5D Innovations PC Sales Terms & Conditions Last Updated March 23, 2021

Dear client, yes we also hate these legal stuff, but unfortunately it has to be done, right? In order for us to keep delivering excellent products and services at spectacularly low prices (not an easy thing to achieve), we must have some T’s & C’s to ensure fairness all around. Firstly let us guarantee you that we really appreciate your business and will always endeavour to treat you fairly, do everything we can to assist you with problems within our control, and go beyond the normal call of duty to assist you with problems outside of our control or influence. As with everything, there is a limit to what we can do, as consumer goods are impacted by the environment, other people and your own actions. Please read these terms of sale carefully before placing your order and retain a copy of these terms and your order for future reference.

1. Format of the Contract

These terms of sale apply to all goods supplied by 5D Innovations (hereinafter also referred to as the “Supplier”).
No contract exists between you and the Supplier for the sale of any goods until the Supplier has received and accepted your order and the Supplier has received payment in full (in cleared funds). Once the Supplier does so, there is a binding legal contract between us.
By way of clarification, an acknowledgement of your order will be sent to you via email when you place your order, but acceptance of your offer to buy the goods will not take place until after your payment is taken and you receive your acceptance email. It is at this point that a binding legal contract is created and any contract is subject to these Terms and Conditions.
The contract is subject to your right of cancellation (see below).
The Supplier may change these terms of sale without notice to you in relation to future sales.

2. Description and price of the goods

The description and price of the goods you order will be as shown on the Supplier´s website, or detailed in your quotation, an annexure to the quotation or finalised email at the time you place your order.
The goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock, 5D Innovations will inform you as soon as possible and offer you an alternative unit, or credit/refund you for any sum that has been paid by you or debited from your credit card for the goods. In the event that only some products are not available, and which has no functional impact on the other products ordered, the credit/refund procedure shall only apply to the items which cannot be supplied.
Every effort is made to ensure that prices shown on the Supplier´s website are accurate at the time you place your order. For your convenience, we may liaise with you regarding price and availability on various platforms such as instant messaging or SMS. Please bear in mind that we often explore various avenues to find you the best pricing and availability, and as such, these variables might be affected. Please peruse your final official quotation, as this will supersede all other forms of communications and pricing. If an error is found, the Supplier will inform you as soon as possible and offer you the option of re-confirming your order at the correct price, or cancelling your order. If the Supplier does not receive an order confirmation within 14 days of informing you of the error, the order will be cancelled automatically. If you cancel the order, or if the order is cancelled automatically due to the expiry of the 14 day period, the Supplier will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.

3. Payment

Payment for the goods and delivery charges can be made by any method shown on the Supplier´s website or on your official quotation at the time you place your order. Payment shall be due before the delivery date and time for payment shall be a fundamental term of this agreement, breach of which shall entitle the Supplier to terminate the contract immediately.
There will be no delivery until cleared funds are received.
Payments shall be made by you without any deduction whatsoever unless you have a valid court order requiring an amount equal to such deduction to be paid by the Supplier to you, or written authorisation for such a deduction exists between you and the Supplier, ie in the case of existing credit from previous legitimately returned goods, in which case such authorisation will be indicated on your quotation / pro-forma invoice.

4. Delivery and Insurance Costs

1. The goods you order will be delivered to the address you give via The Courier Guy, or another designated courier service. Door-to-door Couriers do not deliver to PO Boxes or the Post Office. At checkout, please provide a Street Address (where you can receive deliveries during working hours).
2. The Supplier endeavours to always deliver goods free of charge. However in certain cases (e.g. total sales value under R2 000, delivery might be charged to the client. You shall be informed of this, and in such a case, point 4.3 shall apply
3. Your order’s weight is calculated using the higher value of actual or volumetric mass for each product. The delivery rate is calculated according to the total weight of the items in your cart, the total price of the cart as well as the destination address. To receive an estimate on the delivery charge, please enter your delivery details in the Estimate Delivery box on the Shopping Basket page.
4. If delivery cannot be made to your address for reasons under the Supplier´s control the Supplier will inform you as soon as possible.
5. Delivery timeframes for each courier are displayed on the checkout page before you complete the order. These timeframes are valid for business days, and take effect from the time that we dispatch your order. All packages are fully trackable and tracking numbers will be provided once your order has been shipped.
6. If your order is lost, damaged or stolen, we will either send you a replacement order or we will refund the full order to you. It’s at our sole discretion to choose whether to replace or refund the order, as replacement stock may no longer be available.
7. If any parcel delivered by our couriers appears to be damaged, please be sure to verify both the contents and condition of the consignment in the presence of the courier driver. Phone us immediately if any product is damaged or missing. Liability for any shipments sent from us ends with the obtainment of a clean signature from the consignee upon delivery of the goods.
8. The cost of delivery within the borders of South Africa is determined as follows:
  - Delivery charges are calculated either according to weight, or per order and may vary according to season and courier.
  - If delivery charges are not free, 5D Innovations will calculate the delivery charge applicable to the order in question and stipulate the exact charge during the ordering process. Once the customer has confirmed his/her order with delivery, he/she will be liable for the delivery charges, and these charges will be added to the order total
    The insurance charge is determined as followed:
9. The insurance charges will be included in the courier cost and is not optional, unless you waive all rights to claims against the supplier in writing.

5. Risk/ Title

The goods are at your risk from the time of delivery.
Ownership of the goods shall not pass to you until the Supplier has received in full (in cash or cleared funds) all sums due to it in respect of:
- the goods, and
- all other sums which are or which become due to the Supplier from you on any account.
- The Supplier shall be entitled to recover payment for the goods even though ownership of any of the goods has not passed from the Supplier.

6. Title for Business Customers

If you are a business customer until ownership of the goods has passed to you, you must:
- store the goods (at no cost to the Supplier) separately from all your other goods and goods of any third party in such a way that they remain readily identifiable as the Supplier´s property;
- Not destroy, deface or obscure any identifying mark or packaging on or relating to the goods; maintain the goods in satisfactory condition and keep them insured on the Supplier´s behalf for their full price against all risks to the reasonable satisfaction of the Supplier. On request you shall produce the policy of insurance to the Supplier; and
- hold the proceeds of the insurance referred to in condition 6.1.2 on trust for the Supplier and not mix them with any other money, nor pay the proceeds into an overdrawn bank account.
If you are a business customer your right to possession of the goods shall terminate immediately if:
- you have a bankruptcy order made against you or make an arrangement or composition with your creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or a resolution is passed or a petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency; or
- you suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against you or you are unable to pay your debts.
- you encumber or in any way charge any of the goods.

7. Your right of cancellation

You have the right to cancel the contract at any time up to the end of 7 days after you receive the goods (see below). This right may only be exercised if the packaging is not opened and the good are returned unused.
To exercise your right of cancellation, you must give written notice to the Supplier by hand, post or the email / contact us section of our website, giving details of the goods ordered and (where appropriate) their delivery. Notification by phone is not sufficient.
If you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to the Supplier at your own cost. The goods must be returned after prior arrangement to the address stated in the Contact Us section of the website. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit, and insured.
Once you have notified the Supplier that you are cancelling the contract, the Supplier will refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods. In all cases, as per Distance Selling regulation we will deduct the delivery / carriage costs from the refund amount. You must return the goods to us at your own expense using an insured courier service. If you prefer to return the goods via our own courier instead of sending the items yourself, costs will be calculated as per 3. Such refund will be made after deducting reasonable costs for services rendered such as postage costs, credit card processing charges, and PC assembly costs (in the case of custom built computers).
Except in the case of faulty or mis-described goods, if you do not return the goods as required, the Supplier may charge you a sum not exceeding the direct costs of recovering the goods.
You do not have the right to cancel the contract if the order is for computer software which has been unsealed by you, or for consumable goods which, by their nature, cannot be returned, save where a fault is discovered which could not have been discovered otherwise than by unsealing the goods. Custom PC systems that are built to customer specifications and the following cancellation charges apply:
Stage Custom Build and built-to-order
Paperwork Stage (within 48 hours of placing the order) higher of R 2,000 or 5% of Invoice Value
Components Allocated and Build has commenced higher of R 5,000 or 10% of Invoice Value
Build has been completed higher of R 7,500 or 15% of Invoice Value
Item despatched, received and in use by customer higher of R 10,000 or 25% of Invoice Value
Once you confirm your order as correct a standard cancellation fee will be at the expense of the customer.
An order cancelled in transit will incur the standard cancellation fee plus additional transit costs at the expense of the customer.
In the event of an order returned due to non-delivery, the transit costs will be at the expense of the customer.
A 20% handling fee will be charged on all returned custom built items.

8. Warranty

- Most goods supplied by the Supplier are covered under manufacturer warranties. These differ between brands and models (higher end equipment typically have longer warranty periods. We advise you to read the manufacturer’s warranty information and familiarise yourself with the limitations thereof before using the equipment. This warranty does not affect your statutory rights as a consumer.
- The warranties also differ in their extent, ie certain warranties include a pickup service, while others are limited to a carry-in service. Please feel free to contact use for advice regarding authorised repair centres in your area, as not all are necessarily listed on the documentation, and we also have experience regarding what type of service you can expect from each repair centre.
- Please note that 5D Innovations will do the utmost best to assist you with the warranty claim process, but certain repairs must be performed by the manufacturer’s repair centre, and therefore cannot be done by 5D Innovations while the warranty is in place.
  Where goods are provided with a warranty period greater than 12 months, the first 12 months of the warranty covers all parts and labour costs, whereas any subsequent period of the warranty cover only relates to labour costs only. e.g. If a product is sold with a 3 year warranty, the first 12 months covers parts and labour, and the next 24 months covers labour costs only.
  
  As stated above we provide Return to base warranty which means, Customers are liable for the shipping charges for returning of faulty goods. Shipping charges will not be refunded.
- We will not accept any item that has physical damage. Physical damage is any damage that is not caused by any normal wear and tear. If we receive an item that is physically damaged, it will be returned to the buyer at their expense. The most common forms of physical damage we receive are from CPU and motherboards returns caused by incorrect installation. Please understand that these are policies established by the manufacturer and some of the definitions below were taken directly from them:
- If the goods supplied to you are damaged on delivery, you should notify the Supplier in writing via the Contact Us section of the website within 48 hours of delivery.
- If the goods supplied to you develop a defect while under warranty or you have any other complaint about the goods, you should notify the Supplier(5D Innovations) in writing via the Contact Us section of the website, as soon as possible, but in any event within 3 days of the date you discovered or ought to have discovered the damage, defect or complaint. Failure to do so will mean that the said defect occurred at the time when it is actually reported to us.
- All LCD Monitors supplied by 5D Innovations come with no direct Warranty from 5D Innovations. There is a 3 year warranty on LCD’s provided directly from the supplier. This warranty is provided by the manufacturer and not by 5D Innovations. Like all online computer suppliers 5D Innovations will not entertain any warranty issues regarding dead pixels. These issues must be dealt with directly with the manufacturer and the manufacturer’s decision will be final in all cases.
- All Promotional items (free goods e.g mouse/mouse pad/external drive/components etc.) do not carry any Warranty. 5D Innovations will not be held liable for any faults on these items, as they are provided as-is from the respective manufacturer.
- For Any laptop that is sent in under warranty due to a fault, in the case that the same unit is no longer available / in-stock, a credit note will be passed for the value of the item sent in by the respected service agent to be used on a new purchase. The Service centre credit is final and no negotiations will be accepted.
- This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by the Supplier, failure to follow the Supplier´s instructions, or any alteration or repair carried out without the Supplier’s approval.
- CPU Pin Damage, When pins are bent, the processor cannot be inserted into the socket on the motherboard. The damage may be caused by mishandling the processor, improper removal of the processor from the shipping material, or incorrect insertion into the processor socket. This is considered physical damage and as per industry standard is ineligible for return (warranty void)
- Motherboard – Bent pins Physically damaged motherboards will be denied and will be shipped back to the buyer at their own expense. Physical damage includes chips, burns, scratches, thermal paste in the CPU socket, bent pins, etc. Please note that any scrapes to the metal around the screw holes caused by over tightening of case screws is also considered physical damage so please be careful when installing your motherboard.
- Modifications
- Please note that any unauthorised modifications might directly and negatively affect your warranty. These include, but are not limited to: addition or replacement of modular components, installation of Operating Systems other than the supplied (do not format hard-drives, as this removed the opportunity to restore to factory settings for return to supplier), installation of unauthorised software copies etc.
- Please obtain written authorisation from us or the manufacturer before performing any modifications.

9. Limitation of Liability

If you are a consumer, the Supplier shall not be liable to you for any loss or damage in circumstances, where:
There is no breach of a legal duty owed to you by the Supplier or by its employees or agents;
Such loss or damage is not a reasonably foreseeable result of any such breach;
Any increase in loss or damage resulting from breach by you of any term of this contract.
If you are a business customer the Supplier shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.

10. Images and Illustrations

- Product images are for illustrative purposes only and may differ from the actual product.

11. Promotions

Promotional items are valid during specific promotional times, Promotional items will not be provided prior to their respected start dates. ALL promotions are valid while stocks last, should stock deplete during the promotional time, 5D Innovations regretfully will not be able to further fulfill promo giveaways. 5D Innovations cannot be held liable once stock has run out of promotional giveaways.
5D Innovations reserves the right to amend or cancel the terms any Promotion at any time without prior notice.
5D Innovations IS NOT BOUND BY, AND WILL BE UNDER NO LIABILITY FOR, ANY STATEMENT BY ANY CONFLICT WITH ANY PROMOTIONS TERMS AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, STATEMENTS REGARDING AMD UNIQUE ID, KEY CODE AVAILABILITY AND/OR THAT MORE AMD UNIQUE IDS, KEY CODES WILL BE AVAILABLE OR DISTRIBUTED TO Customers.
5D Innovations is not responsible for lost, late, incomplete, invalid, altered, unintelligible or misdirected registration forms or submissions, which will be void. 5D Innovations is not responsible or liable for any technical, hardware, software, server, website, or other failures or damage of any kind to the extent that a Participant is prevented from participating in the Promotion.
5D Innovations is not responsible for invalid, incorrect, or unreachable email addresses provided by a User.

12. Privacy, Protection of Information and Data

5D Innovations respects the privacy of all users of the Website. The goal of this privacy policy is to protect the information of all our users and therefore each time you log on to our Website you agree to be bound by the existing Privacy Policy as contained on the Website.

We reserve the right, at our discretion, to update, amend and/or revise our Privacy Policy without notice. Please check for changes. Since it will be your responsibility to check for changes you agree that changes to the privacy policy at any time will not be a valid defence or ground for action in any litigation between you and us.

Your information will be used to identify you and for billing, marketing (for example to inform you of specials) and information (for example sending you our newsletters) purposes. In the event of you being desirous not to receive such information kindly inform us via e-mail by clicking on the “Contact Us” icon and state which information you wish not to receive.

When purchasing 5D Innovations products via this Website you agree that your personal information be transmitted to third parties in order to facilitate the successful conclusion of the sale agreement, for example delivery purposes.

Your information remains yours and 5D Innovations will not divulge it to any third party, except as described herein. 5D Innovations undertakes not to sell your information to any third parties.

The following information of all users will be stored: Your name, Identity Number, Contact details and details relating to the products you ordered. For your protection we do not store your financial information (for example bank details). 5D Innovations reserve the right to release your information in aggregated format to third parties, provided that such information does not identify you.

Information and data is automatically collected through the standard operation of the Internet servers and may this Website use “cookies” and “tracking” technology. “Cookies” and “tracking” technology cannot be used to obtain your personal information. “Cookies” can be used to recognize repeat users and facilitate the user’s access to the Website. You can disable the “cookie” function but may you then not be able to purchase 5D Innovations products via the Website.

The Supplier will take all reasonable precautions to keep the details of your order and payment secure but unless the Supplier is negligent, the Supplier will not be liable for unauthorised access to information supplied by you.
As per the POPI Act, you are authorised to request transparency into any and all personal information we have gathered on you/ your business, you may request de-dentification where reasonably practicable, and you are entitled to know how and where we use your information. Should you request deletion and /or de-identification of your information, please bear in mind that this might impact on our ability to honour certain agreements, unless undisputable records of proof is provided by you

13. Privacy Policy

F.A.Q.

None much here yet, were working on them.

Who do we use as courier?

We have contacted The Courier Guy, and will be using them or other couriers as we review them along the way.

Can I collect my own ordered items?

You may yes, but this will be subject to our schedule and if we can accommodate you at your requested times. We are in the Northern Suburbs of Cape Town.