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Introduction
1. Our goods and services.
We supply goods and related services.
2. Read instructions.
Please carefully read and follow all instructions that come with our goods or services. For example, any documents that help you use our goods or services. Please also read our website at www.netram.co.za for tips on using our goods or services.
3. Cooling-off period.
Section 44 of the ECT Act may apply to your electronic transactions. If you qualify as a consumer under the Electronic Communications and Transactions Act, you may be entitled to cancel some electronic transactions within seven days, without reason or penalty. Section 44 is only applicable if you are a natural person – in other words, a human being. You must also be the end-user of the goods or services. The transaction must be an electronic transaction – a transaction concluded via (in whole or in part) the website, email, or SMS.
Goods Terms
(Physical Goods)
4. Our goods warranty.
We warrant that all our goods are new and of good quality, unless we clearly describe them as used or reconditioned or as having specific defects.
5. Return of goods in terms of cooling-off period.
You must return any goods in new condition with all packaging and materials. We will refund the purchase price of the goods (minus the direct costs of returning the goods) within 30 days of the date of cancellation.
6. Statutory goods warranty for six months.
We warrant all our new goods against any defects for six months of normal household or business use, from the time we supplied the goods. This is the statutory warranty in terms of the Consumer Protection Act of 2008 (the CPA).
7. Defective goods.
Defective goods are those that had a defect or were unsafe when we supplied them. A defect usually means that the goods were manufactured using materials, components or workmanship below an acceptable standard. You must prove that goods are defective.
8. Statutory compensation.
We will repair, replace or refund the price of any defective goods that you return to us during the six-month statutory warranty. Returns must follow our returns procedure below.
9. Choice of compensation.
Any customer that is also a consumer under the CPA may decide whether we should either repair or replace the defective goods or make a refund. We will decide how to compensate for any of our other customers.
10. Statutory warranty on repairs.
We warrant all our repairs and repaired goods against the failure of a repair and any further defect for the remaining portion of the statutory warranty plus a further three months from the time we returned the repaired goods.
11. Compensation under repair warranty.
If you are also a consumer under the CPA, then you may choose to replace or refund the price of any repaired goods that you return to us during the three-month repair warranty period.
12. Our extended warranty.
After the six months statutory warranty has expired, we offer an extended warranty for certain goods. This means we will repair the defective goods or replace them with new or reconditioned goods, as long as the defective goods are returned to us within the extended warranty period. The period of any extended warranty depends on the particular goods and may cost extra. We will give you the terms of any extended warranty in writing when we supply those goods. Our longest extended warranty is valid for six months after we supplied the goods. Our right to inspect the goods and charge a fee for this also applies to claims under our extended warranty.
13. Suitably qualified technician.
A customer that believes goods are defective should ask a suitably qualified person to produce a report for our technicians to consider. A suitably qualified person is a reputable and independent technician trained and qualified to repair goods similar to our goods.
14. Technical inspection fee.
You may also ask our technicians to inspect any goods believed to be defective. We may charge a technical inspection fee equivalent to the price paid for the item, up to a maximum of R250. We will fully refund this inspection fee if the goods were defective when we supplied them.
15. Our technicians’ duties.
We train our technicians to recognise any defects in goods. They can usually tell if the goods have been misused, for example, if they have been neglected, damaged, altered or not used according to instructions. Our technicians will give reasons if they refuse to accept that we supplied defective goods, but will only do this if they honestly believe the goods have been misused.
16. Limited refund of inspection fee.
We do not have to refund any inspection fee paid if our technician does not accept that we supplied defective goods.
17. Invalidation of warranties and right to return unsuitable goods.
Our goods are very precise and are manufactured and repaired under strictly controlled conditions. For this reason, warranties on any of our goods will be invalid if any person who is not suitably qualified has opened, tampered with or altered the goods contrary to the instructions or removed the warranty label. This also applies to goods found to be unsuitable. It may be fraud to damage goods deliberately to claim a refund.
18. Exclusion of industrial use.
We only warrant goods for any industrial or unusual commercial use if we clearly state this in writing, for example on the packaging.
19. Statutory right to return unsuitable goods.
Our customer that is also, a consumer under the CPA may return goods within ten days of delivery if they could not examine them before delivery or download and then discover that the goods are not what they ordered or expected, or are not suitable for a a specific purpose that they communicated to us in writing.
20. Returns of unsuitable goods.
A consumer must return unsuitable goods within ten days of delivery according to our returns and refunds procedure below.
21. Refund of price of unsuitable goods.
We will refund the full price of any unsuitable goods in their original unopened packaging. For opened goods, we may deduct or charge a reasonable amount for any use of the goods plus certain costs necessary for repackaging and restocking, subject to the CPA. These costs are usually up to 25% of the cost of the goods.
22. Postage costs.
We will refund the reasonable postal and insurance costs of returning defective or unsuitable goods. We may inspect the goods to confirm that they are defective before we do so.
23. Exclusion of liability for 3D Printers: Despite any warranty we give on 3D Printers and other products that we make available for purchase, you are to be aware upon purchasing that all our 3D Printers and their firmware are Open Source products unless specified. We design and produce these products to be as satisfactory as possible with minimal failures however, by purchasing and operating our 3D Printers you agree to our Terms of Service and operate them at your own risk. We will not be held liable for damages caused by any machine product failures whether it be fire, electrical shock, burning, injury or death.
24. Procedure for returns to other suppliers.
Customers of other suppliers (such as major retail chains) must return defective or unsuitable goods directly to that supplier. Customers must use the correct returns procedure. Please contact the customer services department of the relevant supplier for details of their returns procedures.
Services Terms
24. Our warranty.
We warrant that we will provide all our services as soon as reasonably possible after you have informed us that you would like us to begin providing the services.
25. Refund of services in terms of cooling-off period.
The right to cancel does not apply to any services where you have given us your permission to provide them to you within seven days of accepting your Order.
26. Pre-payment.
If the right to cancel does apply and you have prepaid the price of the services, we will refund you the price of the services within 30 days of the date on which you canceled the Order.
27. Services.
An unsatisfactory service is one that was not provided in a way or was not of a level of quality that an average person would expect of that type of service. The customer must claim that a service was unsatisfactory.
28. Statutory compensation.
We will refund the price of any unsatisfactory service that you submit a successful claim for. Refund claims must follow our returns and refunds procedure below.
29. Choice of compensation.
Any customer that is also, a consumer under the CPA may decide whether we should either, provide them with additional services to remedy or refund them for unsatisfactory service. We will decide how to compensate for any of our other customers.
30. Warranty on remedies.
We warrant that we will provide all additional services to remedy unsatisfactory services as soon as reasonably possible after you chose for us to, or we decide to remedy any unsatisfactory service.
31. Procedure for refunds from other service providers.
Customers of other service providers (such as downstream service providers who pass on our services to other customers) must submit claims for unsatisfactory services directly to that service provider. Customers must use the correct refund procedure. Please call the customer services department of the relevant service provider for details of their refund procedures.
32. Delays in providing services.
We will diligently try to provide the services as agreed. But, there may be delays which are not our fault that prevent us from providing the services. We will notify you of any delays caused by reasons beyond our control.
33. Place date and time for providing services.
Except for when the services are provided over the Internet, we will only provide you with the services at the place and at the date and time agreed to between us. If we are unable to provide the services to you at the place, date and time as agreed for any reason, we will contact you and agree on a new place, date and time to provide the services to you.
34. Assignment of the services.
We may assign our rights and duties under the agreement, including our duty to provide the services to you, to any successor or purchaser of our business or some of our assets. Any successor or purchaser will provide alternative services similar to ours that are reasonably accessible to you.
General Terms
35. Applicability of our general terms
Our general terms apply to both goods and services
36. Our returns and refunds procedure.
You must use our returns and refunds procedure for returning defective or unsuitable goods and claiming for unsatisfactory services, or else we may refuse to accept them. Our returns and refunds procedure is as follows:
· Download a return or refund claim form from our website at http://netram.co.za or ask our customer services department (details below) to fax, post or email the form to you.
· Fill in the form with your contact details, date and place of purchase, and all details of the physical goods that you want to return, including how and why you believe the goods are defective or unsuitable for your purpose, or how and why you believe the services were unsatisfactory.
· Email, fax, post or deliver the return or refund claim form to customer services. Customer services should contact you with a return or refund claim number within 24 hours of receipt, otherwise you must contact them to get the number.
· Our customer services department may tell you that they do not believe you have a claim, for example, because the warranty period of the goods has expired. In this case we may refuse to repair or replace goods, refuse to provide additional services to remedy the unsatisfactory services or refuse to pay a refund.
37. Additional steps for physical goods.
The following steps are required for physical goods in order to complete the returns and refunds procedure:
· Any return of physical goods must include proof of purchase plus all accessories and instructions, and all original packaging that is still available. If no packaging is available, please make sure the goods are in protective packaging as we are not responsible for any damage in transit.
· Please write the return claim number clearly on the envelope or package. We may refuse to accept a package that does not have this return claim number on it.
· Deliver the defective physical goods under warranty or unsuitable physical goods to us or post them by normal prepaid registered post, insured against loss, damage , and theft. The street and postal addresses for all returns are the same as for our customer services department, details of which are below.
· If you choose to post the physical goods, please notify us that you have done so by sending an email to orders@netram.co.za. In this email, please provide us with the post office tracking number for the envelope or package.
· Once we have received the package, we will notify you that we have received the physical goods. Please allow 10 working days from the date on which you sent the envelope or package for it to reach us. If we have not notified you within 10 working days, please contact the postal service that you sent the package through and try and establish whether it has been delivered to the correct address.
· We will also notify you in the same email if we have not received the return or refund claim form associated with your claim. If we have not received it, we will send you a blank return or refund claim form attached to the email. Please complete it and return it to us in terms of our returns and refunds procedure above. We will not be able to continue processing your claim until we have received this document.
· If you claim that our goods are defective, our technicians will examine the goods for defects. In the case of physical goods, our technicians will examine the actual goods. They will report to us whether the goods were defective, were misused or are of good quality.
· If you claim that our goods are unsuitable for your purpose, we will first investigate whether you communicated the purpose to us. If you did, we will then provide you with a written report indicating whether we believe the goods were unsuitable for your specific purpose or not.
· If the goods were returned outside the seven-day cooling-off period, or our technician reports that the goods were misused, were of good quality, were not provided to you for a specific purpose or were suitable for that purpose, then we will not repair, replace or refund the goods.
· If you returned the goods within the seven-day cooling-off period and our technician reports that the goods were defective, were provided to you for your specific purpose and were unsuitable for that purpose, then we will either contact you and ask you whether you would like us to repair, replace, or refund the price of the goods (if you are also a consumer under the CPA) or advise you how we have decided to compensate you (if you are not a consumer under the CPA).
· If you choose for us to repair or replace the goods or we decide to do so ourselves, we will contact you as soon as reasonably possible to organise the necessary steps to repair or replace the goods.
· If you choose for us to make a refund or we decide to do so ourselves, we will contact you and arrange payment of the refunded amount into a bank account of your choice within 30 days of cancellation.
38. Additional steps for services.
The following steps are required for services in order to complete the refunds procedure:
· We will notify you once we have received the return or refund claim form associated with your claim. We will then investigate as soon as reasonably possible whether the services we provided you were unsatisfactory. We will create a report whether we believe the services were of a level of quality that an average person would expect of that type of service or not.
· If the services were canceled too late or our report says that we believe the services were of a level of quality that an average person would expect of that type of service, then we will inform you that we are unfortunately unable to remedy or refund the service. We will send you the written report.
· If our report says that we believe the services were not of a level of quality that an average person would expect of that type of service, then we will contact you and provide you with additional instructions on how to remedy or cancel the service.
39. Dispute resolution.
If we do not accept that we supplied defective or unsuitable goods, or that we provided an unsatisfactory service, and our customer services department has not been able to help, any customer may still take the matter up with a suitable ombud or other dispute resolution body, or take legal action. The dispute resolution procedures under the CPA do not necessarily apply to all transactions with us. This policy does not exclude any other rights customers may have.
40. Our customer services department contact details.
Our customers can contact our service department as follows:
· Telephone number: +(27) 021 300 3116
· Email address: info@netram.co.za
· Street address & Postal Address: Unit 123, Millennium Business Park, 19 Edison Way, Century City, Cape Town, Western Province, South Africa, 7441
· Office hours: Monday to Thursday - 9AM to 5PM , Friday - 9am - 4pm & Saturday 9am - 1pm (excl. public holidays)
41. Customer queries and complaints.
We aim for complete customer satisfaction. We respect our customers’ rights and always try to comply with best practice and all relevant laws. If you are not satisfied with any of our goods or services, or have any questions, please contact our customer services department and have your invoice ready. We will try our best to solve your problem. We are proud of the reputation of our goods and services.