Welcome to the SoundSelect the Shop Internet Website (“the site”). The site is owned and managed by SoundSelect the Shop in the Republic of South Africa
This agreement is a legal agreement between any person who registers and all users of the site and SoundSelect the Shop This contains the terms and conditions under which you may use the site and make any purchases. Your access, registration or use of the site constitute your unconditional and irrevocable acceptance of these terms and conditions to the exclusion of all others. If you do not agree to be bound by these terms and conditions you must not register.
Without limitation to the foregoing, when you choose the accept button, you agree to be bound by these terms and conditions including all special notices, the privacy and security policy and all other policy procedures and guidelines incorporated herein by reference.
The terms and conditions set forth herein may be changed by SoundSelect the Shop in the future. Any changes will be effective immediately upon being posted on this site.
Services offered and the main business conducted on the site includes the sale of electronic equipment and CDs. These services are only available to registered users. Registration procedures are set out below.
We may at any time change or add to the services provided on the site in our sole discretion
Before being entitled to use the site you are required to register by completing the registration section. By registering you warrant that you are lawfully entitled to enter contracts and that your correct real name, telephone, e-mail address, payment card details, and other requested information are provided. During the registration process you will be required to choose a user identity and password. Please ensure that these are kept private and confidential for your own security. Should you forget your password please contact us immediately
We will not be liable to you for any loss or damage arising from your failure to keep your password confidential or for any other unauthorised use in any manner
Your registration will be confirmed in our welcome letter, which will be e-mailed to you
You will be required to enter your user identity and password each time you visit the site.
The sale procedure
The items in our catalogue on the site will be available for purchase subject to the terms herein. Prices are in South African Rands in which currency all payments must be made.
Note: All items are strictly subject to availability.
Authenticity guarantees and limitation
It is a condition of this site that the sale of any item shall be subject to the following specific warranties being given by SoundSelect the Shop
That the description of the item for sale is substantially correct and
That such item is to the best of SoundSelect the Shop knowledge and belief an authentic item and not counterfeit
Save as set out herein all items on the site shall be sold on an “as is” basis only and neither SoundSelect the Shop, any agent or employee thereof has made any representations or given any warranties or undertakings, express or implied (whether in terms of this agreement or otherwise) to any person with respect to such item, including without limitation, its suitability, fitness for purpose, state and condition, quality, rarity, importance, historic relevance or significance or otherwise. No statement whether oral or writing shall be deemed to constitute a warranty or representation.
No representations or warranties of given entitle any purchaser to produce any items acquired on the site
No representations or warranties are given as to the rights of the seller or the buyer to export or import any item and each party purchaser shall be responsible for ensuring that all valid import and or export or other permits have been obtained, as well as any Exchange Control approval.
In particular users are required to note that whilst reasonable efforts are made to ensure the accuracy or description of the items listed on our catalogue, no warranty, express or implied is given by SoundSelect the Shop as to the authenticity, attribution, genuineness, origin, age, condition or quality of the goods. Any description of the goods which may be provided by us merely represents our opinion and is not be regarded as or taken to imply a statement or representation of fact.
A purchaser may effect payment for the goods in one of the following ways:
- Any MasterCard, Visa, American Express or Diners Club card
- Direct transfer
- Bank draft
We recommend the MyGate Credit Card transfer method, details of which can be obtained from your bankers
Our bank details are as follows:
Other methods can be made by prior arrangement.
To pay it by credit card you must supply your credit card number with each order, as your credit card number is not stored anywhere for security reasons.
By submitting your order and credit card details you warrant that you are authorised to make payment with the card and that there are sufficient funds available to pay the order.
Bank clearance and other charges where applicable will be added to the amount payable by the purchaser, as well as courier charges for delivery outside South Africa. Where these are only made after invoicing, you will pay the balance once this has been charged.
Any amounts due from SoundSelect the Shop to yourselves if applicable shall be paid by cheque or by direct electronic transfer to such account as is provided. Provided that payment is made according to your instructions we shall not be responsible if such payment is not actually received. In this event we shall endeavour (but not be obliged) to retrieve any payments erroneously transferred but will not have any further liability obligation for such payments if we are unable to retrieve or recoup same.
The purchaser shall be responsible for valid chargebacks to your credit card plus any amounts paid by us in accordance with such chargebacks due to fraud, dissatisfaction were otherwise. We shall be entitled to set off any chargebacks against any payments.
Once SoundSelect the Shop has received payment and same has been cleared where applicable, the items will be dispatched pre-insured by ship, courier or registered post within 5 business days, unless otherwise agreed in writing by the parties, and subject at all times to availability.
The purchaser shall be obliged to pay any costs of export and import including without limitation any state or custom duties or fees and any costs for permits and consents
Shipment costs for deliveries outside South Africa are set out below or will be pre agreed.
The good shall be delivered to the address provided by the purchaser in the registration process. If there are to be delivered to and address other then that stated in the registration the good shall be delivered to the alternative address at the purchaser’s risk
Any person who receives the goods at the address is conclusively presumed to be authorised to accept delivery on your behalf.
All risk in and to the good shall pass to the purchase upon conclusion of the sale.
SoundSelect the Shop willirds for delivery at the purchaser’s cost. SoundSelect the Shop does not make any representations or give any warranties in relation to the conditions of insurance and the purchaser takes delivery subject to such conditions and or exclusions or limitations contained or stipulated by the insurer in its policy.
All of our goods also carry a manufacturers’ warranty where applicable, which will run concurrently with any warranty in terms of the law.
Under no circumstances will we accept returned goods where the consumer has been afforded the opportunity to inspect the goods prior to the purchase or acceptance of a delivery, the goods have been damaged due to the customer’s negligence, the goods have been disassembled, permanently installed, physically altered, used or installed contrary to our or the manufacturer’s instructions and/or have been subjected to misuse or abuse.
Second hand goods are sold “as is” and no return of them is possible for any reason whatsoever.
Neither SoundSelect members agents and/or employees is responsible for any errors description all the authenticity of any purchase.
Ownership of the goods only pass to the purchaser on receipt of payment of the full purchase price
Limitation of liability
SoundSelect shall under no circumstances whatsoever, including as a result of its negligent (including grossly negligent) acts or omissions or those of its directors members employees agents or other persons for whom in law it may be liable (in whose favour this constitutes a stipulatio alteri), be liable for any direct indirect, incidental, special or consequential loss or damage of any kind whatsoever or howsoever caused (whether arising under contract, delict or otherwise and whether the loss was actually foreseen or reasonably foreseeable), sustained by the purchaser arising from the use of the site.
SoundSelect, it’s directors members employees agents representatives of affiliates and suppliers shall not be liable for any loss, damage (whether direct indirect or consequential) or expense of any nature whatsoever which may be suffered as a result of or which may be attributable directly or indirectly to the use of or reliance upon the site (including any information contained therein) or the Internet.
Notwithstanding any provision to the contrary contained in these terms and conditions and without limitation or prejudice to any other limitations or exclusions of liability, SoundSelect aggregate liability shall in no circumstances whatsoever exceed the purchase price, without interest, paid to the purchaser for the goods.
Limitation of liability
SoundSelect the Shop shall under no circumstances whatsoever, including as a result of its negligent (including grossly negligent) acts or omissions or those of its directors members employees agents or other persons for whom in law it may be liable (in whose favour this constitutes a stipulatio alteri), be liable for any direct indirect, incidental, special or consequential loss or damage of any kind whatsoever or howsoever caused (whether arising under contract, delict or otherwise and whether the loss was actually foreseen or reasonably foreseeable), sustained by the purchaser arising from the use of the site.
SoundSelect the Shop, it’s directors members employees agents representatives of affiliates and suppliers shall not be liable for any loss, damage (whether direct indirect or consequential) or expense of any nature whatsoever which may be suffered as a result of or which may be attributable directly or indirectly to the use of or reliance upon the site (including any information contained therein) or the Internet.
Notwithstanding any provision to the contrary contained in these terms and conditions and without limitation or prejudice to any other limitations or exclusions of liability, SoundSelect the Shop aggregate liability shall in no circumstances whatsoever exceed the purchase price, without interest, paid to the purchaser for the goods.
SoundSelect the Shop retains all copyright in all material, including logos and other graphics which form part of the site, save in respect of those trademarks, trade names and logos owned by others.
SoundSelect the Shop grants you permission to you electronically copy and print in hard copy portions of the sites, in order to use the site for your personal use only. Any other use of materials on the site, including a reproduction for purposes other than those out above, modification, distribution or reproduction without prior written consent of fortune records and the lawful trademark and all copyright owner (if applicable) is strictly prohibited and constitutes an unlawfully infringement of the intellectual property rights of SoundSelect the Shop and all such trademark and or copyright owner.
External hyperlinks may be provided on the site. You shall not interpret such hyperlinking as constituting any relationship between SoundSelect the Shop and any linked third party or any endorsement by SoundSelect the Shop of such third party and use of or reliance on any external links provided is at your own risk.
Advertising and other promotional material will appear on the site from time to time. You shall not interpret such advertising or promotional material as constituting any relationship between SoundSelect the Shop and any third party placing such advertising or promotional material on the site or any endorsement by SoundSelect the Shop of such third party and use of or alliance of on any such material is entirely at your own risk.
The content contained on the site may be used by you for your own personal, non-commercial use and information purposes only.
You expressly agree that use of the sites or the Internet is entirely at your own risk. The site and its contents are provided on an “as is” and “as available” basis only and SoundSelect the Shop makes no representations or warranties of any kind, express or implied, with respect to the site or its contents or with respect to any information, services and goods provided through or in connection with the site. SoundSelect the Shop disclaims all representations and warranties, including but not limited to warranties as to the availability, accuracy or content of information, products or services and the warranties of merchantability or fitness for a particular purpose or information, goods or services.
SoundSelect the Shop does not warrant that the functions provided the site by the site will be uninterrupted or error free, or that the site or the server that makes it available are free from violent viruses or other harmful components.
SoundSelect the Shop may vary the terms and conditions. Any such variation will become effective on the date upon which the offer is published on the site. Each time you access the site and in particularly before each auction, please check the terms and conditions. Should you use the site at any time after such changes, you shall be deemed to have accepted such amended terms and conditions.
SoundSelect the Shop reserves the right to suspend or terminate your use of the site for any reason with or without notice to you.
SoundSelect the Shop shall not be responsible for any breach of this agreement caused by circumstances beyond its control.
If any provisions (or part thereof) contained in the terms and conditions is invalid, illegal or unenforceable in any respect, the validity legality or enforceability of the remaining provisions (or part thereof) contained herein shall not in any way he affected or impaired thereby.
The terms and conditions shall be binding on and enforceable against the estate the executors administrators trustees liquidators or assigns of the parties as fully and effectively as if they had been party to these terms and conditions in the first instance and reference to any person shall be deemed to include such person’s estate his executors administrators trustees liquidators or assigns as the case may be.
This agreement constitutes the agreement between the parties relating to the subject matter hereof.
Your use of the site, the terms and conditions (including, without limitation the acceptance interpretation and applicability) and any matter relating or incidental thereto shall be governed by the laws of the republic of South Africa excluding any conflict of law principles that invoke the application of any for other foreign laws.
Cookie/tracking technology the site may use cookie and tracking technology depending on the features offered. These are useful for gathering it information such as browser type and operating systems and the numbers of visitors. This also assists in evaluating how the site is used and assists in customising same. Personal information will not be collected in this manner. However any personally identifiable information provided previously by yourselves may be tied to cookies. Aggregate cookie and tracking information will not be shared with third parties. However we may share information government agencies all other persons assisting in fraud prevention or investigation. Any information received by us in this regard will not be used for marketing purposes.