Terms & Conditions
It is important that you read these terms and conditions of use carefully before using this site. By clicking on the "I accept" option you agree to be bound by the terms and conditions of use as set out herein.
This iKoniX site is offered to you on condition that you accept without modification the terms, conditions and notices contained herein.
We reserve the right, at our discretion, to update, amend and/or revise these Terms & Conditions without notice. Please check for changes before clicking on the "I accept" option. Since it will be your responsibility to check for changes you agree that changes to the terms and conditions at any time will not be a valid defence or ground for action in any litigation between you and us.
These terms and conditions apply to all users whether the registration process has been completed or not.
This agreement will commence when the user first accepts these terms and conditions and will continue indefinitely until terminated by iKoniX.
The information, services and opportunity to purchase iKoniX products via this Website (the "Services") is offered to you by iKoniX subject to these Terms and Conditions of Use, which you have been deemed to have accepted and agreed to by you accessing this Website or using any of these Services. Access to the Services is granted to you on the terms and conditions as set out in this agreement.
You are authorised to view and download our website for your personal use only.
This site may be used to browse and make legitimate purchases. This website may not be used for any other purpose.
You must ensure that all your details provided are correct. In the event of any of your details changing since registration it is your responsibility to inform us.
The use of this Website and Services are at your own discretion and risk.
iKoniX will endeavour to make and keep the Services available to the User at all times. You however agree that iKoniX, it officers, directors, members, employees, suppliers, service providers, successors or assigns (hereinafter collectively referred to as iKoniX) will not be liable for any loss, liability or damage caused by or arising from the use of the Services or the unavailability or interruption of the Services for whatever reason.
iKoniX has the right to modify or withdraw this website, or any part thereof, without notice to you.
The user agrees that this website has been supplied on an "as is" basis and that it has not been compiled to meet the specific needs and or requirements of any individual user.
It is the responsibility of the user to ensure that any order meets with the user’s personal requirements and that it will be compatible with the user’s hardware and/or software.
Any damage, loss or liability arising from the use or inability to use any product purchased / ordered from this website will not be the responsibility of
iKoniX or any of its agents or representatives.
iKoniX shall not be liable for any damages, loss, liability, personal injury or expenses (whether direct, indirect, consequential, incidental or special loss) suffered by the user resulting from the use of the Website or reliance on any content, data or information made available via the Website. This includes but is not limited to damages, loss, liability, personal injury or expense associated, caused by or arising from one or more of the following:
- The loss of privacy;
- Failure to meet a duty;
- Damages, loss, liability, personal injury or expenses caused by the use of or reliance on any information provided on the Website;
- Damages, loss, liability, personal injury or expenses caused by services provided via the Website or e-mails sent from the Website;
- Damages, loss, liability, personal injury or expense caused by any viruses that may infect your computer or other property resulting from the use of this Website.
We do not warrant that your access to and use of the Website and our Services will be error free.
If the use of this Website or any of our Services result in you needing to service or replace any equipment or data it will not be at our risk or expense.
3.CONTENTS OF THE WEBSITE
iKoniX does not warrant the correctness, completeness, reliability or accuracy of any information contained in this Website.
iKoniX, in its sole discretion, may remove, discontinue or amend any of the Services and features contained and/or offered on this Website without notice to you.
We may use our Website and Services to run advertisements promoting products and services we offer
The opinions, information, data and the remainder of the content of the Website are offered solely for information purposes and must snot be construed as advice. iKoniX does not warrant the correctness, completeness or reliability of the information, opinions or data provided via its Website.
4.COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
The contents, trademark and data on this Website are the property of or licensed to iKoniX and are therefore protected from infringement by local and international legislation and treaties. These include, but are not limited to software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements.
The use, download, print and view of this website is solely for your personal and non-commercial use.
iKoniX own or are licensed to use all copyrights, patents, trade marks, trade secrets (all intellectual property rights) used on or in connection with this Website and our Services. iKoniX is the lawful user thereof.
You are not allowed to copy, reproduce, change, publish, rent, license, store, sell or distribute any of these intellectual property rights in any way. Nothing contained on the Website must be construed as giving permission, granting any license or right to use any of the intellectual property rights.
External links on this Website are beyond our control and iKoniX does not make any representation as to their contents. The use of any external link is at your own risk.
iKoniX do not necessarily agree with, edit or sponsor the content of such Websites or pages. These links are provided "as is" and if the user chooses to use same they indemnify iKoniX against any loss, damage or offence caused or alleged to be caused by the use of or reliance on the contents, goods or services available on such sites or pages.
Children under the age of 18 years may only use this Website under the supervision of a parent or guardian who agrees to these terms and conditions of use, as well as the minor’s use of this Website and Services. If you represent that you are a major (18 years or older) you will be bound by any legal obligation that you incurred as a result of the use of this Website and / or our Services. By placing an order you are stating that you are at least 18 years or older.
7.1 You hereby agree that iKoniX can verify your identity. No order will be processed until the identity of the person placing such an order has been verified.
7.2 You agree to provide true, accurate and complete information about yourself and to keep this information updated.
7.3 iKoniX are fully entitled to establish the authenticity of any internet transmitted communication purporting to emanate from you. You acknowledge that all forms of communications transmitted by you or on your behalf via the internet to iKoniX will be deemed to have been received in the form in which iKoniX received it, notwithstanding that the form in which it was transmitted may have been different. You will be bound by such details received by iKoniX with no liability on the part of iKoniX.
7.4 You indemnify iKoniX against any claims, liabilities, losses, costs, fines, damages or expenses incurred by you resulting from iKoniX acting on your instructions or instructions which purported to emanate from you.
7.5 You waive any rights or claims which you may have against iKoniX resulting from iKoniX acting on your instructions or instructions which purported to emanate from you
The operation of this Website may be suspended at the sole discretion of iKoniX. iKoniX does not warrant the availability of this Website. iKoniX may discontinue certain or all of the Services on the Website at its discretion without prior notice to you. iKoniX will not be liable to you or any third party for any loss or damages suffered due to the suspension or unavailability of the Website or any of our Services.
9.1 You warrant the correctness of all information and instruction given by you to iKoniX.
9.2 iKoniX does not make any statement, representation or give any warranty or guarantee with regard to the Website, any of our Services (or the services of any third party on which we rely when contracting with you) or in respect of the availability of any communications network or system of any third party on which we and you are reliant in us providing any of the Services to you.
9.3 The warrantees and guarantees in respect of all services, products or items obtained in any way through this Website, including the purchasing thereof, are held by the manufacturers thereof. In the event of such products, services or items being defective the user shall inform iKoniX within seven (7) days of invoice. iKoniX will report the defect to the manufacturer and assist the user in negotiations with the manufacturer but can iKoniX not be held responsible for such defect. The user’s claim resulting from such defects shall be against the manufacturer directly.
10.USE OF WEBSITE
10.1 You are responsible for anything you transmit or receive via our Website.
10.2 You are not allowed to use our Website or any of our Services for any reason or purpose that is unlawful, defamatory or harmful, and in particular which in our opinion may harm our business or offend our users.
10.3 You are not permitted to transmit to us or post on our Website any material containing software viruses or files which may disrupt or damage any computer or telecommunications equipment.
10.4 You are not permitted to do anything which might disrupt the operation of our Website and Services or which may disrupt the use and enjoyment of our Website and Services by other users.
10.5 You are responsible for the use of your account with us by whomsoever, including minors.
10.6 The user is truthful in the information disclosed to iKoniX on the Website or otherwise and agrees to what he or she is ordering via this Website and agrees to pay for it.
10.7 The user agrees to use the site as per the instructions.
10.8 The password and account details of the user is the user’s responsibility and the user undertakes not to disclose it to any third party.
10.9 The user agrees to any purchase policy associated with the item purchased and which might be subscribed by either iKoniX or the manufacturer. This include, but is not limited to, warranty and guarantees, shipping and returns.
11.SUBMISSIONS BY YOU TO iKoniX
In the event of you transmitting to us any material, idea, concept or product you grant us the non-exclusive, world wide, perpetual, royalty free licence under your copyright and other intellectual property rights to use or display or distribute such material in any way that we may deem fit without any duty on us to account to you.
iKoniX will not in any way be responsible for your submissions or responses to iKoniX.
12. iKoniX STATEMENT OF PRIVACY
13. TERMS APPLYING WHEN PURCHASING iKoniX PRODUCTS VIA THIS WEBSITE
13.1 When ordering any product offered by us on our Website you are bound by our Terms and Conditions of Use. In addition to our general terms and conditions of use the terms and conditions as contained in this paragraph 13 will also be binding on you when placing an order.
13.2 If you do not agree with any of these terms and conditions of use and do not wish to be bound by them do not place any order via our Website.
13.3 iKoniX shall not be liable for any loss, damage, liability, expense or costs which you may suffer as a result of you placing an order via this Website or you using or relying on any information published or supplied by us via our Website.
13.4 The product or products that you order are those you have chosen by clicking on the "Add to Basket" link, which products will then be listed in the Shopping Basket (the "Items").
13.5 An agreement of sale between iKoniX and the user will only come into effect once one of the following method of payment has been received for the correct amount of your purchase / order:
- Ikonix bank statement reflects an electronic funds transfer from or on behalf of the specific user;
- A cleared direct deposit by or on behalf of the user is reflected on the iKoniX bank account.
13.6 Notwithstanding the above iKoniX has the right to refuse to accept any payment received after seven days from placement of the order and in such an event no agreement of sale will have been concluded.
13.7 iKoniX has the right to cancel any order and refund the user for monies already paid, with or without reason.
13.8 The price of each product is displayed with the product.
13.9 iKoniX shall endeavour to provide the correct price with each item sold but in the event of errors occurring iKoniX will not be obliged to sell the product at the incorrect price. Under these circumstances iKoniX will only be liable to refund the user if the user is not willing to pay the correct price and payment has already been affected.
13.10 The purchase price for the Items you have ordered will be displayed under the heading "TOTAL" in the Shopping Basket. All prices are in South African Rand.
13.11 iKoniX and the user will be deemed to have agreed to the price once the order has been updated to the "Shipped" status.
13.12 All prices agreed to is subject to the availability of stock and also in any event subject to change without notice. We are not held liable to ship or provide stock if item is not in stock or unavailable.
13.13 Value Added Tax of 14% is included in the displayed price.
13.14 The purchase price can be paid by direct deposit or electronic bank transfer.
13.15 All Items purchased by you will be delivered to the destination you have specified as Recipient Details, provided such destination is within the Republic of South Africa, by a shipping or delivery agent, which iKoniX have contracted with.
13.16 iKoniX have agreements with shipping and delivery agents. Risk of loss in respect of all items purchased through this Website will pass from iKoniX to such delivery or shipping agents upon delivery of such item to such shipping or delivery agent. The user agrees that the shipping or delivery agent, once in receipt of the item purchased, will be responsible for the delivery of such item to the user and that the risk for damages, loss or liability in respect of the delivery of such Items to the user will therefore pass from iKoniX to such shipping or delivery agent on receipt of such Items by the shipping or delivery agent.
13.17 If you are not entirely satisfied with the Items purchased and you inform iKoniX accordingly within 48 hours of delivery of the Items and return the Items within 7 (seven) days from date of delivery in the same condition as delivered (including the Packaging Material) to iKoniX, iKoniX in its sole discretion may refund you with the purchase price or give you iKoniX Products equivalent to the value of those Items.
13.18 The following goods will not be refunded but only replaced with the same product in the event of the packaging being opened or tampered with:
CDs, Videos, DVDs, Computer-, printer- or any other software, games and printer consumables.
13.19 In the event of iKoniX supplying an incorrect item or if the item is defective due to manufacturing faults, the user must inform iKoniX within 48 hours of receipt thereof and return the item within fourteen days of receipt thereof to iKoniX. The returned product will be exchanged for the correctly ordered / replacement one (in the event of manufacturing faults) once the returned product is received by iKoniX. In the event of replacement not being possible iKoniX will refund the purchase price of the returned goods to the user. In the event of such incorrect or defective items being ordered on a special price offer and on return thereof the special price offer had expired, iKoniX may in its sole discretion either replace such items or refund the user with the purchase price.
13.20 In the event of you requiring a product that is not listed on our website kindly contact iKoniX for us to consider your needs and assist you as far as possible.
13.21 By accepting these terms and conditions of use you authorise iKoniX to perform any credit-worthiness check on you.
13.22 You indemnify iKoniX from any liability, loss or damages resulting from any claim, complaint, dispute, proceeding or cause of action against any of them related to the Items or any other products or services offered by them, including but not limited to their purchase, delivery, late delivery, non delivery or use.
13.23 In the event of action being instituted against iKoniX due to a user’s actions with regard to any aspect of the Website and or item purchased, the user hereby indemnifies iKoniX against such actions, any order that may be made in respect of such actions and all legal costs, on an attorney and own client scale associated therewith.
13.24 In the event of the user breaching any of the terms or conditions of this agreement and iKoniX institutes legal proceedings against the user, the user agrees to pay all costs associated with such proceedings, including collection commissions, legal costs on an attorney and own client scale and / or collection agency fees.
13.25 You represent that you have the necessary authority to enter into a contract with us and to accept these terms and conditions of use when submitting your details to us via our Website, or details that you purport to be yours.
13.26 If you are under the age of 18 we draw your attention to clause 6 above ("Children"). Please read it carefully since you will be bound by any legal obligations arising from your use of this Website or any of our Services.
15.1 Except as expressly provided to the contrary herein, each paragraph, clause, term and provision of these Terms and Conditions of Use and any portion thereof shall be considered severable and if, for any reason any such provision of these Terms and Conditions of Use is held to be invalid, contrary to or in conflict with any applicable present or future law or regulation in a final, unappealable ruling issued by any court in a proceeding to which iKoniX is a party, that ruling shall not impair the operation of, or have any other effect upon such other portions of these Terms and Conditions of Use as may remain otherwise intelligible, which shall continue to be given full force and effect and bind the parties hereto, although any portion held to be invalid shall be deemed not to be part of these Terms and Conditions of Use from the date the time for appeal expires.
15.2 Whenever a personal pronoun is used herein, it is understood that such usage shall include both singular and plural, masculine and feminine and neuter and refer in appropriate cases to juristic persons as well as natural persons.
15.3 These Terms and Conditions of Use constitutes the entire agreement between the parties who acknowledges that there are no other oral or written understandings or agreements between them relating to the subject matter of this agreement. No amendment, cancellation or other modification of these Terms and Conditions of Use shall be valid or binding on a party hereto unless reduced to writing and executed by both parties hereto.
15.4 Any waiver of any rights in terms of these Terms and Conditions of Use by any party must be in writing to be effective.
15.5 For the purpose of any action against the user, a Certificate by iKoniX as to the amount owing by the user to iKoniX and of the fact that the due date for payment of the same has arrived shall be sufficient and satisfactory proof of the facts therein stated until the contrary shall have been proved.
15.6 The user hereby renounce the benefits of the legal exceptions "non causa debiti", "errore calculi", "beneficium ordinis seu excussion", "beneficium division", " de duobus vel pluribus reis debendi", " no value received" and "revision of accounts" with the meaning and effect of all of which I declare myself to be fully acquainted.
15.7 You may not cede, assign, transfer or delegate any of your rights or obligations in terms of these Terms and Conditions of Use without the prior written consent of iKoniX.
15.8 You, the user, hereby agrees to the jurisdiction of the Magistrate’s Court having territorial jurisdiction with regard to any dispute or proceeding arising, in connection with or related to these Terms and Conditions of Use or any of our Services. iKoniX, however, reserves the right to institute action or proceedings in any other competent court.
15.9 All orders are only processed once money has cleared in our Bank Account. Proof of Purchase is not seen as final payment received.
This Agreement, including any of iKoniX’s rights and obligations in terms of this agreement, is fully transferable by iKoniX and shall inure to the benefit of any transferee or other legal successor nominated by the iKoniX in writing.
This website is governed by the Laws of the Republic of South Africa since this site is hosted, controlled and operate within he Republic of South Africa.
iKoniX chooses its domicilium citandi et executandi where it will receive any document, notice or court process. The user chooses his domicilium citandi et executandi as stipulated in Recipient Details.
The user agrees that in the event of the user visiting this website or correspond with iKoniX via e-mail that user consents to receiving communications from iKoniX electronically. The user agrees that all agreements, notices, disclosures or any other means of electronic communication between the user and iKoniX satisfies all legal requirements, including but not limited to the requirement that such communications should be in writing.