Terms and Conditions

This Agreement was last modified on 18 February 2016.

These Terms and Conditions constitute the entire agreement between you, the customer/Diatek.co.za account holder, and Diatek (Pty) Ltd (“Diatek”, “Diatek.co.za”, “us”, “we”, “our”). When placing an order, the agreement in force at the time of your placing the order will apply to that order and its related transactions. Any hypertext links from this agreement to text elsewhere on this site shall be deemed to form part of this agreement.
We reserve the right to amend this agreement or any parts thereof at any time and without notice. Amendments to this agreement take effect 24 hours after the agreement has been amended on our web site, and your continued use of the site implies your acceptance of the agreement as amended.

 

No hidden fees or buying obligations

  • There are no fees for registering, or for having an account, with diatek.co.za. There are no buying obligations – the user orders what they want, when they want to.

 

Agreement of sale

  • An order is placed with us only after the user has completed checkout and clicked on the “place order” button. An agreement of sale or order only becomes such once we have received payment or payment confirmation.
  • Placing an item in the user’s cart does not constitute an order and we cannot be held liable if the item is no longer available, or if the price has changed by the time the checkout process is completed. An agreement of sale comes into effect when payment has been completed.

 

Termination of Sales & Cancellation of Orders

  • We reserve the right to cancel an order at any point in time without notice. In this case, we shall be liable to refund any money already paid in respect of that order.
  • Please note that our website will show an item as being available even if only one unit is available to purchase.
  • Should the buyer wish to cancel all or part of an order, they will be required to send a cancellation request to info@diatek.co.za. Please note, however, that we may not be able to cancel items from an order if they have already been dispatched by our suppliers.

 

Payments

  • If the buyer decides to pay by credit card through PayFast, PayFast will authorise (reserve) the amount of the order at the time of the order being placed, and will debit the amount as soon as they start processing the order. Any subsequent cancellations will be refunded to the card. We do not store any credit card details as all card payments are processed through PayFast’s secure payment portal. (PayFast’s terms and conditions can be accessed here).
  • Due to the fact that stock may be limited on some items, ordered products will only remain reserved for 12 hours (720 minutes) from the time the user places an order. Diatek will not be held accountable in the event that stock runs out if payment confirmation, or any contact by the buyer has not been received after the 12 hour period.
  • All goods will remain property and in possession of Diatek until full payment has been received for the goods.

 

No unsolicited emails

  • The user does not have to agree to sign up for our mailing list. The user can opt-out of our mailing list, at any stage, on the website or by contacting us directly. The user can choose whether or not you want to receive availability notifications for wish list items.

 

Security Policy

  • We take security very seriously. Our servers have been rigorously checked to ensure that they are not vulnerable to unauthorised access and activity on the servers is continually monitored.
  • Any person that delivers, or attempts to deliver damaging code to this website or in an effort to gain unauthorized access, will be making themselves liable to prosecution and civil damages in the event that we suffered any damage or loss.
  • The account holder agrees and assures us that their login name and password will be for your personal use only, will not be disclosed to a third party and that they are liable for any orders and payments made with their credentials.

 

Damaged / faulty items (Warranty)

  • Most items are covered by a manufacturer’s warranty (length of time dependent of the item). In the event that an item/s becomes faulty within the specified time period, contact must be made with Diatek, and products must be returned to us for them to be sent back to our suppliers to be repaired.
  • Repair times cannot be predicted and are dependent on the length of time taken ship items to and from the supplier, and what repair job/s need to be performed on the item/s.
  • Diatek takes no responsibility for the delays in time during the warranty repair process.
  • Diatek will not be held accountable for the costs incurred returning faulty goods.

 

Incorrect items received

  • In the event that the item/s that are received by the customer differ from what was ordered, contact needs to be made with the seller (Diatek) within one month of placing the order, with evidence of the claim (e.g. pictures of the order received) for us to verify the mistake. If it is confirmed that the order that was sent was wrong, Diatek will send the correct item/s at our expense, and will also arrange for collection of the incorrect goods from the customer.

 

Prices

  • The prices displayed do not include VAT (Diatek is not a VAT registered company at present), but exclude delivery costs.
  • Though we endeavour to ensure that the prices displayed on the website are accurate, we offer several products for sale at any time and it is impossible for us to monitor the prices of all individual products manually. While we go to lengths to ensure that the prices we display are accurate, we are reliant on our suppliers for providing accurate pricing information and as a result it is possible that erroneous prices may be displayed from time to time. In such cases, we shall not be obliged to sell the product at the erroneous price, and will correct erroneous prices as soon as we become aware of them.
  • As part of our service, we source products from all over the world and the prices we display for products on our website will fluctuate with exchange rates, and as our suppliers change their stock holdings and pricing; displaying a price on the website does not constitute any undertaking by us to maintain that price for any length of time, therefore prices are subject to change without notice at any time. We will always endeavour to complete your order at the price quoted at the time that the order was placed, but in cases of erroneous pricing or where our suppliers deplete their reserves of specially priced stock, we may cancel all or a portion of your order and fully refund any advance payments that you have made toward the affected products.

 

Delivery

  • It is the buyer’s responsibility to ensure that the correct and valid delivery address, contact details and delivery method are provided during the checkout process.
  • Please contact us if you do not receive your parcel within the estimated delivery time provided and we will happily assist in locating it, however we cannot be held accountable for any loss, damage or delay experienced as a result of the courier company.
  • The customer accepts that in order for us to prove delivery of an order, or part thereof, we do not have to prove that the customer personally received the goods, but that any person at the delivery address specified on their order signed for the delivery.
  • Unfortunately, proof-of-delivery records cannot be retained indefinitely and if a delivery has been dispatched by us and not reported missing by the customer within six months of us having dispatched it, the package will be deemed to have been delivered without us having to provide proof of delivery.
  • Should a delivery be returned to us as undeliverable, we will let the customer know and request that they are to make arrangements to either have the parcel collected from us, or re-delivered to them.
  • The customer authorises us to dispose of, or donate, the contents of parcels not collected within six months of such request being made.
  • Should the customer choose to collect their order or parts thereof from us, Diatek will inform them once the order is ready for collection.
  • The customer authorises us to dispose of, or donate, the contents of parcels not collected within six months of such notification being sent.

 

Delayed / cancelled orders

  • Most orders are dispatched on time but unfortunately, unexpected delays can occur and we may not be able to dispatch items within the schedule provided. Items can run out of stock or be discontinued without warning or notice, and we may not be able to fulfill orders for that item.
  • We will do our best to keep the customer informed of any unexpected delays, stock shortages or discontinued item.

 

Sales Records

  • The buyer is responsible for retaining their own records of sales and transactions. Where possible, we may be able to reissue transaction records on request.
  • Returns will need to be accompanied with the sales invoice to be eligible for warranty.

 

Competitions

  • Competitions will be subject to terms and conditions and these are provided during the time the competition runs.

 

Using and Accessing diatek.co.za

  • This site is for personal use only. No person may make use of content from this site, whether direct or derived, for any commercial purpose whatsoever. No person may not use any form of automated search or download technology to access this site.
  • No person may frame or utilise framing techniques to enclose any content on this site without our express written consent.
  • The user is granted a limited, revocable, and nonexclusive right to create hyperlinks to diatek.co.za web pages as long as such links do not portray diatek.co.za or its affiliates or products or services in a false, misleading, derogatory, or otherwise offensive matter.

 

Disclaimer and limitation of liability

  • This site is provided “as is”, and the user makes use of  this site at their own risk. Neither diatek.co.za, its directors, employees, affiliates, agents or suppliers shall be held responsible for any damages or loss resulting from or relating to the use of this site or any of its content, irrespective of the cause of the damages.
  • We make no representations or warranties of any kind, whether express or implied.
  • We disclaim all representations and warranties including but not limited to the site and its availability, the content of the site or the accuracy thereof, product availability and delivery times, merchantability or fitness for a particular purpose of information, goods or services.
  • We do not claim that the entire website is completely free of errors and that it will be accessible 100% of the time.
  • The user is encouraged to contact us regarding any errors, omissions & accessibility issues.
  • Diatek is not responsible for any damage or loss of services that may result from the use of products acquired from this site.

 

Governing law

  • This agreement shall be governed by and interpreted according to the laws of the Republic of South Africa.
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