Terms & Conditions- SoundSelect

Terms and Conditions

Please read these terms of use carefully before using this website.

Welcome to the SoundSelect Internet Website (“the site”). The site is owned and managed by SoundSelect in the Republic of South Africa

Soundselect provides this website, subject to the terms and conditions below. By using this website, you signify your agreement to these terms of use. If you do not agree to these terms of use, you may not use this website in any manner whatsoever.

These terms make reference to sections of the electronic communications and transactions act, 25 of

2002 (hereinafter “the ECT Act”), a copy of which may be obtained at http://www.internet.org.za/ect_act.html.

  1. Terms Of Use
  2. Billing & Personal Information
  3. The Ordering Process
  4. Payment
  5. Delivery
  6. Returns & Refunds
  7. Warranty & Repairs

Terms Of Use

Sales in South Africa only

Only users in South Africa may buy goods and services through the Soundselect website. Soundselect will only accept orders for delivery addresses in South Africa. Products and services sold through the Soundselect website are intended for use only in South Africa.

Age

By using the Soundselect website you are representing that you are above the age of 18 or, if you are below the age of 18, that you have the permission of your parent or guardian to use the Soundselect website and to buy goods and services through the website.

Other terms and conditions

Additional terms and conditions may apply to specific products and services that are made available through the Soundselect website and to other features that are made available on the site such as competitions. Those terms and conditions form part of these online terms and conditions and you, the client, agree that you are bound by them. If there is a conflict between these online terms and conditions and any specific terms and conditions applicable to any particular product or service or feature of the Soundselect website, the specific terms and conditions will apply.

Governing law and dispute resolution

These online terms and conditions are governed by the laws of South Africa, regardless of conflict of laws principles.

Complaints and notices

Complaints and queries should be sent by email to info@soundselect.co.za

Terms of use

Your use of this website shall at all times be subject to these terms of use, as may be amended from time to time. It is your responsibility to continually stay abreast of changes to these terms.

Limitations

The use of this website is at your own risk. Whilst we endeavor to ensure that the information on this site is accurate and complete, we make no warranties about the accuracy, reliability, completeness or timeliness of information published on this website. Images are used as guidelines only. The information on this website is intended for general information purposes only and is not intended to serve as financial, legal or other advice. To the maximum extent possible under applicable law, we disclaim liability for any claim, loss, injury or damage arising out of or in connection with the use of information and/or goods and/or services available from or trough this website, whether direct or indirect including, without limitation, any liability relating to any loss of use, interruption of business, lost profits or lost data, or incidental, special or consequential damages of any kind.

Security

In terms of section 86 of the ECT act you are notified that it is a criminal offence to gain unauthorized access to any restricted areas of this website or to otherwise interfere with the proper functioning thereof.

License

The proprietary information on this website may be downloaded or printed for your own noncommercial use only, provided you do not delete or change any copyright, trademark, or other proprietary notices, or distort or otherwise modify the proprietary information in a manner that may be prejudicial to us. All rights not expressly granted in terms of these terms of use are reserved. Any use of our proprietary information, otherwise than expressly authorized in terms hereof, may violate copyright laws, trademark laws and other regulations and statutes and create liability for criminal prosecution and/or civil liability.

Linking and framing

You may not establish a link to this website from a third party site, unless the link does not imply any association, endorsement or sponsorship by us of such website, or any products or services offered on such site; or unless the linked pages from the website are displayed without alteration of any kind. You may in particular not cause a user's web browser to display a "framed" version of this web site in response to activating a link.

Automated access

Other than bona fide public search engines, you may not access any pages in this website using any automated process or technology, including, without limitation, any web spiders, crawlers, or similar technologies.

Electronic communications

Any communication or material you transmit to us by electronic mail or otherwise, including, but not limited to any data, questions or answers, comments, suggestions, or the like, will be treated as non-confidential and non-proprietary by us, unless expressly agreed otherwise in writing. Electronic communications shall only be deemed to have been received if and when responded to in a manner, other than by way of an automated response. Information contained in electronic communications must be regarded as confidential and intended solely for the use of the intended recipient. Any un-authorized disclosure, copying, distribution or action in reliance upon the contents of this electronic communication is strictly prohibited and unlawful. Whilst we employ virus filtering, we provide no guarantees or warranties that electronic communication will be virus-free. You are accordingly advised to employ your own virus scanning tools. The views expressed in any electronic communications transmitted are those of the individual sender, unless the context clearly provides otherwise.

Enforceability

Each provision of these terms of use shall be severable from the other provisions. Should any provision be found by a court of competent jurisdiction to be invalid or unenforceable for any reason, the remaining provisions of these terms of use shall nevertheless remain binding and continue with full force and effect.

Jurisdiction

These terms of use shall be solely and exclusively governed by and construed and interpreted in accordance with the law of republic of South Africa. The parties agree that the agreement shall, for purposes of jurisdiction, have been concluded at our head office in Johannesburg.

Information disclosure

The following information of 4tune Records PTY trading as Soundselect is disclosed in terms of section 43 of the ECT Act and Section 51 of the Companies Act, 61 of 1973:-


Billing & Personal Information

In order to buy goods and services through the Soundselect website, you will need to register an online account with Soundselect. For this purpose, you will need to provide Soundselect certain personal information and billing information that will enable Soundselect to charge you for your purchases (such as your credit or debit card details). You must provide accurate and complete registration information when you register an account. You must ensure that your registration information is kept up-to-date. Any personal information or billing information that you provide to Soundselect will be used and retained in accordance with Soundselects privacy policy. The privacy policy can be accessed at [insert URL to privacy policy] and forms part of these online terms and conditions.

When you set up your account you will choose a user name and password. You will have to use these details to log in to your account. You are responsible for keeping these details confidential. You must notify Soundselect immediately if there is any unauthorized use of or access to your account. Soundselect will not be responsible for any unauthorized use of your user name and password or for any losses that you suffer as a result and you will be responsible for any purchases made using your account, where you have failed to keep your user name and password secure and confidential. You may be held responsible for any losses suffered by Soundselect or any other user of the Soundselect website as a result of your failure to keep your user name and password secure and confidential.


Payment

A purchaser may effect payment for the goods in one of the following ways:

  • Any MasterCard & Visa Instore.
  • Electronic Bank Transfer
  • Cash Deposit
  • Cash In Store
  • Mygate Credit Card Online Payment
  • Payfast Instant EFT Online Payment
  • mobicred

Payment processing

All transmissions of billing information and data through the Soundselect website are encrypted and Soundselect takes extensive steps to ensure that any transaction through the Soundselect website is secure. You accept that transactions that are performed over the internet may be vulnerable to being intercepted. Soundselect will not be liable for any interception that occurs and any loss that is suffered as a result, where Soundselect has taken reasonable steps to prevent this happening.

Once a deposit has been paid and the order placed, you will be held liable to take the chosen item even if you change your mind within 7 days. 

BANK DETAILS:

ABSA
Account Name: Soundselect
Account Number: 4073556866
Branch Name: Balfour Park
Branch Code: 632005

STANDARD BANK
Account Name: Soundselect
Account Number: 200148524
Branch Name: Bramley
Branch Code: 4005

FNB
Account Name: Soundselect
Account Number: 62115115421
Branch Name: Balfour Park
Branch Code: 212217 


The Ordering Process

 

Pricing changes

Soundselect reserves the right at any time and without giving you any advance notice to make changes to the prices of goods and services that are sold through the Soundselect website and to correct any pricing errors that may inadvertently occur. Soundselect is not liable for any typographical errors that may occur.

Back-orders

Soundselect online will from time to time allow customers to place back-orders. These back-orders are to "secure" products as soon as they are made available at Soundselect online back-orders require 100% full payment to be cleared in our system. Eft payments are subject to the standard terms and conditions of eft payments. Back-orders will be fulfilled as and when Soundselect online receive inventory from the supplier. Soundselect online will make every effort to fulfill your back-order and in the unlikely event that we cannot supply product against your back-order you will be refunded your payment. Back-orders placed online may be collected at the Soundselect store.

International Orders

Please contact us directly for any and all international sales, deliveries and questions that you may have


Delivery

Delivery and collection

All delivery chargers will be automatically calulated at the lowest possible fee as determinied by your location.

There is the option to collect from the Soundselect store. A courier company engaged by Soundselect will perform deliveries. There may be additional delivery charges for deliveries to outlaying our rural areas. Additional delivery charges may also occur in cases where the delivery item exceeds a particular size or weight. You may be required to provide a valid form of identification when your order is delivered.

Soundselect is not liable for any incorrect order or delivery where you make an error in the information that you provide to Soundselect e.g. If you provide the incorrect delivery address or submit an incorrect order. You acknowledge that the delivery of your order may be impacted by events beyond Soundselect’s control such as adverse weather conditions or industrial action. Soundselect is not liable for late deliveries of products purchased through the Soundselect website. Soundselect will, however, try to ensure a smooth delivery process. Soundselect does not do deliveries to PO Box’s. Unless we inform you otherwise, before you place your order and before the final confirmation, the estimated maximum delivery time for an order in South Africa – either door-to-door or door-to-post office counter - is 6 to 10 working days. Soundselect deliveries take place during business hours i.e. there are no deliveries over weekends or on public holidays. Please take this into consideration when selecting your delivery address.

Express Delivery, any delivery outside of main and major centers and outside of normal road freight time and charges will be additional charged for. Express, overnight, weekend, fast and outside of major/main centers deliveries will be charged for

There is insurance on the product up to R1000, the moment the product leaves our hands, we are no longer responsible and the client recognises this and takes ownership of the fact that they have waived their right to collect in person and would rather use our courier facility. Should they want to insure the product that they have purchased, they will need to request that insurance be added at their own expense t the charges.

Orders will only be dispatched once payment has cleared in Soundselect's bank account.

All purchases made via Mygate, Payfast and credit/debit cards that require a refund will be charged 2,5% on the refund.

 Order Tracking


Returns & Refunds

Terms and conditions of sale and return and refund policies

Soundselect will give store credit or exchange any online purchases within 7 days from the date of receipt as long as the item has not been used or installed and is returned in the original packaging and that the relevant proof of purchase is provided. A 20% handling fee may be charged on opened / used purchases subject to viewing. Software products cannot be exchanged or refunded. Products will not be refunded or exchanged due to incompatibility. Please check compatibility information before placing an order. A courier collection fee of R100.00 may be charged on credits and exchanges. Any item wanting to be returned must be done before a credit/refund/swop will take place. Where you buy installation services though the Soundselect website, you agree that Soundselect can start providing the services once an assessment has taken place before 7 days have passed from the date that you bought the services.

Returned goods need to be inspected by trained technical staff before a decision is made as to how the return will be handled. Items cannot simply be swopped out before this procedure has been followed and fault has been identified.

The Refund process will take up to 10 working days from date of request.

Soundselect will charge a 5% fee on any credit card reversals done through either Payfast, Mygate or Mobicred if a refund or partial refund is required.

Due to the Coronavirus, no headphones or microphones can be returned or exchanged. Customers will be purchasing headphones and microphones at their own risk. 


LayUp - Interest Free Lay-By

Secure your layby with a 20% deposit then the rest over 4 month period.

Order will be processed for delivery once you have completed your payments.

Track your payments on LayUp dashboard until payment are complete.

Cancellations will be subject to a 5% cancellation fee.


Payflex

Refunds Policy Disclaimer: Note that should the order get cancelled and or requires a refund for any reason within 14 days; the following shall apply:

(A) Pay Later – A PayFlex service charge of 2.375% ex vat on the total purchase price will be deducted before refunding.

(B) Pay Now – A PayFlex service charge of 1.4% ex vat on the total purchase price will be deducted before refunding.

 

Refunds Policy Disclaimer: Note that should the order get cancelled and or requires a refund for any reason after 14 days; the following shall apply:

(A) Pay Later – A PayFlex service charge of 4.75% ex vat on the total purchase price will be deducted before refunding.

(B) Pay Now – A PayFlex service charge of 2.80% ex vat on the total purchase price will be deducted before refunding.


Used Equipment

Second hand goods are sold “as is” and no return of them is possible for any reason whatsoever

Privacy policy

  1. We respect your privacy and will take reasonable measures to protect it, as more fully detailed below.
  2. Should you decide to register as a user on the Website, we may require you to provide us with personal information which includes but is not limited to -
    1. your name and surname;
    2. your email address;
    3. your physical address;
    4. your gender;
    5. your mobile number; and
    6. your date of birth.
  3. Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update your personal information.
  4. You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
  5. Subject to clause 15.6 below, we will not, without your express consent:
    1. use your personal information for any purpose other than as set out below:
      1. in relation to the ordering, sale and delivery of Goods;
      2. to contact you regarding current or new Goods or services or any other goods offered by us or any of our divisions, affiliates and/or partners (unless you have opted out from receiving marketing material from us);
      3. to inform you of new features, special offers and promotional competitions offered by us or any of our divisions, affiliates and/or partners (unless you have opted out from receiving marketing material from us); and
      4. to improve our product selection and your experience on our Website by, for example, monitoring your browsing habits, or tracking your sales on the Website; or
    2. disclose your personal information to any third party other than as set out below:
      1. to our employees and/or third party service providers who assist us to interact with you via our Website, email or any other method, for the ordering of Goods or when delivering Goods to you, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;
      2. to our divisions, affiliates and/or partners (including their employees and/or third party service providers) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new goods or services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us);
      3. to law enforcement, government officials, fraud detection agencies or other third parties when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity, or to investigate violations of these Terms and Conditions;
      4. to our service providers (under contract with us) who help with parts of our business operations (fraud prevention, marketing, technology services etc). However, our contracts dictate that these service providers may only use your information in connection with the services they perform for us and not for their own benefit;
      5. to our suppliers in order for them to liaise directly with you regarding any faulty Goods you have purchased which requires their involvement; and
      6. to any Third Party Seller for purposes of sending you an invoice for any Goods purchased from such Third Party Seller, which disclosed information will be limited to your email address (refer to clause 14 above).
  6. We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on us, or to protect and defend our rights or property. In the event of a fraudulent online payment, 4Tune Records (PTY) Ltd T/A Soundselect is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.
  7. We will ensure that all of our employees, third party service providers, divisions, affiliates and partners (including their employees and third party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality obligations in relation to your personal information.
  8. Ratings and Reviews: When you provide a rating or review of a Product, you consent to us using that rating or review as we deem fit, including without limitation on the Website, in newsletters or other marketing material. The name that will appear next to that rating or review is your First Name, as you would have provided upon registration. If you do not agree to this, please do not put any ratings or reviews on the Website. We will not display your Last Name, nor any of your contact details, with a rating or review.
  9. We will -
    1. treat your personal information as strictly confidential, save where we are entitled to share it as set out in this policy;
    2. take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
    3. provide you with access to your personal information to view and/or update personal details;
    4. promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
    5. provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and
    6. upon your request, promptly return or destroy any and all of your personal information in our possession or control, save for that which we are legally obliged to retain.
  10. We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.
  11. 4Tune Records PTY Ltd T/A Soundselect undertakes never to sell or make your personal information available to any third party other than as provided for in this policy.
  12. Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.
  13. If you disclose your personal information to a third party, such as an entity which operates a website linked to this Website or anyone other than 4Tune Records PTY Ltd T/A Soundselect, 4Tune Records PTY Ltd T/A Soundselect SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED BY YOU AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION TO THE THIRD PARTY. This is because we do not regulate or control how that third party uses your personal information. You should always ensure that you read the privacy policy of any third party.
  14. This website makes use of “cookies” to automatically collect information and data through the standard operation of the Internet servers. “Cookies” are small text files a website can use (and which we may use) to recognise repeat users, facilitate the user’s on-going access to and use of a website and allow a website to track usage behaviour and compile aggregate data that will allow the website operator to improve the functionality of the website and its content, and to display more focused advertising to a user by way of third party tools. The type of information collected by cookies is not used to personally identify you. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature. Please note that cookies may be necessary to provide you with certain features available on our Website, and thus if you disable the cookies on your browser you may not be able to use those features, and your access to our Website will therefore be limited. If you do not disable “cookies”, you are deemed to consent to our use of any personal information collected using those cookies, subject to the provisions of this clause.

Warranties & Repairs

All of our goods also carry a manufacturers’ warranty where applicable, which will run concurrently with any warranty in terms of the law.

Under no circumstances will we accept returned goods where the consumer has been afforded the opportunity to inspect the goods prior to the purchase or acceptance of a delivery, the goods have been damaged due to the customer’s negligence, the goods have been disassembled, permanently installed, physically altered, used or installed contrary to our or the manufacturer’s instructions and/or have been subjected to misuse or abuse.

Any items needing to be returned for repairs or warranties need to be returned at the clients expense. Returned goods need to be inspected by trained technical staff before a decision is made as to how the return will be handled. Items cannot simply be swopped out before this procedure has been followed and fault has been identified.

No repairs will take place until it has been confirmed whether the product is to be repaired under warranty or at the clients expense. The client agrees that Soundselect is not held responsible for time delays that result from reports coming from the agents who hold the warranties. Until the client accepts the quote and gives the go ahead, no repairs will commence. The client and Soundselect agree that the agents report is final in this matter and that that report will be considered as the matter being closed. Any costs incurred during this process will be passed onto the client unless the warranty is active. Any and all repairs done under warranty or at the clients expense will only last for 3 months unless a new and different issue has been found.

Second hand goods are sold “as is” and no return of them is possible for any reason whatsoever.

There is no warranty on passive speakers, burnt/blown woofers or tweeters.

Waranty is only valid if there is no evidence of misuse or tempering on the unit.

Consumable items such as guitar strings, cables, batteries, jacks, sockets, etc are not covered by warranty.


Full name and legal status: 4Tune Records PTY Trading as Soundselect

Registration number: 2015/059723/07

Names of directors: A Svirsky, G Svirsky

Place of registration: Republic of South Africa

Physical address: 6 Durham street, Sydenham, Johannesburg, RSA

Telephone number: +27 (011) 485 3639

Website address: www.soundselect.co.za

E-mail address: info@soundselect.co.za