1. ACCEPTANCE OF TERMS

Welcome to PCBunny. The following terms of use ("Terms") govern the use of the PCBunny.co.za website ("Website"). Read these terms carefully before You ("You") accept these Terms by: (a) placing an order through PCBunny.co.za, or (b) otherwise using the Website. If You do not agree with all of these Terms, do not use this Website.

PCBunny.co.za ("PCBunny") is the owner and operator of PCBunny.co.za. The Terms are entered into by and between PCBunny and You. Any reference herein to PCBunny shall be deemed to refer to PCBunny and/or PCBunny.co.za, as applicable under the circumstances. The products offered for sale and other on-line resources accessible via PCBunny.co.za, are provided to You, subject to the Terms. Unless explicitly stated otherwise, the Terms will govern Your use of any new features that augment or enhance the Website.

2. LAW

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.

3. GENERAL

a)    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 PCBunny.co.za  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.

b)    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.

c)    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.

d)    Any waiver of any rights in terms of these Terms and Conditions of Use by any party must be in writing to be effective.

e)    For the purpose of any action against the user, a Certificate by PCBunny.co.za as to the amount owing by the user to PCBunny.co.za 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.

f)     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.

g)    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 PCBunny.co.za  

h)    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.  PCBunny.co.za, however, reserves the right to institute action or proceedings in any other competent court.

This Agreement, including any of PCBunny.co.za’s rights and obligations in terms of this agreement, is fully transferable by PCBunny.co.za and shall inure to the benefit of any transferee or other legal successor nominated by the PCBunny.co.za  in writing.

4. INTELLECTUAL PROPERTY RIGHTS

a)    Copyright 2009 © PCBunny. All rights not expressly granted are reserved. To obtain permissions for the commercial use of any content on this site contact our Admin Manager at our e-mail address info@PCBunny.co.za .

b)    Users may download, view and print content from this site for private and non-commercial purposes only.

c)    All moral rights of PCBunny and its employees/agents are reserved.

d)    PCBunny cannot screen or edit all the content available from the PCBunny site and does not accept any liability for illegal, defamatory or obscene content. Users are encouraged to inform PCBunny of any content that may be offensive or illegal.

All the content, trademarks and data on this web site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to PCBunny and as such are protected from infringement by local and international legislation and treaties.

5. YOUR CONDUCT

You agree to use PCBunny.co.za only for lawful purposes. You are prohibited from posting on or transmitting through PCBunny.co.za any Content that violates or infringes anyone's intellectual property rights (including copyrights, trademarks, trade secrets, patents, publicity rights or (to the extent protectable) confidential ideas) or that is obscene, obscene as to minors, child pornography, defamatory, racist, lewd, lascivious, filthy, excessively violent, harassing, or otherwise deemed by PCBunny to be harmful or objectionable, or that intentionally or unintentionally violates any applicable local, national or international law, or any regulations having the force of law.

6. USE OF WEBSITE

a)    You are responsible for anything you transmit or receive via our Website.

b)    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.

c)    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.

d)    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.

e)    You are responsible for the use of your account with us by whomsoever, including minors.

f)     The user is truthful in the information disclosed to PCBunny.co.za  on the Website or otherwise and agrees to what he or she is ordering via this Website and agrees to pay for it.

g)    The user agrees to use the site as per the instructions. 

h)    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.

i)      The user agrees to any purchase policy associated with the item purchased and which might be subscribed by either PCBunny or the manufacturer.  This include, but is not limited to, warranty and guarantees, shipping and returns.

7. COMMENTS, COMMUNICATIONS AND OTHER CONTENT

All comments, communications, ideas, and other content disclosed, submitted or offered to PCBunny on or by this Website or otherwise disclosed, submitted or offered in connection with Your use of this Website (collectively, the "Comments") shall be and remain PCBunny's property. Such disclosure, submission or offer of any Comments shall constitute an assignment to PCBunny of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, PCBunny will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. PCBunny is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that no Comments submitted by You to the Website will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by You to the Website will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.

8. LINKS

The Website may provide, or third parties may provide, links to other Internet sites or resources. Because PCBunny has no control over such sites and resources, You acknowledge and agree that PCBunny is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. PCBunny will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

This Website may be linked to other websites that are not under the control of and are not maintained by PCBunny. PCBunny is not responsible for the content of those sites. PCBunny is providing these links to You only as a convenience, and the inclusion of any link to such sites does not imply endorsement by PCBunny of those sites.

9. YOUR ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. PCBunny does sell products for children, but it sells them to adults, who can purchase by direct bank deposits or by Electronic Funds Transfer (EFT).No cheques are allowed. If you are under 18, you may use PCBunny only with involvement of a parent or guardian. PCBunny and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. 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 accordingly immediately.

10. TERMS APPLYING WHEN PURCHASING PCBunny.co.za PRODUCTS VIA THIS WEBSITE

a)    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 7 will also be binding on you when placing an order.

b)    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.

c)    PCBunny.co.za 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.

d)    The product or products that you order are those you have chosen by clicking on the "Add to Cart" link, which products will then be listed in the Shopping Cart (the "Items").

e)    An agreement of sale between PCBunny.co.za  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:

v  PCBunny.co.za  bank statement reflects an electronic funds transfer from or on behalf of the specific user;

v  A cleared direct deposit by or on behalf of the user is reflected on the PCBunny.co.za  bank account.

f)     Notwithstanding the above PCBunny 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.

g)    PCBunny has the right to cancel any order and refund the user for monies already paid, with or without reason.

h)    The price of each product is displayed with the product.

i)      PCBunny.co.za  shall endeavour to provide the correct price with each item sold but in the event of errors occurring PCBunny.co.za  will not be obliged to sell the product at the incorrect price.  Under these circumstances PCBunny.co.za  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.

j)      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.

k)    PCBunny.co.za  and the user will be deemed to have agreed to the price once the order has been updated to the "Shipped" status.

l)      All prices agreed to is subject to the availability of stock.

m)  The purchase price can be paid by direct deposit or electronic bank transfer.

n)    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 PCBunny.co.za  have contracted with.

o)    PCBunny.co.za have agreements with shipping and delivery agents.  Risk of loss in respect of all items purchased through this Website will pass from PCBunny.co.za  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 PCBunny.co.za  to such shipping or delivery agent on receipt of such Items by the shipping or delivery agent.

p)    If you are not entirely satisfied with the Items purchased and you inform PCBunny.co.za accordingly within 24 hours of delivery of the Items and return the Items within 3 (three) days from date of delivery in the same condition as delivered (including the Packaging Material) to PCBunny.co.za, PCBunny.co.za in its sole discretion may refund you with the purchase price or give you PCBunny.co.za Products equivalent to the value of those Items.

q)    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.

r)     In the event of PCBunny.co.za  supplying an incorrect item or if the item is defective due to manufacturing faults, the user must inform PCBunny.co.za  within 24 hours of receipt thereof and return the item within seven days of receipt thereof to PCBunny.co.za   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 PCBunny.co.za   In the event of replacement not being possible PCBunny.co.za  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, PCBunny.co.za may in its sole discretion either replace such items or refund the user with the purchase price.

s)    In the event of you requiring a product that is not listed on our website kindly contact PCBunny.co.za  for us to consider your needs and assist you as far as possible.

t)     By accepting these terms and conditions of use you authorise PCBunny.co.za  to perform any credit-worthiness check on you.

u)    You indemnify PCBunny.co.za  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.

v)    In the event of action being instituted against PCBunny.co.za  due to a user’s actions with regard to any aspect of the Website and or item purchased, the user hereby indemnifies PCBunny.co.za  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.

w)   In the event of the user breaching any of the terms or conditions of this agreement and PCBunny.co.za  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.

x)    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.

y)    If you are under the age of 18 we draw your attention to clause 9 above ("YOUR ACCOUNT").  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.

 

z)  You acknowledge and agree that PCBunny.co.za shall not be responsible for any misunderstandings on your side regarding the look and feel of the product with purchases of any product from PCBunny.

NB: Pictures of products do not necessarily depict the actual product listed.

Prices are subject to change without prior notice as and when required, and are usually linked to changes in the Rand / Dollar exchange rate.

We do not keep products in stock, and only obtain the stock once an order is placed.

If there is a large change in the product cost change, we will notify the customer of the price change and the customer will have the choice to cancel or continue the transaction. While this is quite rare, please be aware that it is still possible due to the nature of this market and the large range of products we offer.

12. INDEMNIFICATION

You agree to indemnify and hold PCBunny, and its subsidiaries, affiliates, officers, agents, co-branders, or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the use of the Website.

13. WARRANTIES

a)    You warrant the correctness of all information and instruction given by you to PCBunny.co.za

b)    PCBunny.co.za  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.

c)    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 PCBunny.co.za within two (2) days of invoice.  PCBunny will report the defect to the manufacturer and assist the user in negotiations with the manufacturer but can PCBunny.co.za not be held responsible for such defect.  The user’s claim resulting from such defects shall be against the manufacturer directly.

14. RETURNS POLICY:

a)    All items bought from PCBunny.co.za have a 1 year warranty unless otherwise stated.

b)    If an item is bought from PCBunny.co.za and arrives DOA (dead on arrival) we will refund the customer the full amount or swap the item out for another. We require customers to contact us within 24 hours of receiving the item/s for this policy to be in affect. In this case we will require all merchandise such as cables, manuals, CD’s and brochures etc that came with the product to be sent back with the product purchased. If there are any items missing we have the right to refuse a refund until the said items are returned. Failing which we will pass the items on to the respective suppliers for recommendation.

c)    If an item fails within 3 days of purchase we will refund the customer the full amount or swap the item out for another as stated above. There will however be a 20% handling and restocking fee applicable on these items.

d)    We do not refund any software and games that has been opened or tampered with.

e)    All items being shipped back to PCBunny.co.za must please be well packaged and clearly marked with your return address as well as order number on the outside of the box. We recommend insuring the item/s.

f)     All of the product's supplied through PCBunny use well-established supplier chains in South Africa, unless otherwise stated.

g)    All warranties are supplied by the manufacturer of the product through the supplier, and not by us. Please check your warranty information from the relevant manufacturer.

h)    Our suppliers have the final decision on any warranties and we must uphold their decisions.

i)      If you cancel an order you have already paid for (For which there was stock available), you will be liable for our bank charges including any credit card commissions payable by us with 10% handling fees.

j)      If you cancel an order you have paid for where the supplier has already been paid by us, then you will be given credit with PCBunny and a cash refund will NOT be given.

k)    The delivery fees for items sent back to us must be paid by the customer.

l)      The inherent nature of components means that we understand that faults do occur that remain undetected until first used.

m)  We want your experience with us to be as pleasant as possible, and will strive to do what we can in these circumstances.

n)    We cannot accept returns after 3 days from the date of purchase.

15. PRIVACY

PCBunny may electronically collect, store and use the following customer information:

a)    Name and Surname

b)    Email Address

c)    Address

d)    IP Address

e)    Non-personal Cookies

f)     This information is used for:

g)    Greeting

h)    Eletronic communication (only with consent)

i)      Transacting

j)      Statistical, non-personal browsing habits

k)    PCBunny will not disclose any personal information with third parties.

Look at the Privacy Policy for more details.

16. ELECTRONIC INVOICES

You hereby agree to accept your tax invoices and other tax documents in electronic form, whether it be emailed or be available for download on the website.

17. ECT Act

The ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT of 2002 can be downloaded from here: http://www.info.gov.za/gazette/acts/2002/a25-02.pdf

18. SYSTEM AVAILABILITY

PCBunny.co.za  strives to give 24- hour-a-day service every day of the year. PCBunny.co.za  does not warrant, however, that the Website will be available each and every time you attempt to access it or use the Services. PCBunny.co.za  reserves the right to suspend the operation of the Website.

19. VERIFICATION

a)    You acknowledge and agree that PCBunny.co.za  shall be entitled to verify the identity of any person placing an order via this Website for any PCBunny.co.za  Products. PCBunny.co.za  will not be bound to carry out any order until it has verified the identity of the person lacing the order.

b)    You acknowledge and agree that PCBunny.co.za  shall be entitled to establish the authenticity of any communication transmitted to it by way of the Internet that purports to emanate form you. You agree that all instructions, orders, consents, commitments and any other communications which purport to emanate from you and which are sent to PCBunny.co.za  by way of the Internet and which may (as a result of interception, equipment malfunction, the distortion of communication links or any other reason whatsoever) be different from the details actually sent or given, or may not have been given by you at all, shall be deemed to have been given by you in the form actually received by PCBunny.co.za  and you will be bound by such details with no liability of whatever nature attaching to PCBunny.co.za .

c)    You waive any rights you may have or obtain against PCBunny.co.za  arising directly or indirectly or indirectly from any loss or damage of whatsoever nature which you may suffer as a result of the fact that PCBunny.co.za  acts on your instructions or instructions purporting to emanate from you. You agree to and hereby indemnify PCBunny.co.za  against all and any claims, liabilities, losses, costs, fines, damages, and expenses incurred (whether directly or indirectly) by you, arising as a result of the fact that PCBunny.co.za  has acted on your instructions or instructions which purport to emanate from you.