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Terms and Conditions

1. Terms of use of the ESQUIRE Technologies PTY Ltd website

Agreement

ESQUIRE Technologies PTY Ltd and its affiliates (suppliers and service providers) provide their services to you subject to the conditions detailed in this agreement. By using the ESQUIRE Technologies PTY Ltd website and/or registering to shop on ESQUIRE Technologies PTY Ltd you confirm that you have familiarized yourself with the terms and conditions governing the conduct of parties accessing or using the ESQUIRE Technologies PTY Ltd website to trade and that you agree to be bound by these terms and conditions.

Your access to the ESQUIRE Technologies PTY Ltd website and use of any services provided by ESQUIRE Technologies PTY Ltd including any purchases made by you from ESQUIRE Technologies PTY Ltd are subject to terms and conditions established under the following headings.

Terms of Use of ESQUIRE Technologies PTY Ltd Website
Terms of Trade with ESQUIRE Technologies PTY Ltd
Privacy and Security Statement
Intellectual Property Statement
Dispute Resolution
Compliance with statutory consumer protection provisions

Terms of Use of ESQUIRE Technologies PTY Ltd Website

ESQUIRE Technologies PTY Ltd grants you a limited license to access and make personal use of the ESQUIRE Technologies PTY Ltd website. You are not allowed to modify (other than page caching) the website or any portion thereof without the prior written consent of ESQUIRE Technologies PTY Ltd.

This license does not permit any resale or commercial use of the ESQUIRE Technologies PTY Ltd website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the ESQUIRE Technologies PTY Ltd website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the ESQUIRE Technologies PTY Ltd website so long as the link does not portray ESQUIRE Technologies PTY Ltd, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any ESQUIRE Technologies PTY Ltd logo or other proprietary graphic or trademark, or those of their affiliates, as part of the link without prior written permission of the owner of the graphic or trademark.

ESQUIRE Technologies PTY Ltd may provide links from the ESQUIRE Technologies PTY Ltd website to other websites which may offer services to you and is not responsible for evaluating the content or offerings made on these websites.

2. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

YOU EXPRESSLY AGREE THAT YOUR USE OF THE ESQUIRE Technologies PTY Ltd WEBSITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY SOUTH AFRICAN LAW, ESQUIRE Technologies PTY Ltd DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ESQUIRE Technologies PTY Ltd WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE ESQUIRE Technologies PTY Ltd WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

Applicable law

The ESQUIRE Technologies PTY Ltd website and all communications and transactions concluded using the website, are governed by, and you agree to, the application of the laws of the Republic of South Africa. As the website is targeted at South African citizens and residents any limitations on implied warranties or the exclusion or limitation of certain damages which may be applicable under the laws of any other jurisdiction are expressly waived by you.

3. TERMS OF TRADE WITH ESQUIRE Technologies PTY Ltd

Invitation to do business

Only when ESQUIRE Technologies PTY Ltd has accepted your offer to purchase and the acceptance is communicated to you, will an enforceable agreement of sale be transacted.

Despite our best efforts, a small number of the products or services offered on the website may be mis-priced. If we discover a mis-pricing, we will do one of the following:

If the correct price is lower than our stated price, we will charge the lower amount.
If the correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before accepting your order or notify you that the order has not been accepted.

IMPORTANT:If any products or services are supplied and delivered to you directly by, or through, a third party, even though access to the products and services is gained through the ESQUIRE Technologies PTY Ltd website, the supply of these products and services may be subject to conditions which differ from those governing the terms of trade with ESQUIRE Technologies PTY Ltd. You shall be solely responsible for ensuring that you understand and agree to the terms and conditions governing the sale of these products and services. Place and time of agreement

Agreement as to the terms of use of the ESQUIRE Technologies PTY Ltd website shall be deemed to have be accepted by you at the time that you first accessed the ESQUIRE Technologies PTY Ltd website.

Backorders

Due to the popularity of some products or services, ESQUIRE Technologies PTY Ltd may not always have any products or services ordered by you in stock. ESQUIRE Technologies PTY Ltd will accept orders for out of stock products or services to ensure that you will be the first to receive the item once it becomes available. If the products and services ordered by you are not available or only a portion is available, you may cancel the order, or re-order the quantity that is available, or place a backorder. Once the products or services become available, it will be shipped to you.

Electronic communications

When you visit ESQUIRE Technologies PTY Ltd or send e-mails to us, you are communicating with us electronically. ESQUIRE Technologies PTY Ltd will communicate with you by e-mail or by posting notices on the ESQUIRE Technologies PTY Ltd website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Registration

Registration as a purchaser is restricted to individuals who may legally enter into binding and enforceable agreements. No person under the age of 18, or not legally permitted to enter into a binding and enforceable agreement, may register as a purchaser. Any person not permitted to register as a purchaser but who does so, shall be guilty of committing a fraud and ESQUIRE Technologies PTY Ltd may take whatever legal action it deems necessary to obtain the appropriate relief.

In registering as a purchaser you are required to provide ESQUIRE Technologies PTY Ltd with, complete and accurate information about yourself and you warrant that the information provided is correct.

If you are in breach of, or ESQUIRE Technologies PTY Ltd believes that you may breach, any of the terms and conditions governing the use of, or trading using the ESQUIRE Technologies PTY Ltd website, ESQUIRE Technologies PTY Ltd may, in it's absolute discretion, either suspend or terminate your registration as a purchaser.

Password

You are solely responsible for ensuring the confidentiality of your password, which authenticates your identity. You acknowledge this responsibility and agree that any communication or transaction that may be made using your password, shall be attributed to you.

If you suspect that the confidentiality of your password has been compromised you should immediately advise ESQUIRE Technologies PTY Ltd of this fact by email. ESQUIRE Technologies PTY Ltd shall on receipt of the email suspend your registration pending your further instructions. You shall remain responsible for all transactions effected prior to the suspension of your registration and liable for any payments that may flow from these transactions.

4. AMENDMENT TO TERMS AND CONDITIONS

ESQUIRE Technologies PTY Ltd may amend the terms and conditions governing access to the ESQUIRE Technologies PTY Ltd website as well as trade using the website.

5. PRIVACY AND SECURITY STATEMENT

ESQUIRE Technologies PTY Ltd knows that you care how your personal information may be collected, processed and used; we appreciate your trust that ESQUIRE Technologies PTY Ltd will do so carefully and sensibly.

The information provided by you helps us personalize and continually improve your shopping experience at ESQUIRE Technologies PTY Ltd. Here are the types of information we gather.

Automatic Information:ESQUIRE Technologies PTY Ltd receives and stores certain types of information whenever you interact on the ESQUIRE Technologies PTY Ltd website or communicate with ESQUIRE Technologies PTY Ltd by email. For example, like many Web sites, we use "cookies," and we obtain certain types of information when your web browser accesses ESQUIRE Technologies PTY Ltd.
Information You Give Us: We receive and store information you enter on the ESQUIRE Technologies PTY Ltd website or that you may provide to ESQUIRE Technologies PTY Ltd in any other manner. Certain of the information provided on registration is mandatory to assist us in ensuring that the communications and transactions entered into with you may be completed effectively and lawfully.
E-mail Communications: To help us make e-mails more useful, we may receive a confirmation when you open e-mail from ESQUIRE Technologies PTY Ltd, if your computer supports such capabilities.

By providing the information to ESQUIRE Technologies PTY Ltd you consent to ESQUIRE Technologies PTY Ltd collecting maintaining, storing and processing the information, provided that ESQUIRE Technologies PTY Ltd shall:

not disclose your personal information to a third party other than to effect the transactions agreed to in using the ESQUIRE Technologies PTY Ltd website without obtaining your express consent to do so;
only disclose your personal information, without your consent, if legally required to do so;
be entitled to use the information provided by you to compile statistical or aggregated information in such a way that you may not be identified.

While ESQUIRE Technologies PTY Ltd and its affiliates shall take commercially reasonable care to safeguard the information provided by you to ESQUIRE Technologies PTY Ltd from unauthorized access or disclosure, ESQUIRE Technologies PTY Ltd does not represent or guarantee that the safeguards will provide absolute protection.

6. INTELLECTUAL PROPERTY STATEMENT

Copyright in any information or trade marks displayed anywhere on the ESQUIRE Technologies PTY Ltd website are protected by worldwide copyright laws and treaty provisions. The copyright of these materials is held by ESQUIRE Technologies PTY Ltd, or by the original creator of the materials, or by suppliers and service providers to ESQUIRE Technologies PTY Ltd.

7. DISPUTE RESOLUTION

Any dispute arising out of or in connection with this agreement including any question regarding its existence, validity or termination, will be resolved in accordance with the law of South Africa. The language used during the dispute resolution process will be English. For the purposes of any arbitration:

you choose the email address chosen by you in registering as a purchaser; and
ESQUIRE Technologies PTY Ltd chooses sales@esquire.co.za

By using the ESQUIRE Technologies PTY Ltd website and accepting the conditions of use of the website and trade conducted using the website you bind yourself to the terms of arbitration provided in this agreement.

8. COMPLIANCE WITH STATUTORY CONSUMER PROTECTION PROVISIONS

ESQUIRE Technologies PTY Ltd adheres to the provisions of Chapter VII of the Electronic Communications and Transactions Act 25 of 2002 (“the Act”). Chapter VII of the Act provides protection to consumers and the provisions of the Act relevant to commercial transactions that may be effected on the ESQUIRE Technologies PTY Ltd website, as well as the information required in terms of the Act, are provided for your reference.

Return of products or cancellation of service agreements

ESQUIRE Technologies PTY Ltd shall, subject to the exclusions provided for below and the provisions relating to any return of products or cancellation of a service agreement, allow the return of products or cancellation of a service agreement, within seven days of the date of receipt by you of the products or the conclusion of an agreement to provide services. Exclusions from return of products or cancellation of service agreements

The provisions of this agreement relating to the return of goods and cancellation of any agreement to provide services shall not apply if:

any products and services are acquired by auction;
to services which commenced with the customers consent, (either express or implied) prior to the expiry of the seven day period;
where the price of the products or services depends on fluctuation in financial markets beyond the control of ESQUIRE Technologies PTY Ltd;
where the products are personalised or made to the customers specifications;
where the products by reason of their nature cannot be returned;
if audio, video recordings or any form of computer software are either used or if supplied other than in digital form, if the seal on the storage media is broken;
the sale of reading material in whatever form.

Customers obligations on return of products and services

If a customer cancels any transaction in respect of which delivery of the products or services (to the extent that the may be returned) have been delivered, within seven days of the receipt of the products or services, the customer shall return to ESQUIRE Technologies PTY Ltd or it’s authorised agents, the products, undamaged in any manner, together with all packing materials and documentation delivered by ESQUIRE Technologies PTY Ltd or its agents, to the customer as well as a written indication of the customers choice to cancel the transaction.

The customer shall refund to ESQUIRE Technologies PTY Ltd all direct expenses incurred by ESQUIRE Technologies PTY Ltd or it’s authorised agents, in the delivery of the products and services ordered by the customer, as well as the direct expenses incurred by ESQUIRE Technologies PTY Ltd or it’s authorised agents in accepting return of the products and cancellation of the provision of services, arising as a result of the return of the products or cancellation of the services ordered by the customer.

ESQUIRE Technologies PTY Ltd’s obligations on return of the products and services

Within thirty days of return of the products or receipt of notice of cancellation of the agreement to deliver services ESQUIRE Technologies PTY Ltd or it’s authorised agents shall refund to the customer any amounts paid by the customer less any amounts due by the customer to ESQUIRE Technologies PTY Ltd as provided for above.

Disclosures in terms of section 43 of the Act: The following information is made available to you in compliance with Section 43 of the Act.

Full name and legal status of website owner:ESQUIRE Technologies PTY Ltd is the trading name and is wholly owned by ESQUIRE Technologies PTY Ltd a company duly incorporated in terms of the company laws of South Africa.

Click here to view company details

Self regulatory or accreditation body: none.

Address for service of all legal documents: same

Description of Services: ESQUIRE Technologies PTY Ltd provides access to a variety of products and services that may be purchased online all of which are, or will be, described on the ESQUIRE Technologies PTY Ltd website.

Price of goods: Prices are displayed in the website and are subject to ESQUIRE Technologies PTY Ltd rights in respect of any mis-pricing stipulated in the clause dealing with Invitation to do business above. All prices of products and services displayed on the ESQUIRE Technologies PTY Ltd website are exclusive of Value Added Tax.

Payment:Payment terms and manner of payment are stipulated in the clause dealing with payment above.

Terms and conditions governing this agreement: The full Terms and Conditions applicable to the access and use of the services provided on the ESQUIRE Technologies PTY Ltd website and any amendments thereto, shall at all times be available on the Website, save to the extent that they may be varied in writing by the parties. These terms may be accessed on this Website, downloaded and stored, or reproduced at any time.

Delivery of products or services: The anticipated time of delivery of any products or services, purchase using the ESQUIRE Technologies PTY Ltd website shall be indicated at the time that any order is accepted by ESQUIRE Technologies PTY Ltd

Transaction records and history: A full record of transactions effected using ESQUIRE Technologies PTY Ltd shall be available to the user for a period of 14 days from delivery of the products or services to the purchaser by ESQUIRE Technologies PTY Ltd or it’s agents.

Dispute resolution: The provisions governing Dispute Resolution are stipulated under the clause Dispute Resolution above.

Privacy and Security: The provisions governing Privacy and Security are provided for under the clause Privacy and Security above.

Minimum duration of Agreement: There shall be no minimum duration of agreements entered into between users and registered purchasers to use the ESQUIRE Technologies PTY Ltd website. All agreements shall endure indefinitely subject to either parties rights to terminate the agreement. The termination of the agreement by either party shall be without prejudice to any rights between the parties existing at the time of the termination, which shall endure beyond the date of termination.

Our warranty terms and conditions

Warranty on products is stated on the pricelist. If you not sure on a warranty of a product call your sales team to confirm.

Defective or dead on arrival products will only be accepted in original packaging. Defective or dead on arrival products must be returned with a detailed fault report and the original invoice.

Esquire does not collect or deliver warranties.

Warranty is only applicable to the reseller and not transferable the end user client.

Warranty period is calculated from original date of purchase

Very important: No warranty items will be accepted without the original invoice, packaging, manuals, accessories and software, or if not enclosed in its anti-static protection when brought back. No items will be released without the original cro document.

All defective products must first be tested by an esquire technician before a replacement is issued.

Software, media, consumables, cables and cartridges do not carry any warranty.

All power adaptors, Notebook batteries, ups batteries, power supplies, projector lamps and remotes carry a 3 month warranty.

Under no circumstances will Esquire load any unauthorised /pirate software on any system

Unfortunately no cash refunds will be issued for a product that is defective.

Esquire will not be held responsible for cables, software, and packaging or stands lost once booked in.

According to iso 13406-2 standard LCD monitors that have less than five dead pixels will not be swopped out. Warranty on products such benq, hp, Epson and canon must be taken to the appointed service centers.

No credits will be issued if items are available in stock. Items may at times be brought in from another Esquire branch.

Any repair time given by esquire is merely estimated and esquire will not be bound by it

Esquire is not liable for any loss of data on any pc or notebook that is brought in for repairs. Please ensure back ups have been done by you

No items will be released without the original CRO document.

No credits or exchanges will be allowed on all purchases, unless the item is tested faulty and there is no stock available. (This includes compatibility issues)

If a credit note is authorised and passed then the credit passed will be the lesser amount of 70% of the current selling price, or 70% of the original purchase price, whichever is lower, provided the goods are in resalable condition, including manuals, software and packaging. PC and notebooks (COD clients) for assembly must be paid for in full before being assembled

PC and notebooks (account clients) which are for assembly and not collected will incur a handling fee of R350.00 excl. Quote rejection fee of R250.00+vat will be charged for items brought in for repairs. Trading hours Monday-Friday 8H00 to17h00 and Saturdays 9h00 to13h00 at all ESQUIRE branches countrywide. No goods will be dispatched without positive identification for goods bought on account or by paying cheques.

For more information on our trading terms and conditions refer to the reserve side of our pre-printed invoices and whilst every effort has been taken to ensure accuracy in compiling this price list, no liability can be accepted for errors or omissions E&OE, (errors and omissions excepted)

All logo's and brand names are registered trademarks of their respective owners and are acknowledged as such.

Procedure To Follow If A Product Purchased From Esquire Is Found To Be Defective:

Should a product be defective within the 48 Hours of purchase, it will be replaced immediately after being tested depending on the product as certain items do not qualify for swop-out and will be repaired by our technical staff.

Should a product be defective after the 48 Hours of purchase a 7 to 14 working days is required before the items is repaired or replaced.

Items below are excluded from the 48 hour turn around time.

Items such as Monitors, Power supply's, speakers, scanners, UPS's, CD-ROMs, DVD’s, CD-RW’s printers, etc that can be repaired will not be swopped out.

Notebooks, desktops & printers will not be swopped out immediately and are required to be taken or sent by courier to their respective service centers even if they are D.O.A as the service centers provide for DOA's.

Esquire will not accept any HP or BenQ product. All faulty or DOA Items have to be taken to the Authorised Repair Centre, Let Me Repair for any claims to be handled. Customers have to provide the Original invoice when booking in items at Let me Repair.

Please enquire about items that are required to be returned to authorised repair centres.

Please take note that there will be a handling fee of R150 excl VAT charged per item if Esquire is required to take these items to their respective ARC's (Authorised Repair Centre). Esquire is not responsible for any delays that might be inflicted by the ARC's (Authorised Repair Centre).

A minimum fee of R150.00+Vat per hour will be charged on fault finding, bios flash/upgrades, software faults and virus removals

A minimum fee of R150.00+Vat per hour will be charged on esquire pc that warranty seals have been broken.

The Following Will Result In A Product Declared Warranty Being Null And Void:

Physical Damage on the product

Burn marks on the product

Missing serial number or any other original labels

Tampered or broken seals from an esquire pc.

Items such as CPU's that have overheated due to incorrect use of fan, over clocking -No exceptions will be made.

Items such main boards that have been damaged by incorrect use of Bios upgrades and over clocking and modifications and damaged Pins

Items that have been mishandled, damaged due to Power surges, "Brown outs" or struck by lightening will not be even be tested or booked in

Items that have been marked, written on or tampered with in any other way.

Items such as hard disk drives, memory, processors and Vga cards etc, even if they are defective, are not brought in an antistatic bag or in the original packaging.