory quality, fitness for a particular purpose, non-infringement,
compatibility, security and accuracy.
2: To the extent permitted by law, Muddle
will not be liable for any indirect or consequential loss or damage whatever
(including without limitation loss of business, opportunity, data, profits)
arising out of or in connection with the use of the website.
3: Muddle makes no warranty
that the functionality of the website will be uninterrupted or error free, that
defects will be corrected or that the website, or the server that makes it
available, are free of viruses or anything else which may be harmful or
destructive.
4: Nothing in these terms and conditions shall be construed so as to exclude or
limit the liability of Muddle for
death or personal injury as a result of the negligence of Muddle or that of its employees or agents.
Indemnity
You agree to indemnify and hold
Muddle and its employees and agents
harmless from and against all liabilities, legal fees, damages, losses, costs
and other expenses in relation to any claims or actions brought against Muddle arising out of any breach by you
of these Terms and Conditions or other liabilities arising out of your use of
this website.
Severance
If any of these Terms and
Conditions should be determined to be invalid, illegal or unenforceable for any
reason by any court of competent jurisdiction then such a term or condition
shall be severed and the remaining terms and conditions shall survive and remain
in full effect and continue to be binding and enforceable.
Governing
Law
These Terms and Conditions
shall be governed by and construed in accordance with the law of South Africa
and you hereby submit to the exclusive jurisdiction of the South African
courts.
Products, Pricing and Images
Pricing is subject to fluctuate
without Notice. Images, logos, icons and graphics are used for demonstration
purposes only, please note the actual product may differ.
Refunds/Returns
Muddle shall only accept returns within 7 days of the
customer receiving the product, provided the product is in its original
packaging, and in the same condition as when received. You will receive a full
refund, less shipping costs. If an opened item is returned after 7 days, there
will be a 25% handling fee charged. All returned items must be in a resalable
condition. If the product and packaging (where applicable) are not in the
original condition, it either will be returned to the customer at the
customer’s expense or an additional fee shall be levied upon the customer at Muddle’s discretion.
Therefore, items may only be returned
for refund or replacement subject to the following restrictions:
1. All products must be returned in
original condition including packaging, documentation, warranty cards, manuals,
and accessories.
2. Software and consumables are non-refundable (in the case of brand new items)
unless returned unopened in their original packaging with documentation.
3. All non-product related fees (shipping, transaction and insurance) are not
refundable.
With regards to demo, second-hand, and refurbished stock, Muddle sells the product voetstoots (as is) but guarantees that the product is in working condition. As such, the buyer has 7 days to report any fault or issue which prevents the product from being used as intended, in order to claim a refund. The customer will either receive a similar product or a full refund of the purchase price – to be decided at Muddle’s discretion. Refunds will not be issued for minor cosmetic imperfections unless it hampers the functionality of the product.
In terms of special offers, should Muddle supply the wrong product or if
the product is in any way faulty, we will exchange it for the correct one.
However, if the product is no longer being offered at the special rate, it will
not be replaced, and Muddle will
refund the buyer's purchase price including delivery costs.
Certain items, where expressly
stated, are also covered by manufacturer’s warranty, usually for a minimum
period of 1 year from date of purchase. If the product becomes in any way
faulty during the warranty period, or DOA (dead on arrival), please contact Muddle to request a Returns
Authorization number (RMA), either by calling us, contacting us via email or
via the website contact form.
In terms of hardware, all warranties
are immediately null and void should any equipment be tampered with or should
the seals on equipment be broken by anyone other than the manufacturers’ representative
or should the goods be operated outside the Manufacturer's specifications.
Please confirm that the product is
compatible with your system and any existing hardware prior to purchase as Muddle
cannot accept hardware returns as a result of system incompatibility. System
requirements are usually available on the manufacturer’s website.
Price changes and stock levels
We usually keep very little stock of
items listed on our website at our offices, we order from stock that is held at
our distributors as and when required. We update pricing on the website every
day to ensure that our pricing matches that of our distributors. In some cases,
changes in stock levels and pricing can occur before we have time to update the
website. Therefore we usually recommend that you check stock levels and confirm
pricing with us before placing an order.
Should a product’s price change
during the time of your purchase and delivery, we will notify you and give you
the opportunity to either:
a) Cancel the order and we will
refund any monies paid, including delivery charges.
b) Purchase the product at the higher
rate.
All pricing is subject to the ROE
(rate of exchange) at our distributors.