EquinoxIT Terms & Conditions

Important Notice

Please take the time to read through these Terms and Conditions carefully, as they contain important information about your use of our website and services.

Introduction

1.1 We strongly recommend that you review these Terms and Conditions to understand how they apply to your use of the website, any products or services ordered online, and any related services EquinoxIT may offer.

1.2 By continuing to use the website, you are agreeing to these Terms and Conditions in full, without modification.

1.3 Certain provisions in these Terms and Conditions, indicated similarly to this clause, may:

• Limit or exclude liability for EquinoxIT;
• Create legal obligations or risks for the user;
• Require the user to indemnify EquinoxIT or third parties; or
• Serve as an acknowledgment of certain facts by the user.

1.4 If you do not fully understand any aspect of these Terms and Conditions, it is your responsibility to ask EquinoxIT for clarification before continuing to use the website, or purchasing any products or services from EquinoxIT.

1.5 The website allows you to browse and purchase consumer electronics (hereafter referred to as “goods,” “devices,” or “products”).

1.6 These Terms and Conditions apply to the ordering, sale, and delivery of goods and to your use of the website.

1.7 These Terms and Conditions are legally binding and enforceable for anyone accessing or using the website (“you,” “your,” “user,” or “customer”), including those who register as users (“registered users”), as well as any individuals or entities purchasing products distributed by EquinoxIT.

1.8 By using the website or purchasing products, you acknowledge that you have read and agreed to these Terms and Conditions. If you make a purchase, you are deemed to have understood and agreed to these Terms and Conditions.

1.9 These Terms and Conditions may apply to consumers who fall under the scope of the Consumer Protection Act, 68 of 2008 (CPA), though not all users may receive such protections, depending on the exclusions specified in the CPA.

1.10 These Terms and Conditions are not intended to, and do not, unlawfully restrict or limit any rights or obligations set out under the CPA for either EquinoxIT or you as the user.

1.11 Information, opinions, or ideas shared on the website are not to be considered professional advice or the official stance of EquinoxIT. Users are advised to seek professional guidance before acting on any information provided on the website.

1.12 If EquinoxIT needs to contact you, it will do so via phone or by email, or through any other form of electronic communication you provided when placing an order. The term “writing” in these Terms and Conditions includes electronic messages such as emails, as outlined in section 12 of the Electronic Communications and Transactions Act 25 of 2002.

1.13 You agree not to use any device, software, or other methods to interfere with the proper functioning of the website. Additionally, you will not use any automated tools such as robots, spiders, or similar technology to monitor, copy, distribute, or alter the website’s content without written permission from an authorized representative of EquinoxIT.

1.14 Anyone attempting to deliver harmful code or unauthorized access to the website will face legal consequences, including potential prosecution and civil damages, should EquinoxIT incur any loss or damage.

1.15 You may not use the website to distribute defamatory, offensive, hateful, or otherwise illegal content.

1.16 If EquinoxIT believes that you have violated these Terms and Conditions, it reserves the right to take appropriate action, including suspending or terminating services to you.

Formation of Contract of Sale

3.1 A binding contract for the sale of goods between you and EquinoxIT will not exist until your order has been accepted and payment has been fully received.

3.2 When placing an order on our website, or directly with EquinoxIT, you warrant that you are at least 18 years old. If under 18, you confirm that you are using the website and placing an order with the consent of a parent or legal guardian.

3.3 After placing an order, you will receive an acknowledgment email. However, a contract of sale is not formed until you receive a confirmation email indicating payment has been received. This confirmation email signifies that a legally binding contract has been established and is subject to these Terms and Conditions.

3.4 EquinoxIT operates on a “First to Pay has First Priority” system. All sales are subject to product availability. During peak times, payments may be received simultaneously. In the case that stock is unavailable after your payment, EquinoxIT will issue a refund, offer store credit, or provide an alternative solution. No claims for damages may be made if stock runs out.

Indemnity

4.1 You agree to indemnify and hold EquinoxIT, its directors, employees, and agents harmless from any claims, liabilities, legal fees, losses, damages, costs, or other expenses arising out of your breach of these Terms and Conditions or from your use of the website.

Limitation of Liability

5.1 The website is provided on an “as-is” and “as-available” basis. EquinoxIT has made reasonable efforts to ensure that the content on the website is accurate and complete.

5.2 To the fullest extent permitted by law, EquinoxIT disclaims all express or implied warranties, conditions, representations, or terms that may apply to the website or its content.

5.3 EquinoxIT makes no guarantee that the website will be available or uninterrupted at all times.

5.4 EquinoxIT does not warrant that the website will function without errors, that any issues will be resolved, or that the website is free from harmful elements such as viruses.

5.5 Unless otherwise required by law, EquinoxIT and its affiliates, subsidiaries, directors, employees, or agents will not be liable for any indirect, incidental, or consequential damages related to the use or inability to use the website. This includes, but is not limited to, damages for loss of profits, data, or other intangibles, even if EquinoxIT has been advised of such possibilities.

5.6 EquinoxIT’s liability for any claim related to an order will not exceed the total amount paid for the product and associated delivery costs.

Suitability of Products

6.1 EquinoxIT provides no warranties regarding the fitness or suitability of products for any specific purpose unless otherwise explicitly stated.

Links to Third-Party Websites

7.1 The website may contain links to external websites controlled by third parties.

7.2 These links are provided for convenience, and EquinoxIT does not endorse or take responsibility for the content or availability of any third-party websites.

Copyright

8.1 All content on the website, including but not limited to text, graphics, data, software, layouts, designs, trade names, logos, and trademarks, is protected by law and is the property of EquinoxIT, its advertisers, sponsors, or licensors.

8.2 You do not acquire any ownership or rights to the website or its content by using the site.

8.3 Unauthorized use, reproduction, or distribution of any content on the website is strictly prohibited.

8.4 Where content on the website is licensed or owned by third parties, your right to use it will also be governed by the terms and conditions set forth by those third parties, and you agree to comply with them.

Severability

9.1 If any part of these Terms and Conditions is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that particular clause will be severed, and the remaining clauses will remain fully in effect and enforceable.

Governing Law

10.1 These Terms and Conditions are governed by the laws of the Republic of South Africa.

10.2 You consent to the exclusive jurisdiction of the courts of the Republic of South Africa for any disputes arising from these Terms and Conditions.

Payment Methods

11.1 Accepted payment methods include:

1. EFT (Electronic Funds Transfer) – Proof of payment is required;
2. Instant EFT;
3. Online card payments.

Incorrect Pricing

12.1 While we make every effort to ensure accurate pricing, errors may occur.

12.2 If an obvious and unmistakable pricing error occurs, EquinoxIT reserves the right to cancel any orders and refund any payments made for incorrectly priced products.

Refunds and Cancellation of Sales Agreement

13.1 Nothing in this section limits any rights afforded to consumers under the Consumer Protection Act (CPA).

13.2 You have the right to cancel a sale agreement or return items within 7 business days after receiving the goods, provided the items are unused, unopened, and in their original packaging.

13.3 To cancel, send written notice to sales@equinoxit.co.za with your order and delivery details. Cancellations by phone will not be accepted.

13.4 If you return goods after delivery, you are responsible for the return shipping costs. Goods must be returned by prior arrangement with EquinoxIT.

13.5 EquinoxIT is not liable for damage to goods in transit during returns. You are advised to insure returned items.

13.6 A refund may be denied if goods or packaging are damaged in transit.

13.7 Refunds will be processed within 30 days of receiving returned goods.

13.8 Any delivery or collection costs incurred by EquinoxIT will be deducted from your refund. If EquinoxIT arranges the collection, please specify this in your cancellation notice.

13.9 Bank or credit card fees incurred by EquinoxIT may also be deducted from your refund.

13.10 If goods are not returned within 7 days of notifying EquinoxIT, no refund will be issued.

13.11 If the original packaging is opened, EquinoxIT may deduct a fee from the refund.

13.12 No refunds are provided for opened or unsealed software or goods that cannot be returned due to their nature unless a fault is discovered after opening.

13.13 For custom-built computers, an assembly fee may be deducted from any refund.

13.14 Cancellation of custom-built PCs will incur cancellation charges, based on the build specifications.

13.15 Cancellations of other products after order confirmation will incur a 5% cancellation fee.

13.16 If an order is canceled while in transit, the customer will bear the cancellation and transit costs.

13.17 A 20% handling fee applies to returns not covered by the CPA.

13.18 Refunds for PC pre-build bundles will be based on the bundle price, not individual component prices, in cases of faulty or unsatisfactory components.

Product Supply and Delivery

14.1 Delivery options include:

1. Courier service appointed by EquinoxIT;
2. Courier service appointed by the customer;

Delivery by Courier Appointed by Customer

14.2 Customers may appoint their own courier or collection agency for order pickups.

14.3 EquinoxIT will not be responsible for any costs or risks associated once the order is handed over to the courier or agent appointed by the customer.

Delivery by Courier Appointed by EquinoxIT

14.4 Delivery will take place at the address provided when placing the order, unless delivery is outside the borders of the Republic of South Africa.

14.5 If you fail to take delivery of the goods:

1. EquinoxIT may store the goods and charge you for reasonable storage and insurance costs;
2. EquinoxIT may sell the goods at the best available price, deduct reasonable expenses, and refund or charge you for any shortfall.

14.6 If EquinoxIT cannot deliver the goods for reasons within its control, you will be informed as soon as possible.

14.7 Every effort will be made to deliver the goods promptly, but EquinoxIT is not liable for any losses caused by delays. You will be informed of any delays as soon as possible.

14.8 You will be asked to sign for the goods upon receipt, confirming their condition.

1. If the package appears damaged, refuse the delivery.
2. If you cannot check the contents at delivery, sign the parcel as “UNCHECKED.” Failure to do so may affect any warranty claims.

14.9 Delivery timelines are guidelines, as EquinoxIT relies on couriers for delivery.

14.10 EquinoxIT is not liable for delays caused by courier companies once the parcel is handed over. Any concerns should be directed to the courier.

14.11 EquinoxIT is not responsible for incorrect or incomplete delivery addresses provided by the customer. Additional fees resulting from incorrect details will be charged to the customer.

14.12 Orders will only be dispatched after full payment is received and reflected in EquinoxIT’s account.

14.13 Any changes to the delivery address or other actions leading to additional costs will be the customer’s responsibility.

14.14 Free delivery applies only to certain main centers, based on postal code and suburb. Additional charges may apply for deliveries outside these areas.

Product Information and Descriptions

15.1 Product images on the website are for illustration only and may not perfectly match the actual product. Packaging may vary from the displayed image.

15.2 EquinoxIT makes every effort to ensure product availability is accurately reflected on the website.

Transfer of Risk and Ownership

16.1 Risk transfers to you upon delivery, whether directly or via your appointed courier.

16.2 Ownership of goods passes to you only after full payment has been received and delivery completed.

Warranties

17.1 If these terms fall under the Consumer Protection Act (CPA), they do not limit any rights granted under that law.

17.2 Products may come with varying manufacturer warranties.

17.3 EquinoxIT may offer an additional warranty for up to one year, but only if explicitly stated.

17.4 Customers should review warranty terms to understand how to submit claims.

17.5 No refunds will be issued for items eligible for repair or replacement under warranty.

17.6 If a product is covered only by the manufacturer’s warranty, EquinoxIT may assist with the process, but is not obligated to do so.

17.7 EquinoxIT limits its warranties to manufacturer warranties unless explicitly stated otherwise.

17.8 Items not covered by the CPA will operate on a “Return to Base” model, where delivery costs for returns are the customer’s responsibility.

17.9 EquinoxIT will not accept returns for items with visible physical damage. Customers must collect such items, as EquinoxIT will not be held responsible for unclaimed items.

17.10 Warranty claims for customer-induced damage, such as physical damage, will be denied.

17.11 Any EquinoxIT warranty does not cover normal wear and tear, intentional damage, or unauthorized repairs.

17.12 Warranty claims for items damaged by lightning or power surges will not be accepted.

17.13 Laptops sold by EquinoxIT carry only the manufacturer’s warranty.

17.14 Monitors sold by EquinoxIT are also covered only by the manufacturer’s warranty.

17.15 Physical damage to CPU pins or motherboards will void the warranty, and EquinoxIT will not cover shipping costs for such claims.

17.16 Manufacturer dead pixel policies vary; customers should familiarize themselves with these policies.

17.17 Items used for mining will have a limited warranty of up to three months.

17.18 Chairs sold by EquinoxIT come with a one-year limited warranty that excludes normal wear and tear.

17.19 Warranty claims must be reported within three days of discovering the defect via the “Contact Us” section on the EquinoxIT website.

17.20 EquinoxIT is not authorized to open or tamper with certain products. Only the manufacturer should handle repairs that may void the warranty.

17.21 If a warranty product is discontinued, the manufacturer or service center may suggest a replacement. EquinoxIT cannot request a specific product replacement.

17.22 Software is never covered under warranty for faults, errors, or data loss.

17.23 Warranties provided by EquinoxIT are local and limited to South Africa unless specified otherwise.

OEM (Original Equipment Manufacturers)

18.1 Some products supplied by EquinoxIT are sourced from Original Equipment Manufacturers (OEMs), often bundled with other hardware such as CPUs.

18.2 These products are typically not sold in their original packaging, and EquinoxIT is not required to provide the original packaging for these items.

Data Loss

19.1 EquinoxIT shall not be liable for any data loss arising from the replacement, refund, or repair of any items.

19.2 Additionally, EquinoxIT shall not be liable for any data loss that may occur during new installations.

Replacement Products

20.1 If EquinoxIT does not have a specific item in stock, or if a customer wishes to exchange or replace a product where permitted, the customer will be responsible for paying the difference if the replacement item is more expensive, or they will receive store credit or a refund if the replacement is cheaper.

Promotions

21.1 EquinoxIT may occasionally run promotions through its website.

21.2 Promotional items will not be available before the promotion’s start date.

21.3 Stock for promotions is limited and will be available only while supplies last. If stock runs out during the promotional period, EquinoxIT cannot fulfill further promotional giveaways and is not liable once promotional stock is depleted.

21.4 EquinoxIT reserves the right to amend or cancel the terms of any promotion at any time without prior notice, provided that any orders or obligations in effect before such changes are fulfilled.

21.5 EquinoxIT will not be liable for any conflicts arising from promotional terms and conditions, including but not limited to statements regarding unique IDs, key code availability, or the distribution of additional unique IDs or key codes.

21.6 EquinoxIT is not responsible for lost, late, incomplete, invalid, altered, unintelligible, or misdirected registration forms or submissions related to any promotion.

21.7 EquinoxIT will not be liable for any technical, hardware, software, server, website, or other failures that may prevent individuals from participating in promotions.

21.8 EquinoxIT is not responsible for invalid, incorrect, or unreachable email addresses or contact details provided by customers/users.

21.9 Promotional items offered by EquinoxIT do not carry any warranty. EquinoxIT is not liable for any defects in these products or devices, and customers must approach the manufacturer directly for any claims.

Specials or Discounted Pricing

22.1 EquinoxIT is not obligated to offer products at discounted prices or to provide refunds if an order is placed and accepted, only for the product to be subsequently offered at a lower promotional price.

Price Matching

23.1 EquinoxIT does not guarantee any price matching with competitors and will not match prices from international stores.

Social Media Competitions

24.1 EquinoxIT may occasionally run competitions through its social media platforms.

24.2 Competitions are open to residents of South Africa aged 18 and over, excluding employees of EquinoxIT, their close relatives, or anyone otherwise connected to the organization or judging of the competition.

24.2.1 For entrants under 18 years, consent or assistance from a parent or legal guardian is required.

24.3 Competitions are not open to juristic entities and are only available to natural persons.

24.4 Unless stated otherwise, there is no entry fee or purchase necessary to enter any competition.

24.5 By entering any competition, entrants consent to be bound by these terms and conditions.

24.6 Details on how to enter competitions will be communicated through EquinoxIT’s social media pages.

24.7 Only one entry per entrant is permitted unless explicitly stated otherwise. Multiple entries from a single entrant will result in disqualification.

24.8 The closing date for entries will be communicated on the relevant social media pages or through the necessary channels. No further entries will be accepted after this date.

24.9 Winners will be chosen at random from eligible entries received and will be notified via direct message or public announcement on the respective social media platform.

24.10 Prizes are non-transferable and cannot be exchanged for cash or any other alternatives.

24.11 EquinoxIT reserves the right to change or substitute prizes of equal value if circumstances make it necessary to do so.

24.12 EquinoxIT is not liable for any injury, loss, or damage to persons or property resulting from participation in any competition or the acceptance of any prize.

24.13 By entering, you agree to the use of your name, likeness, or image in promotional activities related to the competition without compensation or prior notice.

24.14 EquinoxIT reserves the right to terminate, amend, or extend any competition at its discretion without prior notice.

24.15 If any provision of these terms is deemed invalid or unenforceable, the remaining provisions will remain in full effect.

24.16 EquinoxIT will notify any winners when and how the prize may be collected/redeemed/delivered.

24.17 EquinoxIT’s decision in respect of all matters relating to any competition shall be final and no communication in this regard shall be entered into.

24.18 Any winners consent to the use of his/her name and image in any publicity material. Any personal data collected in the course of a competition shall only be used for the purpose for which it was disclosed. Should the data be required for any other purpose, the express consent of any entrant shall be obtained in advance.

24.19 Any competitions administered or advertised on social media shall in no way be sponsored, endorsed, administered, or associated with any social media platform or network.

24.20 Any creative works or any other content (save for personal data protected by POPI) submitted to EquinoxIT during the course of a competition shall become the property of EquinoxIT and may not be used further without the express permission of EquinoxIT.

24.21 Note that any prizes made available through a competition are provided without any warranty from EquinoxIT; in some instances, a manufacturer’s warranty may exist.

Force Majeure

25.1 EquinoxIT shall not be liable for any default or delays in the supply or delivery of any orders or further compliance with these Terms and Conditions where such delays are caused by events outside our control, including but not limited to acts of God, civil disturbance, court order, natural disaster, pandemic, interruption of supply of utilities, or war.

25.2 Where the supply or delivery of a product or performance by EquinoxIT is delayed by factors outside its control, EquinoxIT will endeavor to contact you as soon as reasonably possible to inform you and take reasonable steps to minimize the effects of the delay.

General

26.1 EquinoxIT may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the website or the user’s right to use the website or access any of its contents, subject to processing any orders already made by you.

26.2 As the user, you may not cede, assign, or otherwise transfer your rights and obligations under these Terms and Conditions to any third party without prior written consent from EquinoxIT.

26.3 Any failure on the part of EquinoxIT to enforce any right under these Terms and Conditions shall not constitute a waiver of such right.

26.4 If any term or condition contained herein is declared invalid for any reason whatsoever, the remaining terms and conditions will remain in full force and effect.

26.5 These Terms and Conditions contain the whole agreement between you and EquinoxIT, and no other warranty or undertaking is valid unless contained in this document or specifically included herein by reference.

Right of Admission and Refusal of Service Reserved

27.1 EquinoxIT reserves the right to refuse a customer access to its premises for any disorderly or abusive conduct towards its business or staff.

27.2 EquinoxIT may refuse to accept orders from customers who have defamed or otherwise harmed the name and/or reputation of EquinoxIT.

Complaints

28.1 If you have a complaint about the goods or services provided by EquinoxIT or require information regarding our internal complaints-handling process, please contact us via email at escalate@equinoxit.co.za.

Privacy

29.1 EquinoxIT will:

• 29.1.1 Treat your personal information as strictly confidential, except where we are entitled to share it as outlined herein;
• 29.1.2 Implement appropriate technical and organizational measures to ensure that your personal information is secure and protected against unauthorized or unlawful processing, accidental loss, destruction or damage, alteration, disclosure, or access;
• 29.1.3 Provide you with access to your personal information to view and/or update personal details;
• 29.1.4 Promptly notify you if we become aware of any unauthorized use, disclosure, or processing of your personal information;
• 29.1.5 Provide you with reasonable evidence of our compliance with our obligations upon reasonable notice and request; and
• 29.1.6 Upon your request, promptly return or destroy any and all of your personal information in our possession or control, except for that which we are legally obliged to retain.

29.2 We will not retain your personal information longer than the period for which it is needed unless we are legally required to do so, or if you consent to us retaining such information for a longer period.

Information Collection

30.1 Information is collected when

a customer registers on our site, places an order, enters a competition, or submits a query.

30.2 Information that may be collected and which you may be required to provide includes your name, email address, identity number, delivery address, age, gender, occupation, account details, tax number, or contact number.

Information Use

31.1 The information collected may be used in one or more of the following manners:

• 31.1.1 To improve our customer service, website, or service offerings;
• 31.1.2 To process orders and transactions;
• 31.1.3 To administer competitions or promotions;
• 31.1.4 To send communications to you regarding our business or promotions.

31.2 Where an email address is provided, we undertake to use it only for purposes of communicating with you regarding an order placed with EquinoxIT, unless you specifically provide permission through an opt-in function to receive various communications transmitted to our mailing list, including company news, product information, promotions, updates, etc.

31.3 Should you opt-in to our mailing list and decide at any stage that you would like to unsubscribe from any future emails, an unsubscribe option is available in our emails.

Information Protection

32.1 We use data encryption on all sensitive information to protect user information.

32.2 We do not share any personal information with third-party companies.

Third Party Disclosure

33.1 We will never sell or transfer your personally identifiable information to third parties without your express permission for any specified purpose.

33.2 This does not include third parties who assist in the administration of this website or who help deliver services to you as the customer. Such transfers or disclosures shall be only to the extent necessary for legitimate purposes.

33.3 We may also disclose your information where required by law or a law enforcement agency or to protect the rights of EquinoxIT and other users.

33.4 Non-personally identifiable data may be disclosed to third parties for marketing, market research, or statistical gathering purposes.

Use of Cookies

34.1 The website makes use of “cookies” to automatically collect information and data through the standard operation of Internet servers. “Cookies” are small text files a website can use (and which we may use) to recognize repeat users, facilitate ongoing access to and use of the website, track usage behavior, and compile aggregate data that allows the website operator to improve the functionality of the site and its content and display more focused advertising to users via third-party tools. The type of information collected by cookies is not used to personally identify you. Please note that cookies may be necessary to provide you with certain features available on our website; thus, if you disable cookies on your browser, you may not be able to use those features, and your access to our website will 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.

Third Party Links

35.1 Where we include or offer third-party products or services on our website, such websites are not subject to these Terms and Conditions and will be governed by their own privacy policies.

35.2 It is your responsibility to familiarize yourself with such policies, and EquinoxIT shall have no responsibility or liability for the content or activities of these linked sites.