Terms & Conditions
TERMS AND CONDITIONS
Between AUCO General Traders CC t/a Tsele le Tsele (Tsele le Tsele); and you (the “user/customer”).
All words used in this Terms and Conditions including on our Website shall where not otherwise defined herein have their ordinary meaning.
“we”, “our” or “AUCO General Traders CC t/a Tsele le Tsele” means AUCO General Traders CC t/a Tsele le Tsele whichever one applies.
“Services” means the use of the Website and any services and/or Goods offered for sale on the Website including those services offered in conjunction with the sale of any Goods.
“Goods” means any Goods or products sold by AUCO General Traders CC t/a Tsele le Tsele.
“Website” means tseleletsele.co.za
“you” or “user” means any person who visits, accesses or uses the Website or buys any Goods and Services.
The singular shall include the plural and vice versa.
Reference to one gender shall include the other.
Reference to natural persons shall include bodies corporate and vice versa.
The clause headings in this Agreement have been inserted for convenience only and shall not affect its interpretation.
AUCO General Traders CC t/a Tsele le Tsele is an online reseller with the main focus on refurbished computers, notebooks, and latest in computer peripherals throughout South Africa. We pride ourselves in being a trustworthy leader in our field and innovation is what keeps us up front.
Please take some time to read through this document as it will help you understand how it apply to you. If there is any part of these Terms and Conditions that you do not understand, you must ask AUCO General Traders CC t/a Tsele le Tsele to explain it to you before you accept the Terms and Conditions or continue using our Services. It is IMPORTANT that you understand the following;
These Terms and Conditions are binding and enforceable against every person that uses our Services.
Please do not use our Services if you do not agree to the Terms and Conditions, if you continue to use our Services, this will constitute your acceptance of the Terms and Conditions contained herein.
Nothing in these Terms and Conditions is intended to  contravene any provision of the Consumer Protection Act OR  to unlawfully restrict, limit or avoid any right or obligation for the User or AUCO General Traders CC t/a Tsele le Tsele.
By using our Services, 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 our Services only with the supervision of your parent or legal guardian who hereby consents to be bound to these Terms and Conditions and to be liable and responsible for all obligations that would otherwise arise in respect to your use of our Services under these Terms and Conditions.
Access to the Services, content and downloads available on the Website may be classified as “electronic transactions” as defined in terms of the Electronic Communications and Transactions Act, Act No. 25 of 2002.
You, the Customer, hereby warrant that you will at all times comply with the requirements of all applicable Law(s) including (but not limited too) the National Credit Act and the Consumer Protection Act, as amended from time to time.
You agree to use our Services only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.
By ticking the “I confirm I have read, understood and accepted the Terms and Conditions applied to the use of AUCO General Traders CC t/a Tsele le Tsele Services” box a legally binding agreement between you and AUCO General Traders CC t/a Tsele le Tsele is formed.
If you do not tick the “I confirm I have read, understood and accepted the Terms and Conditions applied to the use of AUCO General Traders CC t/a Tsele le Tsele Services” box but continue to use the Services, then you will have agreed to these Terms and Conditions and a legally binding agreement between you and AUCO General Traders CC t/a Tsele le Tsele is formed.
AMENDED OR UPDATED TERMS
AUCO General Traders CC t/a Tsele le Tsele may, from time to time and at its sole discretion, amend or change these Terms and Conditions without notice. As such, you should check the Terms and Conditions periodically, and in particular each time you use our Services, visit our Website or purchase our Goods, as your continued use will mean you accept any amendment or revision at the time of use.
OWNERSHIP AND USE OF WEBSITE
AUCO General Traders CC t/a Tsele le Tsele owns the Website and (where applicable) all intellectual property therein. The User agrees that he will only use the Website and AUCO General Traders CC t/a Tsele le Tsele’s Services generally for the specific purposes for which it is created. The User warrants that in using the Services;
He shall not violate any laws or regulations of the Republic of South Africa and he shall not violate any of these Terms and Conditions.
He will not disrupt or interfere with any other user’s enjoyment of such Services.
Insofar as it pertains to the Services or any part thereof, he will not upload, post or otherwise transmit any viruses or other harmful, disruptive or destructive files.
He will not access or attempt to access any part of the Services which he is not authorized to access.
Insofar as it pertains to the Services or any part thereof, he will not disrupt or interfere with the security of, or otherwise cause harm to, any system resources, accounts, passwords, servers or networks connected to or accessible through such feature.
Insofar as it pertains to the Services or any part thereof, he shall not publish, post, upload, distribute or disseminate any defamatory material or information that might defame, embarrass, harm, abuse, threaten, insult or harass or otherwise cause harm to AUCO General Traders CC t/a Tsele le Tsele or any third party.
Insofar as it pertains to the Services or any part thereof, he shall not invade the privacy of any third party and shall not engage in any activities that are racially, ethically or otherwise objectionable.
By using the Services, you agree that in the event that you breach any of the warranties provided for herein, that your access to the Website and our Services generally, may be suspended or terminated without notice to you and without prejudice to any other right or claim that AUCO General Traders CC t/a Tsele le Tsele may have against you for such breach. You may suspend or terminate your use of our Services at any time without notice to AUCO General Traders CC t/a Tsele le Tsele.
AUCO General Traders CC t/a Tsele le Tsele makes no representations or warranties, whether express or implied, as to the quality, operation, integrity, accuracy, availability, functionality and the like of our Services. If any such representations or warranties are made by AUCO General Traders CC t/a Tsele le Tsele’s representatives, AUCO General Traders CC t/a Tsele le Tsele shall not be bound thereby.
When you use our Services, or send emails to us, you consent to receiving communications from us electronically and agree that all communications, notices, disclosures, announcements and the like sent by AUCO General Traders CC t/a Tsele le Tsele satisfy any legal requirements, including but not limited to the requirement that such communications should be “in writing”.
GOODS AND SERVICES
The Goods and Services offered on our Website are intended for residents of the Republic of South Africa and all transactions are subject to these Terms and Conditions. Customers who are not resident in South Africa are welcome to use the Website in accordance with these Terms and Conditions and to make online purchases provided that the delivery address is in South Africa.
FIT FOR PURPOSE: You must ensure that any Goods and Services you buy are fit for the purpose for which you want to use them. AUCO General Traders CC t/a Tsele le Tsele team members are available to discuss your needs and make recommendations but the onus shall be on the User to ensure that his purchase meets with his needs. In order to prevent harm to persons and property, the User must ensure that Goods are used in accordance with the manufacturer’s instructions. Where no such instructions for use are provided by AUCO General Traders CC t/a Tsele le Tsele, the onus shall be on the User to acquire such instructions before use. Most manufacturers of the Goods that AUCO General Traders CC t/a Tsele le Tsele sells will have user instructions available for electronic download or for viewing on their respective websites.
The Users attention is drawn to the possibility that our Website and the Goods and Services offered therein, could include technical, mechanical or other mistakes/defects from time to time. AUCO General Traders CC t/a Tsele le Tsele take reasonable steps to prevent such happening but occasionally we get things wrong.
If you are not satisfied with any Goods or Services that you have purchased by virtue of an apparent defect, you may under certain circumstances be entitled to either be refunded or have the Goods repaired or replaced, as the case may be. Please get in touch with us on firstname.lastname@example.org and our staff will be happy to assist in such matters. We would welcome any feedback that you might have in this regard.
In some instances some of our Goods are supplied with a limited warranty so be sure to check with the sales representative and on the quotation/ terms and conditions to verify whether a limited warranty is provided with the Goods you wish to purchase and in respect of what part of the Goods the limited warranty (if any) applies. Please do this before you make your purchase to satisfy yourself that you are getting what you want. Typically, our limited warranties will only apply to hardware and under some circumstances you might inadvertently void a warranty through your actions after delivery, so be sure to confirm with our team on how your rights in this regard will apply.
Despite the limited warranty associated with some of our Goods, the Website itself and all information provided therein, is provided “as is” and without any warranty, either express or implied, including, but not limited to, the implied warranties of fitness for a particular purpose, compatibility with the customers’ needs, non-infringement etc.
GOODS AND AVAILABILITY
AUCO General Traders CC t/a Tsele le Tsele doesn’t guarantee that all of our Goods and Services will be available all of the time, even when they are still advertised on our Website. Where something is no longer available, we will always try (but shall not be obliged) to offer you alternatives to what you ordered I.E. something of similar price and specification. You will not however be obliged to accept any alternative Goods that we offer to you. Where it comes to our attention that Goods or Services ordered by you are no longer available, we shall inform you as quickly as possible.
All purchase prices are quoted in South African Rand’s (ZAR) and while all reasonable efforts will be made to ensure that our advertised prices are correct, sometimes we do make mistakes, so we reserve our right to make any necessary corrections at any time without incurring any liability to you.
We may discontinue or change the specification and/or configuration of any of our Goods (including bundles of Goods) and Services at any time without notice. We may also suspend or modify our Website at any time without prior notice. By using our Services, you agree that AUCO General Traders CC t/a Tsele le Tsele shall not be liable to you in the event that we do suspend or modify our Website or discontinue or change the specification and/or configuration of any Goods and Services.
RISK AND OWNERSHIP
Risk in the Goods and/or Services shall pass to you or your authorized representative on delivery. We will retain ownership in the Goods until payment has been received in full.
AGREEMENT OF SALE
An agreement of sale will be deemed to have been concluded by the placing of an order (telephonic, e-mail or on our Website) to AUCO General Traders CC t/a Tsele le Tsele and by the receipt of the payment of the purchase price for the Goods into AUCO General Traders CC t/a Tsele le Tsele’s bank account with its details set out hereunder:
Account Name: AUCO General Traders
Branch Code: 470010
Account Number: 1633918198
Account Type: Savings
METHODS OF PAYMENT
CREDIT CARD PAYMENTS: AUCO General Traders CC t/a Tsele le Tsele accepts Credit Card payments which include Master Card and Visa payments via PayFast (security certificates and policy available at https://www.payfast.co.za ). At the time of placing the order, the transaction details are presented to the bank for authorisation immediately. If bank authorisation is not obtained, the order will be cancelled.
DIRECT BANK DEPOSIT AND EFT’s: You may pay through direct bank transfer or Electronic Funds Transfer (EFT) subject to the following conditions;  funds must reflect in AUCO General Traders t/a Tsele le Tsele’s bank account within 72 hrs of placing order otherwise the order will automatically be cancelled.  All transactions are conducted in South African Rand’s (ZAR).  All payment details, including your proforma invoice details/ quotation number, must be used in the reference section of the payment slip, failure to do so may delay processing or despatch of Goods.  Upon user receipt of payment confirmation, please email same to email@example.com.
Upon receipt of payment confirmation and receipt of funds in AUCO General Traders CC t/a Tsele le Tsele’s bank account, the order will be processed at which time the estimated timeframe for deliver shall commence. By transacting with AUCO General Traders CC t/a Tsele le Tsele and processing payment, you warrant to us that you have legal capacity and are properly authorised to make such transaction and that you are not in breach of any applicable Act or Regulation promulgated thereunder including (but not limited too) the Consumer Protection Act and National Credit Act. You indemnify AUCO General Traders CC t/a Tsele le Tsele, its members, owners and employees from any claim and/or liability from any third party arising out of your instructions and/or use of our Services.
THIRD-PARTY ADVERTISING AND HYPERLINKS
Third-party hyperlinks and advertising may appear on our Website from time to time or may even be a permanent feature. These do not infer or constitute a relationship between AUCO General Traders CC t/a Tsele le Tsele and any linked third-party. Our publication of third-party links and advertisements is not an endorsement of the third-party, their views, goods or services and Users are advised that any reliance on and interaction with such third-parties shall be solely at the risk of the User. AUCO General Traders CC t/a Tsele le Tsele’s Terms and Conditions do not apply to third-party websites, goods and services and AUCO General Traders CC t/a Tsele le Tsele shall not be responsible for any interactions between the User and such third-parties.
LIMITATION OF LIABILITY
AUCO General Traders CC t/a Tsele le Tsele provides its Goods and Services with the following limitations on its liability to the maximum extent permitted by law for any loss, claim or damage, including associated costs, made by any third-party due to or arising out of  your use of the Website, purchase of Goods and our Services,  your violation of these Terms and Conditions,  the User failing to provide accurate information (including information regarding your needs) or  your violation of any law, rule or regulation or the rights of any other person or entity. By using this Website, you hereby indemnify AUCO General Traders CC t/a Tsele le Tsele against any loss, claim or damage, including associated costs, which may be suffered by yourself or any third party arising in any way from your use of our Services.
The User agrees that AUCO General Traders CC t/a Tsele le Tsele shall not be liable for incorrect pricing advertised on the Website or details conveyed by any member of our team whether by phone call, email correspondence or any other medium. We shall also not be liable for inaccuracies published on the Website or conveyed to you from time to time through any media platform that we use. This limitation of liability shall apply except in the event of wilful misrepresentation or misconduct and gross negligence of our employees and authorised representatives. Please do let us know if you feel that we are not meeting the high expectations that we have placed on ourselves by reporting your concerns to us on firstname.lastname@example.org
The User agrees that the use of our Website is entirely at his own risk and that he is fully responsible for any loss, claim or damage, including associated costs, resultant therefrom including any risk of loss or damage associated with the inadvertent transmission of any viruses, spyware, malware, trojans, destructive materials or any other data or code and the like. AUCO General Traders CC t/a Tsele le Tsele make no warranty or representation, whether express or implied, that the information or files available on the Website are free of such harmful viruses, spyware, malware, trojans, destructive materials or any other data or code and the like.
Views, statements and opinions expressed on our Website or any publication we make are not necessarily the views of AUCO General Traders CC t/a Tsele le Tsele or any of its officers, agents, employees or owners.
COPYRIGHT AND INTELLECTUAL PROPERTY
All the data and rights, including but not limited to, copyright, trade-marks, logos, software, databases, text, graphics, icons, hyperlinks (other than third party hyperlinks), private information, designs, agreements and other intellectual property on this Website are the property of AUCO General Traders CC t/a Tsele le Tsele and as such are protected from infringement by local and international legislation and treaties. You are permitted to view, print or store electronically a copy of any information on our Website, including these Terms and Conditions, solely for your personal, lawful, non-commercial use. Unauthorised use, modification and/or distribution is strictly prohibited and constitutes an unlawful infringement of our intellectual property rights.
TRANSFER OF RIGHTS
You may not without the written consent of AUCO General Traders CC t/a Tsele le Tsele be entitled to cede, delegate, assign or transfer all or any part of your rights or obligations under this Agreement. You hereby authorize AUCO General Traders CC t/a Tsele le Tsele and agree that we may cede at any time any part or all of our rights under this Agreement or transfer any part or all of our rights or obligations (whether by way of delegation or assignment) under this Agreement to any third party. You further agree that it shall not be necessary for us to provide prior notification to you in the event of any such cession or transfer.
WHAT TYPE OF INFORMATION DO WE COLLECT:  Personal information that you will provide during payment E.G. your name and surname, ID number (or passport number), date of birth, gender, email address, credit/debit card details, contact numbers, specification needs or preferences and any other personal information you provide voluntarily to us directly  Internet usage information E.G. browsing habits, searches, click patterns, IP address, unique ID, pages visited, pathway taken during your search activity, time spent on our Website, what images and content you view/ download and any other relevant Internet usage information.  Details submitted by you or acquired by AUCO General Traders CC t/a Tsele le Tsele in relation to your response to any promotions, reviews, surveys, fault reports submitted and the like.
WHY DO WE COLLECT INFORMATION: The information that we gather is used primarily for the following purposes;  Website security,  to verify your identity,  to speed up any subsequent visits through the use of auto insert functions,  to understand how users interact with our Website and what preferences and needs they might have so that we can improve our Services and the uses Website experience,  to personalise (by way of greeting you by name) any subsequent visits you make to the Website,  to inform you of facts/ promotions and the like that may be of interest to you based on your prior search interest and  to acquire statistical data on total numbers of Website visits/ page views etc.
OUR COMMITMENTS: AUCO General Traders CC t/a Tsele le Tsele will not share your personal information without your written consent except where compelled to do so through due legal process. AUCO General Traders CC t/a Tsele le Tsele may compile and share non-personal, anonymous and statistical data and information (which we shall own) with 3rd parties. AUCO General Traders CC t/a Tsele le Tsele will take all reasonable steps when collecting, processing, storing and (where required to do so) sharing your personal information in accordance with the requirements of the Protection of Personal Information Act 2013 (PoPI Act). We will not knowingly collect information relating to vulnerable Users or children.
GENERAL CONTACT INFORMATION
For the purposes of the Electronic Communications and Transactions Act, AUCO General Traders CC t/a Tsele le Tsele’s information is as follows;
Company Name: AUCO General Traders CC t/a Tsele le Tsele a Close Corporation registered in South Africa with registration number 2010/130890/23
The Business of the Company: Online retailer of ICT Goods and Services
Contact email address: email@example.com
Contact number: +2767 648 9832