Terms & Conditions

MVA SMART SOLUTIONS – TERMS & CONDITIONS OF SALE These terms and conditions, together with the documents referred to in them, tell you the basis on which we will supply to you our goods (“Goods”) and services (“Services”). Please read these terms carefully before ordering any Goods or Services from us. By ordering any of the Goods or Services, you agree to be bound by these terms. You should retain a copy of these terms for future reference. 1. INFORMATION ABOUT US 1.1 The Goods and Services are provided by MVA Smart Solutions, a trading name of MVA Spares CC (“we/us/our”). 1.2 We are registered at the offices of the CIPC, South Africa. Refer to the Company Information tab. 1.3 Our Company Registration Number is 2003/103267/23. 1.4 MVA Spares is a Trademark of MVA Spares CC. 2. YOUR STATUS 2.1 You acknowledge that: 2.1.1 clause 5 does not apply unless you are purchasing Goods and/or Services by mail order or from our website as a consumer (other than in the course of a business, trade or profession) (“Consumer”); 2.1.2 clauses 12.6 to 12.8 (inclusive) do not apply unless you are purchasing Goods and Services in the course of a business, trade, or profession (“Business Customer”); and 2.1.3 clause 11.4 does not apply unless you are purchasing Goods and Services as a Consumer. 2.2 By placing an order with us, you warrant that: 2.2.1 you are legally capable of entering into binding contracts; 2.2.2 if you are a Consumer, you are at least 18 years old; 2.2.3 you are resident in the Republic of South Africa; 2.2.4 the information you provide to us is accurate, complete and not misleading. 3. APPLICATION 3.1 These terms and conditions apply to all sales of Goods and/or Services provided by us to you. 3.2 If you are purchasing Goods and/or Services via our website, no contract for the supply of Goods and/or Services (“Contract”) will come into existence until we dispatch the Goods, send you an email confirming that your goods have been dispatched or start performing the Services (whichever is earlier). 3.3 If you purchase Goods and/or Services by any means other than via our website, the Contract will not come into existence until either your order (however given) is accepted by the earliest of our written acknowledgment of order, delivery of the Goods or performance of the Services. 3.4 Each order placed by you to us and accepted by us will constitute a separate contract. 3.5 You must ensure that the terms of your order and any applicable specification are complete and accurate. There is a note facility provided at checkout. 3.6 These terms will be incorporated in the Contract to the exclusion of all other terms and conditions. They supersede all prior dealings, negotiations, representations or agreements between us and you in respect of the subject-matter of the Contract whether written or oral. 3.7 No variation or amendment of this Contract will be valid unless in writing and signed by you and our authorised representative. 4. GOODS AND SERVICES 4.1 All brochures, specifications, drawings, catalogues, descriptions, illustrations, application guides, price lists and other advertising matter are intended only to present a general idea of the Goods and Services described. 4.2 We reserve the right to deliver Goods of a modified design provided that any difference does not make the Goods unsuitable for any purpose you have made known to us. 4.3 The Goods will conform in all material respects to any sample accepted by us and any specification provided to and accepted by us. We reserve the right to amend design or specification without prior notification provided that it does not materially affect performance. 4.4 We retain all copyright and title to all documentation relating to Goods delivered to you. This documentation may only be used for the purposes intended in the Contract and must be returned on demand. 4.5 Technical specifications are approximations unless specifically stated otherwise. 4.6 You will not remove, alter, deface, obscure or tamper with any trademarks, names, serial numbers, labels, or identification markings affixed to or marked on the Goods. 4.7 If the Goods are manufactured or configured in accordance with any design/specification provided by you, you will compensate us in full for all claims, expenses, and liabilities arising from that specification (including any alleged infringement of third-party rights). 4.8 We prohibit audio or video recording of on-site professional or technical Services, training, consultancy, or installation work without prior written consent. 5. CONSUMER RIGHTS Clause 5 only applies if you are a Consumer and purchasing Goods and/or Services by mail order or from our website. 5.1 You may cancel a Contract at any time within 5 working days, beginning on the day after you receive the Goods. In this case, subject to clause 5.2 you will receive a full refund in the form of a credit note of the price paid for the Goods in accordance with our refunds policy (available on request). This right does not apply to personalised or made-to-order Goods. 5.2 To cancel a Contract, you must inform us in writing. We reserve the right to reject such a request. If allowed, you must return the Goods in the same condition received, with original packaging and documentation, at your own cost and risk. The Goods must not have been used and, where applicable, must not have been removed from sealed packaging. 5.3 If you want to cancel the Contract or have been supplied with Goods which are incorrect or defective, you must notify us within 5 days from delivery (the “Cooling-Off Period”). Where applicable, a refund (credit note), exchange, or replacement will be provided. If notification is given after expiry of the Cooling-Off Period, we reserve the right to issue only an exchange or replacement, except where Goods are defective and your statutory rights apply. 5.4 We shall have no liability for incorrect Goods selected by you where compatibility requirements were not confirmed prior to purchase once the Cooling-Off Period lapses. 5.5 Details of how to exercise cancellation can be obtained by calling the contact number stated on the documentation accompanying the Goods or on our website. 5.6 You may cancel an order for Services within 5 working days of the date of purchase unless the Services begin sooner, in which case your right to terminate ends on the date Services start. 5.7 Consumers claiming a refund (credit note), exchange, or replacement must provide proof of purchase (invoice). If unavailable, a bank or card statement may be accepted at our sole discretion. 5.8 Nothing in this clause affects your statutory rights. 6. PRICES 6.1 Prices are as quoted except in cases of obvious error (see clause 6.7). Prices may be altered at any time without notification to account for increases in costs, taxes, duties, or exchange rates. 6.2 Prices payable are those ruling at the date of dispatch (Goods) or confirmation of start date (Services), unless a written acknowledgment states otherwise. 6.3 We list prices as both inclusive of vat. 6.4 Delivery costs are quoted at checkout for Consumers. We choose whether to send Goods via Overnight Delivery or Economy Freight. If you dictate the mode of transport, you will be liable for additional costs. 6.5 Small orders may attract a minimum order charge or delivery surcharge disclosed at acknowledgment. 6.6 No allowance will be credited for Goods collected rather than delivered. 6.7 We are under no obligation to provide Goods or Services at an incorrect lower price where the error is obvious and could reasonably be recognised as a mispricing. 6.8 Zero price tag items 6.8.1 Some products may display a zero price in our online catalogue and may be checked out. 6.8.2 We are not required to honour purchases checked out at zero cost. 6.8.3 We may update the price and require repurchase or EFT payment before proceeding. 6.8.4 A reasonable person would not expect such items to be free. 6.8.5 If delivery charges were paid on a zero-priced transaction and you decline to pay for the item, we will refund delivery charges and consider the transaction finalised. 7. QUOTATIONS 7.1 Unless otherwise stated, quotations are valid for 7 days. 7.2 Goods quoted for are not reserved. 8. PAYMENT 8.1 Credit account holders must pay per agreed terms or no later than the 20th of the following month. We may require immediate payment if creditworthiness concerns arise. 8.2 Non-account customers must pay in full when the order is placed or on delivery (cash/guaranteed methods/card/EFT where accepted). 8.3 We reserve the right to charge a credit card surcharge. 8.4 Card payments are accepted where the cardholder is present or where verified online. Payments are authenticated by BankServ 3D Secure Network. 8.5 Late payments may accrue interest under the National Credit Act. 8.6 We do not accept cheques. 9. DELIVERY 9.1 Goods are delivered when we make them available to you at an agreed delivery point. 9.2 Delivery dates are estimates only. You may cancel without liability if delivery is more than 30 days late. 9.3 Dispatch records are conclusive unless you can provide conclusive evidence to the contrary. 9.4 We are not liable for non-delivery unless written notice is given within 5 days of the date when the Goods would ordinarily have been received. 9.5 Our liability for non-delivery is limited to replacement, credit note, or refund at our discretion. 9.6 Claims for Goods that do not materially comply with description must be notified within 5 days of delivery. Remedy is replacement, credit note, or refund at our discretion, subject to return conditions. 9.7 We may deliver by instalments. 9.8 If you fail to take delivery, we may cancel/suspend delivery and charge for losses suffered. 9.10 Courier delays may occur due to shipping company circumstances; we cannot be held responsible for that. 9.11 On Free Delivery purchases you may send your own courier with prior arrangement; no compensation applies. 9.12 Regional/remote delivery timeframes may vary. 9.13 Certain hard-to-reach areas may attract additional charges or require depot/collection point delivery. 9.14 Inspect Goods on delivery and report damages/shortages on the waybill. 9.15 We ship to neighbouring countries and parts of Africa where feasible; courier is arranged by the buyer. 9.16 Insurance is not included—request if needed. 12. RISK AND TITLE 12.1 Risk in the Goods passes when they are delivered to you. 12.2 You will insure the Goods against theft or damage until their price has been paid in full. 12.3 Transfer of goods will pass once we have full ownership from our sellers. 12.4 Title remains with us until all amounts owing (including interest and costs) have been paid in full. 12.5 We may maintain an action for the price notwithstanding that title has not passed. Business Customers only: Clauses 12.6 to 12.8 apply as per standard retention-of-title terms. 13. WARRANTY (GADGETS / SMART HOME) 13.1 Goods are supplied with the benefit of a manufacturer’s warranty where applicable (“Warranty”). 13.2 If Goods become faulty during the Warranty period for reasons unconnected to misuse, you must notify us in writing with a description of the fault and return the Goods for assessment. We will repair or replace (at our option) with the same or superior Goods and shall have no further liability. If the Warranty has expired, repairs/replacements may be chargeable. 13.3 Your sole remedy is as set out in the Warranty conditions and applicable law. 13.4 We must be afforded a reasonable opportunity to inspect/test Goods. Goods must be returned securely packed and carriage paid. 13.5 No liability applies where claim procedures were not followed. 13.6 Warranty excludes wear and tear, negligence, abnormal conditions, failure to follow instructions, misuse, unauthorised alterations/repairs, water damage, impact damage, power surges, tampering with serial numbers/seals. 13.7 For products requiring installation (e.g., smart switches, in-wall devices, fixed smart fittings), professional installation by a qualified technician/electrician is strongly recommended. Damage from incorrect installation voids warranty. 13.8 Standard warranty is 6 months unless a product page or label states otherwise. 13.9 Confirm compatibility before purchase (app/platform, Wi-Fi/Zigbee, hub requirements, voltage rating, device limitations). Contact us if unsure. 13.10 Returns under warranty may require a reference number and may be subject to supplier/manufacturer testing before approval. 13.11 Some manufacturers do not accept returns on electronics once opened/used; electronics are sensitive and may fail due to external conditions beyond the product itself. Supporting evidence may be required. 13.12 Goods must be returned within 5 days where applicable to the return request window. We reserve the right to refuse late returns. 13.13 “Change of mind / found cheaper elsewhere” returns are not permitted where excluded by law or policy. 14. REFUNDS POLICY 14.1 When you return Goods to us: 14.1.1 If you cancelled under clause 5, we process the refund (credit note) within 30 days. We refund the price of Goods, excluding delivery to you. You pay return shipping. 14.1.2 If Goods were correctly supplied, they must be unused, in original packaging, and resalable. A 20% restocking fee applies. Refunds must be returned via the same method as purchase. 14.1.3 If Goods were incorrectly supplied and returned new within 5 days with proof of purchase, we will refund, exchange, or replace. 14.1.4 For any other reason, we inspect and advise in writing/email whether a refund is approved. Goods must be unused, in original packaging, with documentation/accessories; where applicable, sealed packaging rules apply. 14.2 Refunds are processed via the original payment method. 14.3 Special Orders (non-stock/custom): non-refundable except at our discretion or within the Cooling-Off Period where applicable. We may apply a 25% restocking fee. 14.4 International Orders: delivery 14–30 working days; delays due to courier/customs are outside our control; no refunds if held indefinitely by customs/excise. 28. OUT OF STOCK ITEM 28.1 We stock a large catalogue. If you purchased an item shown as in stock that later becomes unavailable, we may source within seven (7) days failing which we may cancel the sale and refund within 7 days. 30. CUSTOMER PRIVACY 30.1 We take reasonable steps to protect personal information of users as defined in PAIA. 31. PAYMENT OPTIONS ACCEPTED 31.1 We accept Visa, MasterCard, Diners or American Express Cards, or bank transfer into our bank account (details provided on request). 32. CARD ACQUIRING AND SECURITY 32.1 Card transactions are acquired via PayGate CC (DPO PayGate). Encryption used is SSL3 and no card details are stored on our website. 33. CUSTOMER DETAILS SEPARATE FROM CARD DETAILS 33.1 Customer details are stored separately from card details, which are entered on DPO PayGate’s secure site. 34. MERCHANT OUTLET COUNTRY AND TRANSACTION CURRENCY 34.1 Merchant outlet country is South Africa. Transaction currency is South African Rand (ZAR). 35. RESPONSIBILITY 35.1 We take responsibility for all aspects relating to transactions including sale of Goods and Services on this website, customer service/support, dispute resolution, and delivery of Goods. COUNTRY OF DOMICILE This website is governed by the laws of South Africa and we choose as domicilium citandi et executandi: 102 Van Riebeeck Avenue, Edenvale 1609 and 157 Blaauwberg Street, Table View, Cape Town. ERRORS AND OMISSIONS EXCEPTED (E&OE) We have a large catalogue and errors may occur. We reserve the right to correct mistakes. We do not accept financial loss claims relating to such errors. If the picture does not correspond with the description and price, the description and price will take precedence. VARIATION We may change this agreement or any part thereof at any time without notice. COMPANY DETAILS 102 Van Riebeeck Avenue, Edenvale, Johannesburg, South Africa Telephone: 0877007231 / 0813577049 / 0685652814 157 Blaauwberg Street, Table View, Cape Town, Western Cape, South Africa Telephone: 0872657686