Terms and Conditions
Terms and Conditions
Last Updated: 24 March 2026
1. Introduction
These Terms and Conditions ("Terms") govern your access to and use of the website operated by DiversingIT ("Company", "we", "us", or "our") and the purchase of IT hardware, software, and related products ("Products").
These Terms apply to both business customers ("B2B Customers") and individual consumers ("B2C Customers"). Where specific provisions apply only to B2C Customers in terms of applicable legislation, such provisions will be explicitly indicated.
By accessing this website or purchasing Products, you agree to be bound by these Terms.
2. Legal Compliance (South Africa)
These Terms are governed by and must be interpreted in accordance with the laws of the Republic of South Africa, including but not limited to:
- The Consumer Protection Act, 68 of 2008 ("CPA")
- The Electronic Communications and Transactions Act, 25 of 2002 ("ECTA")
- The Protection of Personal Information Act, 4 of 2013 ("POPIA")
Where applicable, nothing in these Terms is intended to limit or exclude any rights afforded to B2C Customers under the CPA.
3. Eligibility
You warrant that:
- You are at least 18 years of age; and
- You have the legal capacity to enter into binding agreements.
If you are acting on behalf of a juristic entity (company, close corporation, or trust), you warrant that you are duly authorised to bind such entity.
4. Products and Availability
We supply IT-related hardware and software, including computers, networking equipment, peripherals, and licensed software.
- All Products are subject to availability.
- Specifications, images, and descriptions are provided for informational purposes and may vary from actual Products.
- We reserve the right to discontinue or modify Products without notice.
5. Orders and Contract Formation
- An order placed via the website constitutes an offer to purchase.
- A binding agreement is formed only upon written confirmation and/or dispatch of the Products.
- We reserve the right to refuse or cancel any order for any lawful reason, including pricing errors, stock unavailability, or suspected fraud.
6. Pricing and Payment
- All prices are listed in South African Rand (ZAR) unless otherwise stated.
- Prices exclude VAT unless expressly stated otherwise.
- Payment must be made in full prior to dispatch unless credit terms have been agreed in writing (applicable to B2B Customers only).
- We reserve the right to correct any pricing errors.
7. Delivery and Risk
- Delivery timelines are estimates and not guaranteed.
- Risk in the Products passes to the customer upon delivery.
- Ownership of Products will only pass once full payment has been received.
- Delivery costs will be indicated at checkout.
8. Returns, Refunds, and Cooling-Off (CPA Compliance)
8.1 B2C Customers (CPA Rights)
In accordance with Section 44 of the ECTA and applicable provisions of the CPA:
- B2C Customers may cancel an online order within 7 (seven) days of receipt of the Products without penalty ("cooling-off period").
- Products must be returned in original condition and packaging.
- The customer will be responsible for return shipping costs unless the Product is defective.
8.2 Defective Goods (CPA Section 56)
B2C Customers are entitled to a 6-month implied warranty of quality:
- If a Product is defective, the customer may request repair, replacement, or refund.
- This applies only to defects not caused by misuse or damage.
8.3 B2B Customers
- Returns for B2B Customers are subject to prior written approval.
- A handling or restocking fee may apply.
- Custom or special-order items are non-returnable unless defective.
8.4 Software Products
- Software licenses are non-refundable once activated, downloaded, or opened, unless required by law.
9. Warranties
- Hardware Products are subject to manufacturer warranties.
- Warranty claims must be processed in accordance with the manufacturer’s procedures.
- Software is provided subject to third-party license agreements.
Except as required by law, no additional warranties are provided.
10. Limitation of Liability
To the maximum extent permitted by law:
- The Company shall not be liable for any indirect, incidental, or consequential damages, including loss of profit, data, or business interruption.
- The Company’s total liability shall not exceed the amount paid for the Product.
Nothing in this clause limits liability where such limitation is prohibited by the CPA.
11. Intellectual Property
All website content, including trademarks, logos, text, and software, is the property of the Company or its licensors and is protected under applicable intellectual property laws.
12. Electronic Communications (ECTA Compliance)
- By using this website, you consent to receiving communications electronically.
- Records of transactions, agreements, and communications will be maintained electronically.
13. Privacy (POPIA Compliance)
- We process personal information in accordance with POPIA.
- Personal data will only be collected and used for legitimate business purposes.
- For more information, please refer to our Privacy Policy.
14. Breach and Termination
We reserve the right to:
- Suspend or terminate access to the website; and
- Cancel orders
if you breach these Terms or engage in unlawful conduct.
15. Force Majeure
We shall not be liable for any failure or delay in performance caused by events beyond our reasonable control, including but not limited to acts of God, strikes, supply chain disruptions, or network failures.
16. Governing Law and Jurisdiction
These Terms are governed by the laws of the Republic of South Africa.
Any disputes shall be subject to the jurisdiction of the courts of South Africa.
17. Changes to Terms
We reserve the right to amend these Terms at any time. Updated Terms will be published on the website and will become effective immediately upon publication.
18. Contact Information (ECTA Section 43)
DiversingIT PTY LTD
2015/354690/07
7 Pin Oak Crescent, Goodwood, Cape Town, 7460
contactus@diversingit.co.za
