Terms & Conditions
It is important that you read these terms and conditions of use carefully before using this site. By clicking on the "I accept" option you agree to be bound by the terms and conditions of use as set out herein.
This Landmark Computers site is offered to you on condition that you accept without modification the terms, conditions and notices contained herein.
Due to the nature of a website, please remember to always read the Terms and Conditions before entering into a transaction with Landmark Computers as it is possible that the terms may have been amended or revised since your last visit to the web site.
These terms and conditions apply to all users whether the registration process has been completed or not.
This agreement will commence when the user first accept these terms and conditions and will continue indefinitely until terminated by Landmark Computers.
The information, services and opportunity to purchase Landmark Computers products via this Website (the "Services") is offered to you by Landmark Computers subject to these Terms and Conditions of Use, which you have been deemed to have accepted and agreed to by you accessing this Website or using any of these Services. Access to the Services is granted to you on the terms and conditions as set out in this agreement.
You are authorised to view and download our website for your personal use only.
This site may be used to browse and make legitimate purchases. This website may not be used for any other purpose.
You must ensure that all your details provided are correct. In the event of any of your details changing since registration it is your responsibility to inform us accordingly immediately.
The use of this Website and Services are at your own discretion and risk.
Landmark Computers will endeavour to make and keep the Services available to the User at all times. The Customer further agrees that Landmark Computers, its officers, owners and employees, service providers, successors or assigns (hereinafter collectively referred to as Landmark Computers) will not be liable for any harm/damage caused by or arising from the use of its services (or the unavailability or interruption thereof) due to circumstances and/or reasons beyond its reasonable control. This will include loss or damage caused as a result of fire or theft, or any economical lost pertaining to the harm/damage caused.
Landmark Computers has the right to modify or withdraw this website, or any part thereof, without notice to you.
The user agrees that this website has been supplied on an "as is" basis and that it has not been compiled to meet the specific needs and or requirements of any individual user.
It is the responsibility of the user to ensure that any order meets with the users personal requirements and that it will be compatible with the users hardware and/or software.
Any damage, loss or liability arising from the use or inability to use any product purchased / ordered from this website will not be the responsibility of Landmark Computers or any of its agents or representatives.
We do not warrant that your access to and use of the Website and our Services will be error free.
If the use of this Website or any of our Services result in you needing to service or replace any equipment or data it will not be at our risk or expense.
3.CONTENTS OF THE WEBSITE
There is a risk that some of the information contained on the Website may contain errors. Landmark Computers will not be bound by prices or information displayed that contains an inadvertent and/or obvious errors, but in such instance, Landmark Computers undertake to immediately correct such error and to take reasonable steps to inform all customers of such error.
Landmark Computers undertakes to amend its website which may involve the removal, amendment or stating that a certain product or range has been discontinued in order to keep the customer informed of any changes to the products and services offered. Therefore please do not assume that information printed in the past remains unchanged until verified with the information displayed on the current website.
We may use our Website and Services to run advertisements promoting products and services we offer
4.COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
The contents, trademark and data on this Website are the property of or licensed to Landmark Computers and are therefore protected from infringement by local and international legislation and treaties. These include, but are not limited to software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements.
The use, download, print and view of this website is solely for your personal and non-commercial use.
Landmark Computers own or are licensed to use all copyrights, patents, trade marks, trade secrets (all intellectual property rights) used on or in connection with this Website and our Services. Landmark Computers is the lawful user thereof.
You are not allowed to copy, reproduce, change, publish, rent, license, store, sell or distribute any of these intellectual property rights in any way. Nothing contained on the Website must be construed as giving permission, granting any license or right to use any of the intellectual property rights.
External links on this Website are beyond our control and Landmark Computers does not make any representation as to their contents. The use of any external link is at your own risk.
Landmark Computers do not necessarily agree with, edit or sponsor the content of such Websites or pages. These links are provided "as is" and if the user chooses to use same they indemnify Landmark Computers against any loss, damage or offence caused or alleged to be caused by the use of or reliance on the contents, goods or services available on such sites or pages.
Children under the age of 18 years may only use this Website under the supervision of a parent or guardian who agrees to these terms and conditions of use, as well as the minor’s use of this Website and Services. If you represent that you are a major (18 years or older) you will be bound by any legal obligation that you incurred as a result of the use of this Website and / or our Services. By placing an order you are stating that you are at least 18 years or older.
7.1 You hereby agree that Landmark Computers can verify your identity. No order will be processed until the identity of the person placing such an order has been verified.
7.2 You agree to provide true, accurate and complete information about yourself and to keep this information updated.
7.3 Landmark Computers is fully entitled to establish the authenticity of any internet transmitted communication purporting to emanate from you. You acknowledge that all forms of communications transmitted by you or on your behalf via the internet to Landmark Computers will be deemed to have been received in the form in which Landmark Computers received it, notwithstanding that the form in which it was transmitted may have been different. You will be bound by such details received by Landmark Computers with no liability on the part of Landmark Computers.
7.4 You indemnify Landmark Computers against any claims, liabilities, losses, costs, fines, damages or expenses incurred by you resulting from Landmark Computers acting on your instructions or instructions which purported to emanate from you.
7.5 You waive any rights or claims which you may have against Landmark Computers resulting from Landmark Computers acting on your instructions or instructions which purported to emanate from you
The operation of this Website may be suspended at the sole discretion of Landmark Computers. Landmark Computers does not warrant the availability of this Website. Landmark Computers may discontinue certain or all of the Services on the Website at its discretion without prior notice to you. Landmark Computers will not be liable to you or any third party for any loss or damages suffered due to the suspension or unavailability of the Website or any of our Services.
9.1 You warrant the correctness of all information and instruction given by you to Landmark Computers.
9.2 Landmark Computers does not make any statement, representation or give any warranty or guarantee with regard to the Website, any of our Services (or the services of any third party on which we rely when contracting with you) or in respect of the availability of any communications network or system of any third party on which we and you are reliant in us providing any of the Services to you.
9.3 Warranty: The Supplier shall within (minimum six months) after delivery of new goods, repair or replace failed, unsafe or defective goods or refund the customer the price paid by the customer at the election of the customer. The aforesaid warranty is subject thereto that:
1) the goods supplied by the Supplier have not been altered (including the opening and/or inspection of electrical parts or any parts of an engine) contrary to any instruction of the company after leaving the company control;
2) has not been exposed to abuse or exposed to any use other than what the product was manufactured for;
3) the customer has followed the instructions (usage and warning instructions) as provided by the supplier; and
4) the goods have been inspected by the manufacturer in order to evaluate/determine the reason of the products malfunction (before the customer will be entitled to its replacement, repair or refund).
Any claim for defective goods must be submitted to the company in writing. The Supplier will not be liable in terms of this warranty under circumstances where it is unreasonable to expect of the Supplier to have discovered the unsafe product characteristic, failure, defect or hazard, having regard to its role in the marketing of the goods to the consumer and/ or if such unsafe product characteristic, failure, defect or hazard did not exist in the goods at the time that it was supplied by them. No goods may be sent back without authorisation.
10.USE OF WEBSITE
10.1 You are responsible for anything you transmit or receive via our Website.
10.2 You are not allowed to use our Website or any of our Services for any reason or purpose that is unlawful, defamatory or harmful, and in particular which in our opinion may harm our business or offend our users.
10.3 You are not permitted to transmit to us or post on our Website any material containing software viruses or files which may disrupt or damage any computer or telecommunications equipment.
10.4 You are not permitted to do anything which might disrupt the operation of our Website and Services or which may disrupt the use and enjoyment of our Website and Services by other users.
10.5 You are responsible for the use of your account with us by whomsoever, including minors.
10.6 The user is truthful in the information disclosed to Landmark Computers on the Website or otherwise and agrees to what he or she is ordering via this Website and agrees to pay for it.
10.7 The user agrees to use the site as per the instructions.
10.8 The password and account details of the user is the user’s responsibility and the user undertakes not to disclose it to any third party.
10.9 The user agrees to any purchase policy associated with the item purchased and which might be subscribed by either Landmark Computer or the manufacturer. This include, but is not limited to, warranty and guarantees, shipping and returns.
11.SUBMISSIONS BY YOU TO LANDMARK COMPUTERS CC
In the event of you transmitting to us any material, idea, concept or product you grant us the non-exclusive, world wide, perpetual, royalty free licence under your copyright and other intellectual property rights to use or display or distribute such material in any way that we may deem fit without any duty on us to account to you.
Landmark Computers will not in any way be responsible for your submissions or responses to Landmark Computers.
12. LANDMARK COMPUTERS CC STATEMENT OF PRIVACY
See our statement of privacy by clicking the Privacy Notice link.
13. TERMS APPLYING WHEN PURCHASING LANDMARK COMPUTERS CC PRODUCTS VIA THIS WEBSITE
13.1 When ordering any product offered by us on our Website you are bound by our Terms and Conditions of Use. In addition to our general terms and conditions of use the terms and conditions as contained in this paragraph 13 will also be binding on you when placing an order.
13.2 If you do not agree with any of these terms and conditions of use and do not wish to be bound by them do not place any order via our Website.
13.3 The product or products that you order are those you have chosen by clicking on the "Add to Basket" link, which products will then be listed in the Shopping Basket (the "Items").
13.4 An agreement of sale between Landmark Computers and the user will only come into effect once one of the following method of payment has been received for the correct amount of your purchase / order:
- Landmark Computers bank statement reflects an electronic funds transfer from or on behalf of the specific user;
- A cleared direct deposit by or on behalf of the user is reflected on the Landmark Computers bank account.
13.5 Notwithstanding the above Landmark Computer has the right to refuse to accept any payment received after seven days from placement of the order and in such an event no agreement of sale will have been concluded.
13.6 In the event that payment was not received within twenty business days after a demand was sent via e-mail, Landmark Computer reserves the right to cancel such an agreement and to refund the customer for any monies already paid.
13.7 The price of each product is displayed with the product.
13.8 Landmark Computers shall endeavour to provide the correct price with each item sold. In the event of errors occurring Landmark Computers will not be obliged to sell the product at the incorrect price if the displayed price contains an inadvertent or obvious error. Landmark Computers undertakes to take reasonable steps to amend the website in order to inform all customers of such error as soon as possible. If after being informed of the correct price, the customer refuses to pay the amended price, Landmark Computers undertakes to refund the customer the monies already paid.
13.9 The purchase price for the Items you have ordered will be displayed under the heading "TOTAL" in the Shopping Basket. All prices are in South African Rand.
13.10 Landmark Computers and the user will be deemed to have agreed to the price once the order has been updated to the "Shipped" status.
13.11 Unless we state a specific limitation, we will attempt to have sufficient advertised stock available 9with us or our supplier). If we run out of stock, we will attempt to obtain stock or we will offer you a reasonable alternative as soon as possible. We will inform our clients of any delay due to circumstances beyond our reasonable control.
13.12 Value Added Tax of 14% is included in the displayed price.
13.13 The purchase price can be paid by direct deposit or electronic bank transfer.
13.14 All Items purchased by you will be delivered to the destination you have specified as Recipient Details, provided such destination is within the Republic of South Africa, by a shipping or delivery agent, which Landmark Computers have contracted with.
13.15 Landmark Computers have agreements with shipping and delivery agents. Risk of loss in respect of all items purchased through this Website will pass from Landmark Computers to the Customer as soon as the goods are placed on the delivery vehicle. The client must arrange insurance in this regard. We will communicate unavoidable delay in the delivery.
13.16 Landmark Computers do not give refunds if you simply change your mind or make the wrong decision, but where goods are defective within the warranty period (6 months) or within 10 business days the items were wrongly described, different from the sample shown to you or does not perform, the customer can choose between a refund, exchange or repair, subject thereto that the item must first be tested by our supplier. If the product has been amended, opened or worked on by another technician, we will not accept a return of the product, unless defective. A handling fee of up to 10% may be charged if the return is accepted by management.
13.17 In the event of you requiring a product that is not listed on our website kindly contact Landmark Computers for us to consider your needs and assist you as far as possible.
13.18 By accepting these terms and conditions of use you authorise Landmark Computers to perform any credit-worthiness check on you.
13.19 The Customer further indemnifies Landmark Computers, its officers, owners and employees, service providers, successors or assigns (hereinafter collectively referred to as Landmark Computers) against any harm/damage caused by or arising from the use of its products and/or services (or the unavailability or interruption thereof) due to circumstances and/or reasons beyond its reasonable control. This will include loss or damage caused as a result of fire or theft, or any economical lost pertaining to the harm/damage caused
13.20 In the event of action being instituted against Landmark Computers due to a user’s actions with regard to any aspect of the Website and or item purchased, both parties agree that the legal costs associated with such proceedings will be based on an attorney client scale.
13.21 In the event of the user breaching any of the terms or conditions of this agreement and Landmark Computers institutes legal proceedings against the user, both parties undertake to abide by the costs as awarded by the Magistrate or Judge on an attorney client scale basis.
13.22 You represent that you have the necessary authority to enter into a contract with us and to accept these terms and conditions of use when submitting your details to us via our Website, or details that you purport to be yours.
13.23 If you are under the age of 18 we draw your attention to clause 6 above ("Children"). Please read it carefully since you will be bound by any legal obligations arising from your use of this Website or any of our Services.
15.1 Except as expressly provided to the contrary herein, each paragraph, clause, term and provision of these Terms and Conditions of Use and any portion thereof shall be considered severable and if, for any reason any such provision of these Terms and Conditions of Use is held to be invalid, contrary to or in conflict with any applicable present or future law or regulation in a final, unappealable ruling issued by any court in a proceeding to which Landmark Computers is a party, that ruling shall not impair the operation of, or have any other effect upon such other portions of these Terms and Conditions of Use as may remain otherwise intelligible, which shall continue to be given full force and effect and bind the parties hereto, although any portion held to be invalid shall be deemed not to be part of these Terms and Conditions of Use from the date the time for appeal expires.
15.2 Whenever a personal pronoun is used herein, it is understood that such usage shall include both singular and plural, masculine and feminine and neuter and refer in appropriate cases to juristic persons as well as natural persons.
15.3 These Terms and Conditions of Use constitutes the entire agreement between the parties who acknowledges that there are no other oral or written understandings or agreements between them relating to the subject matter of this agreement. No amendment, cancellation or other modification of these Terms and Conditions of Use shall be valid or binding on a party hereto unless reduced to writing and executed by both parties hereto.
15.4 Any waiver of any rights in terms of these Terms and Conditions of Use by any party must be in writing to be effective.
15.5 For the purpose of any action against the user, a Certificate by a certificate by an independent auditor as to the amount owing by the user to Landmark Computers and of the fact that the due date for payment of the same has arrived shall be sufficient and satisfactory proof of the facts therein stated until the contrary shall have been proved.
15.6 The user hereby renounce the benefits of the legal exceptions there is no reason for the debt/obligation, there is an error in the calculation of the outstanding amount, the benefit of order or exclusion. Defence raised by a surety when sued by the creditor that that the principle debtor be claimed from first, the benefit of order or exclusion. Defence raised by a surety when sued by the creditor that that the principle debtor be claimed from first, defence that two or more mortgagors are jointly and severally liable for the debt, " no value received" and "revision of accounts" with the meaning and effect of all of which I declare myself to be fully acquainted.
15.7 You may not cede, assign, transfer or delegate any of your rights or obligations in terms of these Terms and Conditions of Use without the prior written consent of Landmark Computers.
15.8 You, the user, hereby agrees to the jurisdiction of the Magistrate’s Court having territorial jurisdiction with regard to any dispute or proceeding arising, in connection with or related to these Terms and Conditions of Use or any of our Services. Landmark Computers, however, reserves the right to institute action or proceedings in any other competent court.
This Agreement, including any of Landmark Computers cc’s rights and obligations in terms of this agreement, is fully transferable by Landmark Computers and shall inure to the benefit of any transferee or other legal successor nominated by the Landmark Computers in writing.
This website is governed by the Laws of the Republic of South Africa since this site is hosted, controlled and operate within he Republic of South Africa.
17.ADDRESS FOR LEGAL INFORMATION
Landmark Computers chooses its address for the purpose of serving legal documentation where it will receive any document, notice or court process. The user chooses his address for the purpose of serving legal documentation as stipulated in Recipient Details.
The user agrees that in the event of the user visiting this website or correspond with Landmark Computers via e-mail that user consents to receiving communications from Landmark Computers electronically. The user agrees that all agreements, notices, disclosures or any other means of electronic communication between the user and Landmark Computers satisfies all legal requirements, including but not limited to the requirement that such communications should be in writing.