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Terms and Conditions

Agreement

Thank you for visiting our website.

cybertrek.co.za provide their services to you subject to the conditions detailed in this agreement. By clicking on hyper-links on our site and/or registering to shop on Cybertrek.co.za you confirm that you have familiarized yourself with the terms and conditions governing the conduct of parties accessing or using the Cybertrek website to view, trade and/or purchase goods and that you agree to be bound by these terms and conditions.

Should you not agree to the terms and conditions stipulated here you may not use the Cybertrek.co.za website for shopping, trade, viewing or any other purpose.

Terms of Use of Cybertrek (www.cybertrek.co.za) Website

Cybertrek (www.cybertrek.co.za) grants you a limited license to access and make personal use of the Cybertrek (www.cybertrek.co.za) website for trading purposes only. You are not allowed to modify (other than default browser page catching) the website or any portion thereof without the prior written consent of Cybertrek (www.cybertrek.co.za).

The Cybertrek (www.cybertrek.co.za) website or any portion of the Cybertrek (www.cybertrek.co.za) website, may not be reproduced, duplicated, copied, sold, resold, visited, printed or otherwise used for any commercial or private purpose without the prior written consent of Cybertrek (www.cybertrek.co.za). You may not download, print or save any portion of our website for any reason without prior written consent of www.cybertrek.co.za

You may not link, frame, utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Cybertrek (www.cybertrek.co.za) without prior written consent from www.cybertrek.co.za.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to any page of the Cybertrek (www.cybertrek.co.za) website so long as the link does not portray Cybertrek (www.cybertrek.co.za), or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Cybertrek (www.cybertrek.co.za) 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.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE CYBERTREK (WWW.CYBERTREK.CO.ZA) WEBSITE IS PROVIDED BY CYBERTREK (WWW.CYBERTREK.CO.ZA) ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER CYBERTREK (WWW.CYBERTREK.CO.ZA), NOR ITS DIRECTORS, EMPLOYEES, OFFICERS, SUPPLIERS, OR SERVICE PROVIDERS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE CYBERTREK (WWW.CYBERTREK.CO.ZA) WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE CYBERTREK (WWW.CYBERTREK.CO.ZA) WEBSITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY SOUTH AFRICAN LAW, CYBERTREK (WWW.CYBERTREK.CO.ZA) ITS DIRECTORS, EMPLOYEES, OFFICERS, SUPPLIERS, OR SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CYBERTREK (WWW.CYBERTREK.CO.ZA) DOES NOT WARRANT THAT THE CYBERTREK (WWW.CYBERTREK.CO.ZA) WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM CYBERTREK (WWW.CYBERTREK.CO.ZA) ARE FREE OF VIRUSES OR OTHER HARMFUL CODE. CYBERTREK (WWW.CYBERTREK.CO.ZA) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE CYBERTREK (WWW.CYBERTREK.CO.ZA) WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

IN NO EVENT SHALL CYBERTREK (WWW.CYBERTREK.CO.ZA), ITS DIRECTORS, EMPLOYEES, OFFICERS, OR ITS SUPPLIERS OR SERVICE PROVIDERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE CYBERTREK (WWW.CYBERTREK.CO.ZA) WEBSITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). THE LIABILITY OF CYBERTREK (WWW.CYBERTREK.CO.ZA), ITS DIRECTORS, EMPLOYEES, OFFICERS, SUPPLIERS, AND SERVICE PROVIDERS TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO R2 000.00 (TWO THOUSAND RAND).

Money-back Guarantees and warranties:

cybertrek.co.za does not offer a money-back guarantee on any product.

Warranty Disclaimer and Limitations on Liability:

cybertrek.co.za PASSES THROUGH TO ITS CUSTOMERS ALL MANUFACTURERS WARRANTIES AND GUARANTEES THAT ARE PROVIDED FOR THE PRODUCTS IT SELLS. cybertrek.co.za MAKES NO ADDITIONAL OR INDEPENDENT WARRANTIES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, cybertrek.co.za DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LIKEWISE, cybertrek.co.za WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ITS CATALOG OR WEB SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. ALL MERCHANDISE IS SOLD "AS IS". PLEASE CHECK MANUFACTURER PACKAGING AND MATERIALS FOR COMPATIBILITY. cybertrek.co.za MAKES NO WARRANTY AS TO THE PERFORMANCE OF ANY MERCHANDISE SOLD. WE ARE NOT RESPONSIBLE FOR SYSTEM DOWNTIME, LOST DATA, ETC. THIS DISCLAIMER BY cybertrek.co.za IN NO WAY AFFECTS THE TERMS OF ANY APPLICABLE MANUFACTURERS WARRANTIES OR GUARANTEES

cybertrek.co.za does import most of the items it sells into South Africa, on a parallel basis.

We will support the purchaser in terms of warranty and after sales service, however the authorised South African distributor of these products is under no obligation to honour the manufacturers guarantees/warrantees or to provide after sales service. Faulty items will be inspected for manufacturer faults only. Items damaged due to standard usage and daily wear and tear will not be considered for repair. You will be liable for any international shipping and other costs that may arise from having to send an item back for repair/replacement.

Applicable law

The Cybertrek (www.cybertrek.co.za) 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 and aimed for 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, and to the extent that they cannot be waived, you shall not enter into any transactions with Cybertrek (www.cybertrek.co.za).

TERMS OF TRADE WITH CYBERTREK (WWW.CYBERTREK.CO.ZA)

Invitation to do business

The products which appear on the www.cybertrek.co.za website are displayed only as an invitation to do business and to allow you to make an offer to purchase the products or services to Cybertrek (www.cybertrek.co.za). Only when Cybertrek (www.cybertrek.co.za) has accepted your offer and the acceptance is communicated to you by changing your order status from pending/awaiting payment to processing, will an enforceable agreement of sale be transacted.

Your order will only be considered as accepted when the goods are transferred to the courier or marked as ready for collection. We reserve the right to cancel any order without prior notice until the point of delivery or collection.

The price of any products or services sold through Cybertrek (www.cybertrek.co.za) shall be confirmed on the acceptance of your order. Despite our best efforts, products or services offered on the website may be incorrectly priced. If we discover an incorrect price, we will do one of the following:

  • If the correct price is lower than our stated website price, we will charge the lower amount and refund the difference of any monies received.
  • If the correct price is higher than our stated price, we will, at our discretion, either contact you for instructions and additional payment before accepting your order or notify you that the order has not been accepted. We will refund all monies paid in full for orders that have not been accepted

    cybertrek.co.za trades with private individuals only.
    We do not offer trade discounts to dealers
    We dont quote or offer insurance, business, corporote or goverment discounts.
    The price you see is the price you pay (plus optional shipping and shipping insurance), we currently do not charge V.A.T and we do not offer V.A.T invoices.

    Place and time of agreement

    Agreement as to the terms of use of the Cybertrek (www.cybertrek.co.za) website shall be deemed to have be accepted by you at the time that you first accessed the Cybertrek (www.cybertrek.co.za) website and thereafter confirmed each time that you access the Cybertrek (www.cybertrek.co.za) website.

    Agreement to use the Cybertrek (www.cybertrek.co.za) website and those governing all transactions that may be effected using the Cybertrek (www.cybertrek.co.za) website shall be deemed to have taken place in Halfway House, Gauteng.

    All communications with Cybertrek (www.cybertrek.co.za) facilitated by the Cybertrek (www.cybertrek.co.za) website, the Cybertrek (www.cybertrek.co.za) call center, or email communicated between you and Cybertrek (www.cybertrek.co.za) shall be deemed to have been received, in the case of communications initiated by Cybertrek (www.cybertrek.co.za), when the communication leaves the Cybertrek (www.cybertrek.co.za) website or email server, and in the case of communications initiated by you, when it is received on the Cybertrek (www.cybertrek.co.za) website or email server. Acceptance by Cybertrek (www.cybertrek.co.za) of an order placed by you shall be deemed to have been made and an agreement entered into, once a product leaves the Cybertrek (www.cybertrek.co.za) premises destined for you. If only part of an order leaves our premises, only that portion of the order is deemed as accepted. Cybertrek can cancel any order at any time.

    Backorders

    Due to the popularity of some products, Cybertrek (www.cybertrek.co.za) or its agents may not always have a product ordered by you in stock. Cybertrek (www.cybertrek.co.za) will accept orders for out of stock products to ensure that you will be the first to receive the item once it becomes available. If the products and services ordered by you is not in 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 Cybertrek (www.cybertrek.co.za) or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. Cybertrek (www.cybertrek.co.za) will communicate with you by e-mail or by posting notices on the Cybertrek (www.cybertrek.co.za) 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. Further, that your acceptance of any terms or conditions applicable to the Cybertrek (www.cybertrek.co.za) website and transactions concluded using the Cybertrek (www.cybertrek.co.za) website, as well as your intent to enter into any transaction with Cybertrek (www.cybertrek.co.za), may be evidenced by any action by you from which this may reasonably be inferred.

    Registration

    Before you may make an offer to purchase any of the products or services provided by Cybertrek (www.cybertrek.co.za) it is necessary that you register as a purchaser. 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 Cybertrek (www.cybertrek.co.za) may take whatever legal action it deems necessary to obtain the appropriate relief.

    Registration as a purchaser is free and does not obligate you to purchase anything or release information such as credit card numbers or bank account details. In registering as a purchaser you are required to provide Cybertrek (www.cybertrek.co.za) with, complete and accurate information about yourself and you warrant that the information provided is correct.

    Upon acceptance of your registration, an email confirmation of your registration as a purchaser will be transmitted to you. Transmission times depend on your ISP but it typically takes less than an hour to receive the email confirmation.

    Password

    Without a valid email address (your user identification) and password, you will not be able to purchase products or services displayed on the Cybertrek (www.cybertrek.co.za) website. 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 Cybertrek (www.cybertrek.co.za) of this fact by email. Cybertrek (www.cybertrek.co.za) 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.

    Termination or suspension of registration

    If you are in breach of, or Cybertrek (www.cybertrek.co.za) believes that you may breach, any of the terms and conditions governing the use of, or trading using the Cybertrek (www.cybertrek.co.za) website, Cybertrek (www.cybertrek.co.za) may, in it’s absolute discretion, either suspend or terminate your registration as a purchaser.

    Transaction History

    The transaction history may be accessed by a registered customer on the Cybertrek (www.cybertrek.co.za) website and is provided for information purposes only. This transaction history will show purchase transactions only and will not reflect refunds or other transactions. Cybertrek (www.cybertrek.co.za) shall not retain a transaction history for a period in excess of 1 (one) year.

    AMENDMENT TO TERMS AND CONDITIONS

    Cybertrek (www.cybertrek.co.za) may amend the terms and conditions governing access to the Cybertrek (www.cybertrek.co.za) website as well as trade using the website. Cybertrek (www.cybertrek.co.za) shall, prior to the amendments of the terms and conditions, give registered purchasers and any third parties to whom this agreement may apply notice of the amendments by email, or by posting the notice of such amendments on the Cybertrek (www.cybertrek.co.za) website. If you do not agree with the amended terms you shall immediately give notice to Cybertrek (www.cybertrek.co.za) of your wish to have your registration terminated. Failure to do so will be deemed to indicate your acceptance of the amended terms and conditions.

     

    INTELLECTUAL PROPERTY STATEMENT

    Copyright in any information or trade marks displayed anywhere on the Cybertrek (www.cybertrek.co.za) website are protected by worldwide copyright laws and treaty provisions. The copyright of these materials is held either by Cybertrek (www.cybertrek.co.za), or by the original creator of the materials, or by suppliers and service providers to Cybertrek (www.cybertrek.co.za). None of the materials may be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any form or by any means other than as described by Cybertrek (www.cybertrek.co.za) or with the prior written permission by Cybertrek (www.cybertrek.co.za). All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on the www.cybertrek.co.za may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

    Payment

    Our payment of choice is via EFT - we do not recommend the use of your credit card direct due to online fraud.

    In certain circumstances we accept credit cards via the online merchants www.moneybookers.com or www.paypal.com with applicable surcharges.

    DISPUTE RESOLUTION

    Any dispute arising out of or in connection with this agreement including any question regarding its existence, validity or termination, shall be settled by the arbitration council of South Africa. For all disputes regardless of where they arise, the place of the arbitration is deemed to be Halfway House, Gauteng. The arbitration will be governed by this clause governing arbitration and the arbitration laws of South Africa. The dispute will be resolved in accordance with the law of South Africa. The language used during the dispute resolution process will be English. You also agree that cybertrek.co.za or any of its members, directors or employees shall not be required to furnish security in terms of Rule 62 of the Magistrates Court Act or in terms of Rule 47 of the Supreme Court Act 59 of 1959.

    For the purposes of any arbitration:

  • you choose the email address chosen by you in registering as a purchaser; and
  • Cybertrek (www.cybertrek.co.za) chooses admin(at)cybertrek.co.za

    By using the Cybertrek (www.cybertrek.co.za) 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.

    ADDITIONAL CYBERTREK CONTACT INFORMATION: As per chapter VII paragraph 43, South African ECA Act 2002:

    Trading name: cybertrek, sole proprietor
    Website Owner: Morning star Trust
    Date Of Ownership: 1 February 2011
    Address: Re Plot 247, Halfway House, Midrand
    International: 1901 Bradenton, FL, 34203, USA
    email: admin@cybertrek.co.za
    website: www.cybertrek.co.za
    Postal: P.O.Box 5921 Rivonia 2128
    Fax: 0866144282



  • Cybertrek online shop, Johannesburg, South Africa, Tel: 011 0213551, Fax: 086 614 4282
    Electronics, Optics, Laptops, Notebooks, Cameras, Voice Recorders, Lens, Olympus, Sony, Pentax, Bushnell, Celestron
    night vision: bushnell, yukon, flir, night owl, night optics, sightmark, scopes, monocular, binocular

    E & OE