Conditions of Use

1. COPYRIGHT

1.1 Copyright 1999-2018 © SKYSUN PTY LTD ( www.skysun.co.za ) PO Box 30566 Tokai 7945 . Agencies in  JHB and cape town

 

Agents

All rights not expressly granted are reserved. To obtain permissions for the commercial use of any content on this site

contact The General Manager at; +27 21 701 1819 or e-mail us.

1.2 Users may download, view and print content from this site for private and non-commercial purposes only.

1.3 All moral rights of Skysun Pty Ltd( www.skysun.co.za ) and its employees/agents are reserved.

1.4 Skysun Pty Ltd( www.skysun.co.za ) cannot screen or edit all the content available from the Skysun Pty Ltd( www.skysun.co.za ) site and does not accept any liability for illegal, defamatory or obscene content. Users are encouraged to inform Skysun Pty Ltd( www.skysun.co.za ) of any content that may be offensive or illegal.

 

2. INTELLECTUAL PROPERTY RIGHTS

2.1 All the content, trademarks and data on this web site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to Skysun Pty Ltd( www.skysun.co.za ) and as such are protected from infringement by local and international legislation and treaties.

 

3. ELECTRONIC COMMUNICATIONS

3.1 When a user visits Skysun Pty Ltd( www.skysun.co.za ) or sends e-mails to Skysun Pty Ltd( www.skysun.co.za ), that user consents to receiving communications from Skysun Pty Ltd( www.skysun.co.za ) electronically and agrees that all agreements, notices, disclosures and other communications sent by Skysun Pty Ltd( www.skysun.co.za ) satisfies any legal requirements, including but not limited, to the requirement that such communications should be "in writing".

 

4. HYPERLINKS

4.1 No person, business or web site may link to any page on this site without the prior written permission of Skysun Pty Ltd( www.skysun.co.za ). Such permission could be obtained from the person referred to in clause 1 hereof. This clause does not apply to parties that have entered into e-trader agreements with Skysun Pty Ltd( www.skysun.co.za ).

4.2 Hyperlinks provided on this site to non-Skysun Pty Ltd( www.skysun.co.za ) sites, including but not limited to M-Web, are provided as is and Skysun Pty Ltd( www.skysun.co.za ) does not necessarily agree with, edit or sponsor the content on such web pages.

 

5. FRAMING

5.1 No person, business or web site may frame this site or any of the pages on this site in any way whatsoever.

 

6. SPIDERS AND CRAWLERS

6.1 No person, business or web site may use any technology to search and gain any information from this site without the prior written permission of Skysun Pty Ltd( www.skysun.co.za ). Such permission could be obtained from the person referred to in clause 1 hereof.

 

7. DISCLAIMER

7.1 Apart from the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, neither Skysun Pty Ltd( www.skysun.co.za ) nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this web site or the services or content provided from and through this web site. Furthermore, Skysun Pty Ltd( www.skysun.co.za ) makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this web site are free from errors or omissions or that the service will be 100% uninterrupted and error free. Users are encouraged to report any possible malfunctions and errors to the person referred to in clause 1.

7.2 This web site is supplied on an "as is" basis and has not been compiled or supplied to meet the user's individual requirements. It is the sole responsibility of the user to satisfy itself prior to entering into this agreement with Skysun Pty Ltd( www.skysun.co.za ) that the service available from and through this web site will meet the user's individual requirements and be compatible with the user's hardware and/or software.

7.3 Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of Skysun Pty Ltd( www.skysun.co.za ) and users are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this site.

7.4 Neither Skysun Pty Ltd( www.skysun.co.za ) nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use any product sold on this web site.

 

8. COSTS

 

DELIVERY FEES

* please see the shipping and returns link to the right for current rates and policies

 

9. DELIVERIES

 

9.1 Inside the borders of South Africa

9.1.1 All items of the Skysun Pty Ltd( www.skysun.co.za ) site have an indication of the delivery time:

usually two to three working days to MAIN CENTRES see main centre list here .And three to five working days ot outlying areas

 

9.3 Delays and cancellations

9.3.1 Skysun Pty Ltd( www.skysun.co.za ) makes every effort to assure that the information supplied on the site is accurate. Where delays and out of stock situations occur, every effort will be made to inform the buyer.

 

10. PAYMENT METHODS

 

10.1 Credit card payments.

10.1.1 At the time of placing the order, the transaction details are presented to the bank and an authorization is obtained for the amount of the order.

10.1.2 Payment is only collected when the order is completed and the goods shipped.

10.1.3 Note that to protect it's own and the interests of customers, Skysun Pty Ltd( www.skysun.co.za ) scrutinizes all transactions very carefully to prevent attempted fraud and a transaction may be refused if Skysun Pty Ltd( www.skysun.co.za ) is not satisfied with it's legitimacy.

10.1.4 Credit cards are  accepted from banks outside the borders of South Africa  only for software downloads. For Instruments purchased by credit cards from Banks outside of South Africa or other purchases we may require further details  wish for at our discretion, such as ID Employment address, Employment phone no and physical address, length of time in employment, a signed copy of both sides of the card, physical address of the bank or further details

10.1.4 Skysun Pty Ltd( www.skysun.co.za ) retains the right to reject any transactions  and not pass any debit or make any delivery if not satisfied of the legitimacy of a transaction for any reason

 

 

10.2 Bank deposit payments.

10.2.1 If the buyer selects the 'pay via bank deposit' button, instructions will be given on how to deposit monies into the Skysun Pty Ltd( www.skysun.co.za ) bank account and would it be subject to the following rules:

10.2.1.1 the exact amount must be paid

10.2.1.2 the payment must be identified by supplying the order number and surname in the reference section of the deposit slip or on the electronic transfer.

10.2.1.3 no transfers must be made from ATM's

10.2.1.4 cheque deposits are not accpeted

10.2.1.5 Credit cards are  accepted from banks outside the borders of South Africa  only for software downloads. For Instruments purchased by credit cards from Banks outside of South Africa or other purchases we may require further details  wish for at our discretion, such as ID Employment address, Employment phone no and physical address, length of time in employment.

10.2.1.6 bank deposits are NOT accepted from outside the borders of South Africa except in certain cases. You will need to contact us first before submitting them and will be asked for any details we wish for at our discretion.

 

11. AGREEMENTS OF SALE

 

11.1 Placing an item in a shopping basket or adding it to a wishlist without completing the purchase

cycle does not:

11.1.1 constitute an agreement of sale between Skysun Pty Ltd( www.skysun.co.za ) and users cannot hold Skysun Pty Ltd( www.skysun.co.za ) liable if such items are not available when the purchase cycle is completed later; and/or

11.1.2 constitute an order for such an item; and

11.1.3 Skysun Pty Ltd( www.skysun.co.za ) may remove such an item from the shopping basket or wishlist if no stock is available.

 

11.2 An agreement of sale between Skysun Pty Ltd( www.skysun.co.za ) and a user only comes into effect if and when:

11.2.1 a credit card authorisation is received from the issuing bank; or

11.2.2 a deposit of an electronic transfer is reflected on Skysun Pty Ltd( www.skysun.co.za )'s bank statement (and only if such payment is received within 5 (five) business days after completion of the purchase cycle); or

11.2.3 a direct deposit is reflected on Skysun Pty Ltd( www.skysun.co.za )'s bank statement (and only if such payment is received within 5 (five) business days after completion of the purchase cycle.

 

11.3 Skysun Pty Ltd( www.skysun.co.za ) reserves the right to refuse to accept and/or execute an order without giving any reasons. Skysun Pty Ltd( www.skysun.co.za ) also reserves the right to cancel orders in whole or in part as circumstances dictate. Skysun Pty Ltd( www.skysun.co.za ) shall only be liable to refund monies already paid by the user.

 

11.4 Skysun Pty Ltd( www.skysun.co.za ) shall take all reasonable efforts to maintain correct prices. However, should errors occur and items are offered at incorrect prices, Skysun Pty Ltd( www.skysun.co.za ) will not be obliged to sell goods at such incorrect prices and shall only be liable to refund monies paid.

 

11.5 Consumers can view or print a full record of the transaction that is maintained for a period of twelve months on the Skysun Pty Ltd( www.skysun.co.za ) website.

 

12. STOCK AVAILABILITY

12.1 Stocks of all goods on offer are limited. Skysun Pty Ltd( www.skysun.co.za ) shall not draw monies from your account until stock has benn confirmed and booked on your behalf from the supplier. This is not standard terms of service in the online sales industry but we prefer you undergo no risk at all in using our shopping basket checkout poricess

 

14. SPECIAL OFFERS

14.1 Skysun Pty Ltd( www.skysun.co.za ) shall not be liable for the sale of items at lower prices if such prices were increased and users and/or purchasers could not, for any reason whatsoever, conclude an agreement of sale while such prices remained low.

14.2 If Skysun Pty Ltd( www.skysun.co.za ) supplies the wrong product or if the product is in any way faulty or damaged, Skysun Pty Ltd( www.skysun.co.za ) will exchange it for the correct one. However, if the product is no longer being offered at the special price, it will not be replaced and Skysun Pty Ltd( www.skysun.co.za ) will refund the purchase price including delivery costs.

 

15. VOUCHERS

15.1 Vouchers cannot be exchanged for cash and is not transferable or assignable.

15.2 Vouchers must be redeemed at www.Skysun Pty Ltd( www.skysun.co.za ) towards the purchase of products listed in the online Skysun Pty Ltd( www.skysun.co.za ) catalogue.

15.3 Vouchers cannot be redeemed at any affiliate websites.

15.4 Vouchers can be used with on-site promotional offers with the exception of Free Delivery which is calculated on the total basket value after promotional vouchers and special discounts have been deducted.

15.5 Only one voucher can be used per transaction.

15.6 Vouchers cannot be redeemed with orders already placed with Skysun Pty Ltd( www.skysun.co.za ).

15.7 Promotional vouchers are issued at Skysun Pty Ltd( www.skysun.co.za )'s own discretion.

15.8 Customers do not have a right to promotional vouchers and vouchers cannot be earned.

15.9 Vouchers can only be redeemed while they are valid and expiry dates cannot be extended. Promotional vouchers and their expiry dates are listed under 'MY ORDERS' on the site.

15.10 Vouchers cannot be redeemed on magazine subscriptions, Post Office renewals or to purchase other Gift Vouchers.

15.11 Electronic vouchers cannot be purchased together with other goods. If an electronic voucher is placed in the basket with other goods, the system will split the contents into two orders. Payment for the electronic gift voucher will be obtained from the bank immediately.

 

16. GUARANTEE

 

.

16.1.1 If Skysun Pty Ltd( www.skysun.co.za ) supply the wrong product or if the product is in any way damaged or faulty as a result of a manufacturing

defect, Skysun Pty Ltd( www.skysun.co.za ) must be notified within 14 days of invoice. Skysun Pty Ltd( www.skysun.co.za ) will exchange it for the correct one upon receipt of

the returned product. Skysun Pty Ltd( www.skysun.co.za ) will make a reasonable effort to exchange the product, but if replacement is not

possible, Skysun Pty Ltd( www.skysun.co.za ) will refund the purchase price including delivery cost upon receipt of the returned product.

Please note: goods are not guaranteed against faults resulting from normal wear and tear.

16.1.2 Special offers: If Skysun Pty Ltd( www.skysun.co.za ) supplies the wrong product or if the product is in any way faulty or damaged,

Skysun Pty Ltd( www.skysun.co.za ) will exchange it for the correct one upon receipt of the returned product. However, if the product is no

longer being offered at the special price, it will not be replaced and we will refund the buyer's purchase price including

delivery costs upon receipt thereof

16.1.3 If the user is not satisfied with his/her choice and the product is still in mint condition, the user must return it within

14 days of receipt by the customer and Skysun Pty Ltd( www.skysun.co.za ) will refund the purchase price (excluding delivery costs) upon

receipt of the returned product. No item costing more than R500 will be accepted as a return under this provision.

16.1.4 Note that once opened, the following types of goods will not be accepted for a refund and will only be replaced with another copy of the same product: CDs, Videos, DVDs, audio tapes, computer software, games and printer consumables.

 

 

16.3.1 Products bought from Skysun Pty Ltd( www.skysun.co.za ) are under warranty for a period of one year from the date of purchase against

defects in workmanship and materials. Products will only be replaced within the first seven days after purchase, thereafter the warranty is limited to repair and/or adjustment.

 

16.3.2 To obtain service under this warranty, the product together with the original invoice must be sent back to Skysun Pty Ltd( www.skysun.co.za )

 

16.3.4 Skysun Pty Ltd( www.skysun.co.za ) will not be liable for any claim, of whatsoever nature:

16.3.4.1 instituted after the expiry of the one-year period referred to in point 1 above; or

16.3.4.2 based on any warranty, whether express or implied, other than the express warranty set forth in point 1 above.

 

16.3.5 The warranty set forth in point 16.3.1 above will not apply if the product shows evidence of:

16.3.5.1 impact, sand, liquid or moisture damage;

16.3.5.2 dropping, mishandling, or tampering;

16.3.5.3 battery or chemical corrosion;

16.3.5.4 damage caused by connected equipment;

16.3.5.5 use contrary to the applicable instruction manual

 

16.3.6 The warranty set forth in point 16.3.1 above does not cover:

16.3.6.1 routine cleaning or normal cosmetic and mechanical wear and tear;

16.3.6.2 damages, defects or unsatisfactory performance caused by the attachment of lenses, flashes or other

accessories not produced by the same company as the product purchased; or

16.3.6.3 damages, defects or unsatisfactory performance caused by repairs performed by any party other than a facility

authorized by Skysun Pty Ltd( www.skysun.co.za ).

 

16.4 Mistakenly directed orders

16.4.1 If Skysun Pty Ltd( www.skysun.co.za ) supply the wrong product or if the product is in any way faulty or damaged, Skysun Pty Ltd( www.skysun.co.za ) will exchange it for the

correct one within 5 days of receipt by the customer. Skysun Pty Ltd( www.skysun.co.za ) will make a reasonable effort to exchange the product, but if replacement is not possible, Skysun Pty Ltd( www.skysun.co.za ) will refund the purchase price including delivery cost upon receipt

of the returned product.

16.4.2 Unopened products may be returned for credit or refund withing 5 days of receipt.

 

16.5 Hardware

16.5.1 In the event of new goods that are defective, the rights of the Customer are limited to the Manufacturer's guarantee of the goods supplied.

16.5.2 Liability under clause 1 is restricted to the cost of repair or replacement of faulty goods or services or granting of a

credit at the sole discretion of Skysun Pty Ltd( www.skysun.co.za ) and its suppliers after investigation and/or testing of goods.

16.5.3 In the event that the customer is not satisfied with his purchase, the goods may be returned within 14 days of

purchase at the expense of the customer for a refund (excluding delivery costs) on condition that the goods are in

mint condition and still in it's original packaging. Upon receipt of the returned goods the refund will be processed.

16.5.4 All guarantees 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 of should the goods be operated outside the Manufacturer's specifications.

16.5.5 Under no circumstances will Skysun Pty Ltd( www.skysun.co.za ) be liable for any damage arising from any misuse or abuse of the goods.

16.5.6 No writable media CD-R, CD-RW, DVD-R, DVD-RW may be returned.

16.5.7 Please confirm that hardware is compatible with your operating system and any existing hardware prior to purchase as Skysun Pty Ltd( www.skysun.co.za ) cannot accept hardware returns as a result of system incompatibility. System requirements are usually available on the manufacturer's website. Alternatively, contact Skysun Pty Ltd( www.skysun.co.za ) support.

 

19. GOVERNING LAW

19.1 This site is hosted, controlled and operated from the Republic of South Africa and therefor governed by South African law.

 

20. PRIVACY

 

20.1 Skysun Pty Ltd( www.skysun.co.za ) shall take all reasonable steps to protect the personal information of Users. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/html/govdocs/legislation/2000/act2.pdf

 

20.2 Skysun Pty Ltd( www.skysun.co.za ) may electronically collect, store and use the following personal information of Users:

20.2.1 name and surname;

20.2.2 birth date;

20.2.3 gender;

20.2.4 country of residence;

20.2.5 closest city;

20.2.6 non-personal browsing habits and click patterns;

20.2.7 e-mail address;

20.2.8 IP address; and

20.2.9 ID number / passport number.

 

20.3 Skysun Pty Ltd( www.skysun.co.za ) collects, stores and uses the abovementioned information for the following purposes:

20.3.1 to greet the User when he/she accesses the Skysun Pty Ltd( www.skysun.co.za ) web site;

20.3.2 subject to the User's consent, inform the User of facts relating to his/her access and use of the

Skysun Pty Ltd( www.skysun.co.za ) website;

20.3.3 subject to the User's consent, inform the User about competitions and special offers from Skysun Pty Ltd( www.skysun.co.za ) and/or its partners / affiliates;

20.3.4 to compile non-personal statistical information about browsing habits, click-patterns and access to the Skysun Pty Ltd( www.skysun.co.za ) web site.

20.3.5 to verify the identity of the User when transacting with Skysun Pty Ltd( www.skysun.co.za )

20.3.6 to ensure that the goods are received by the addressee

 

20.4 Information detailed above is collected either electronically by using cookies or is provided voluntarily by the User. Users may determine cookie use independently through their browser settings.

 

20.5 The User may elect not to receive any communications from Skysun Pty Ltd( www.skysun.co.za ) and/or its partners / affiliates.

 

20.6 Skysun Pty Ltd( www.skysun.co.za ) may collect, maintain, save, compile and share any information collected from users,

subject to the following provisions:

20.6.1 Skysun Pty Ltd( www.skysun.co.za ) shall not disclose personal information from Users unless the User consents thereto;

20.6.2 Skysun Pty Ltd( www.skysun.co.za ) shall disclose information without the User's consent only through due legal process; and

20.6.3 Skysun Pty Ltd( www.skysun.co.za ) may compile, use and share any information that does not relate to any specific individual.

 

20.7 Skysun Pty Ltd( www.skysun.co.za ) owns and retains all rights to non-personal statistical information collected and compiled by Skysun Pty Ltd( www.skysun.co.za ).

 

21. SECURITY

 

21.1 Any person that delivers or attempts to deliver any damaging code to this web site or attempts to gain unauthorised access to any page on this web site shall be prosecuted and civil damages shall be claimed in the event that Skysun Pty Ltd( www.skysun.co.za ) suffers any damage or loss.

 

21.2 The user agrees and warrants that its log-in name and password shall:

21.2.1 be used for personal use only; and

21.2.2 not be disclosed to any third party.

 

21.3 The user allows Skysun Pty Ltd( www.skysun.co.za ) to take all reasonable steps to ensure the integrity and security of the Skysun Pty Ltd( www.skysun.co.za ) site and back-office applications.

21.4 All credit card transactions are Secure Socket Layers encrypted. The company registration documents and the site's registered domain name are checked and verified by Thawte.

 

22. CHANGES TO AGREEMENT

22.1 Skysun Pty Ltd( www.skysun.co.za ) may, in its sole discretion, change this agreement or any part thereof at any time without notice.

 

23. DISPUTES

23.1 In the event of any dispute of any nature whatsoever arising between the parties on any matter provided for in, or arising out of this agreement, and not resolved through the Customer Relations Department of Skysun Pty Ltd( www.skysun.co.za ), then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. Arbitration proceedings shall be conducted in Cape Town in English. The arbitration rules may be downloaded from: http://www.arbitration.co.za/Pages/docs/expedited_rules.pdf.

 

24. DOMICILIUM

24.1 Skysun Pty Ltd( www.skysun.co.za ) chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, 67 Kirstenhof Meadows, Seabreeze Rd 7945, Kirstenhof, South Africa.

 

25. CREDIT CARD PAYMENT. Clients paying by credit card might be required in some cases to fax both sides of the card and there identity document should we feel the need arises before we deliver or supply any goods

 

26. Clients might be requested in some cases to give their employment address and contact details before we supply goods ordered on credit card, and if self employed their business registration number.

 

27. TERM AND TERMINATION

27.1 This agreement shall commence when the user registers on the Skysun Pty Ltd( www.skysun.co.za ) site and continues indefinitely until terminated by Skysun Pty Ltd( www.skysun.co.za ) in terms of clause 21 hereto or for any other reason.

 

28. PAIA www.skysun.co.za shall take all reasonable steps to protect your personal information.  For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). PAIA may be downloaded from. http://us-cdn.creamermedia.co.za/assets/articles/attachments/03569_promofaccestoinfoact2.pdf

 

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