Mitech Direct Namibia: Online
Terms and Conditions
CONDITION OF USE
The following information outlines the Terms and Conditions of Mitech Direct Namibia and the use of the Mitech Direct Namibia website. Mitech Direct Namibia is a division of Stage Audio Works Southern Africa (Pty) Ltd. Any reference herein to Mitech Direct Namibia includes Stage Audio Works Southern Africa (Pty) Ltd.
Welcome to Mitech Direct Namibia. Mitech Direct Namibia and its affiliates (including inter alia suppliers and service providers) provide their services to you subject to the terms and conditions detailed in this agreement. By using the Mitech Direct Namibia (www.mitechdirect.com.na) website and/or registering to shop on Mitech Direct Namibia Online you confirm that you have familiarized yourself with the terms and conditions governing the conduct of parties accessing or using the Mitech Direct Namibia website to trade and that you agree to be bound by these terms and conditions.
Should you not agree to the terms and conditions stipulated you may not use the Mitech Direct Namibia website.
Your access to the Mitech Direct Namibia website and use of any services provided by Mitech Direct Namibia including any purchases made by you from Mitech Direct Namibia are subject to terms and conditions established under the following headings.
- Terms of Trade with Mitech Direct Namibia
- Privacy and Security Statement
- Intellectual Property Statement
- Dispute Resolution
- Compliance with statutory consumer protection provisions
- Contact Information
Mitech Direct Namibia grants you a non-exclusive, non-transferable, revocable, limited license to access and make personal use of the Mitech Direct Namibia website subject to the terms and conditions set forth hereinafter. You are not allowed to modify (other than page catching) the website or any portion thereof without prior written consent of Mitech Direct Namibia.
The license does not permit –
- any reproduction, duplication, copying, visitation, resale or commercial exploitation of any portion of the Mitech Direct Namibia website or its contents without the prior written consent of Mitech Direct Namibia;
- any collection and use of any product listings, descriptions, or prices; any derivative use of the Mitech Direct Namibia website or its contents;
- any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools;
- you to frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Mitech Direct Namibia and our affiliates without prior written consent.
You may bit use any meta tags or any other “hidden text” utilizing the Mitech Direct Namibia name or trademarks without the prior written consent of Mitech Direct Namibia. Any unauthorized use terminates the permission or license granted by Mitech Direct Namibia.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Mitech Direct Namibia website so long as the link does not portray Mitech Direct Namibia, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner; provided that you may not use any Mitech Direct Namibia 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.
Mitech Direct Namibia may provide links from the Mitech Direct Namibia website to other websites which may offer services to you. Mitech Direct Namibia is not responsible for evaluating the content or offerings made on these websites. Mitech Direct Namibia does not endorse or warrant the offerings of any of the businesses or individuals, nor is it responsible for the content of the websites to which links may be provided, or that of any third-party websites, which may be accessed through these linked websites. No liability will be attributed to Mitech Direct Namibia for any dealings with any other websites accessed through links provided by Mitech Direct Namibia and you are solely responsible for assessing the terms and conditions and privacy provisions of any of these websites.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE MITECH DIRECT NAMIBIA WEBSITE IS PROVIDED BY MITECH DIRECT NAMIBIA ON AN “AS IS” AND “AS AVAILABLE” BASIS.
NEITHER MITECH DIRECT NAMIBIA, NOR ITS DIRECTORS, EMPLOYEES, OFFICERS, SUPPLIERS, OR SERVICE PROVIDERS (COLLECTIVELY THE ‘INDEMNIFIED PERSONS’) MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF EITHER THE MITECH DIRECT NAMIBIA WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE MITECH DIRECT NAMIBIA WEBSITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY NAMIBIAN LAW, THE INDEMNIFIED PERSONS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MITECH DIRECT NAMIBIA DOES NOT WARRANT THAT THE MITECH DIRECT NAMIBIA WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM MITECH DIRECT NAMIBIA ARE FREE OF VIRUSES OR OTHER HARMFUL CODE. MITECH DIRECT NAMIBIA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE MITECH DIRECT NAMIBIA WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
IN NO EVENT SHALL THE INDEMNIFIED PERSONS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE MITECH DIRECT NAMIBIA WEBSITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). THE LIABILITY OF THE INDEMNIFIED PERSONS TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO N$5 000.00.
The Mitech Direct Namibia 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 Namibia. As the website is targeted at Namibian 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 Mitech Direct Namibia.
TERMS OF TRADE WITH MITECH DIRECT NAMIBIA
Invitation to do business
The products or services which appear on the Mitech Direct Namibia website are displayed as an invitation to do business and to allow you to make an offer to purchase the products or services of Mitech Direct Namibia. Only when Mitech Direct Namibia has accepted your offer and delivered the goods, will an enforceable agreement of sale be transacted. Mitech Direct Namibia can cancel the sale at any time at Mitech Direct Namibia’s absolute discretion.
The price of any products or services sold through Mitech Direct Namibia shall be confirmed on the acceptance of your order. Despite our best efforts, products or services offered on the website may be mis-priced. If we discover a mis-pricing, we will immediately notify the customer and offer them a full refund.
IMPORTANT: If any products or services are supplied and delivered to you directly by, or through, a third party, even though access to the products and services is gained through the Mitech Direct Namibia website, the supply of these products and services may be subject to conditions which differ from those governing the terms of trade with Mitech Direct Namibia. You shall be solely responsible for ensuring that you understand and agree with the terms and conditions governing the sale of these products or services.
Place and time of agreement
Agreement to use the Mitech Direct Namibia website and those governing all transactions that may be effected using the Mitech Direct Namibia website shall be deemed to have taken place in Windhoek.
All communications with Mitech Direct Namibia facilitated by the Mitech Direct Namibia website, the Mitech Direct Namibia call center, or email communicated between you and Mitech Direct Namibia shall be deemed to have been received, in the case of communications initiated by Mitech Direct Namibia, when the communication leaves the Mitech Direct Namibia website or email server, and in the case of communications initiated by you, when it is received on the Mitech Direct Namibia website or email server. Acceptance by Mitech Direct Namibia of an order placed by you shall be deemed to have been made and an agreement entered into, once a product leaves the Mitech Direct Namibia premises destined for you. If any part of an order leaves our premises, only that portion of the order is deemed as accepted.
- Mitech Direct Namibia can cancel any order at any time.
- Orders will not be kept for longer than 2 weeks.
- Returns on Software, Games, and DVDs will not be accepted if the product has been opened.
Due to the popularity of some products or services, Mitech Direct Namibia may not always have a product or service ordered by you in stock. Mitech Direct Namibia will accept orders for out of stock products or services 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 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.
When you visit Mitech Direct Namibia or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. Mitech Direct Namibia will communicate with you by e-mail or by posting notices on the Mitech Direct Namibia 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 Mitech Direct Namibia website and transactions concluded using the Mitech Direct Namibia website, as well as your intent to enter into any transaction with Mitech Direct Namibia, may be evidenced by any action by you from which this may reasonably be inferred.
Before you make an offer to purchase any of the products or services provided by Mitech Direct Namibia 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 Mitech Direct Namibia may take whatever legal action it deems necessary to obtain the appropriate relief.
Without a valid email address (your user identification) and password, you will not be able to purchase products or services displayed on the Mitech Direct Namibia 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 Mitech Direct Namibia of this fact by email. Mitech Direct Namibia 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 held liable for any payments that may flow from these transactions.
Termination or suspension of registration
If you are in breach of, or if Mitech Direct Namibia believes that you may be in breach, any of the terms and conditions governing the use of, or trading using the Mitech Direct Namibia website, Mitech Direct Namibia may, in its absolute discretion, either suspend or terminate your registration as a purchaser.
The transaction history may be accessed by a registered customer on the Mitech Direct Namibia website and is provided for information purposes only. This transaction history will show purchase transactions only and will not reflect refunds or other transactions. For a full and accurate transaction history, you can use the Mitech Direct Namibia call centre details which are available on the Mitech Direct Namibia website.
AMENDMENT TO TERMS AND CONDITIONS
Mitech Direct Namibia may amend the terms and conditions governing access to the Mitech Direct Namibia website as well as trade using the website. Mitech Direct Namibia 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 to the Mitech Direct Namibia website. If you do not agree with the amended terms, you shall immediately give notice to Mitech Direct Namibia 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.
Advertising and Printed Material
While Mitech Direct Namibia makes every possible effort to ensure that all product information and pricing in any form of communication material is factually correct at the time of communicating it to the public, Mitech Direct Namibia cannot be held responsible if any factual errors occur. Please check pricing and specifications on the Mitech Direct Namibia website for any changes. All prices are inclusive of VAT unless otherwise stated. All prices exclude delivery costs.
PRIVACY AND SECURITY STATEMENT
The information provided by you helps us personalize and continually improve your shopping experience at Mitech Direct Namibia. Here are the types of information we gather.
Information You Give Us: We receive and store information you enter on the Mitech Direct Namibia website or that you may provide to Mitech Direct Namibia in any other manner. Certain of the information provided on registration is mandatory to assist us in ensuring that the communications and transactions entered into with you may be completed effectively and lawfully.
Automatic Information: Mitech Direct Namibia receives and stores certain types of information whenever you interact on the Mitech Direct Namibia website or communicate with Mitech Direct Namibia by email. For example, like many Web sites, we use “cookies”, and we obtain certain types of information when your web browser accesses Mitech Direct Namibia.
E-mail Communications: To help us make e-mails more useful, we may receive a confirmation when you open e-mail from (www.mitechdirect.com.na) if your computer supports such capabilities.
By providing the information to Mitech Direct Namibia, you consent to Mitech Direct Namibia collecting, maintaining, storing and processing the information, provided that Mitech Direct Namibia shall:
- not disclose your personal information to a third party other than to affect the transactions agreed to in using the Mitech Direct Namibia website without obtaining your express consent to do so;
- only disclose your personal information, without your consent, if legally required to do so;
- be entitled to use the information provided by you to compile statistical or aggregated information in such a way that you may not be identified.
Mitech Direct Namibia shall own and retain rights to non-personal statistical information compiled by it.
While Mitech Direct Namibia and its affiliates shall take commercially reasonable care to safeguard the information provided by you to Mitech Direct Namibia from unauthorized access or disclosure, Mitech Direct Namibia does not represent or guarantee that the safeguards will provide absolute protection.
Mitech Direct Namibia shall not be obliged to encrypt any information sent to you, received from you or stored on your behalf or for the purposes agreed in this agreement, unless agreed with you to the contrary, in writing.
INTELLECTUAL PROPERTY STATEMENT
Copyright in any information or trademarks displayed anywhere on the Mitech Direct Namibia website are protected by worldwide copyright laws and treaty provisions. The copyright of these materials is held by Mitech Direct Namibia, or by the original creator of the materials, or by suppliers and service providers to Mitech Direct Namibia. 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 Mitech Direct Namibia or with the prior written permission from Mitech Direct Namibia. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on the Mitech Direct Namibia website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
Any dispute arising out of or in connection with this agreement, including and question regarding its existence, validity or termination, shall be referred to arbitration in terms of the rules of the ADR Forum.
For all disputes, regardless of where they arise, the place of the arbitration is deemed to be Windhoek. The language used during the dispute resolution process will be English.
For the purpose of any arbitration:
You choose the email address chosen by you in registering as a purchaser; and Mitech Direct Namibia chooses [email protected]
By using the Mitech Direct Namibia website and accepting the conditions of use of the website and trade conducted using the website you bind yourself to the terms of the arbitration provided in this agreement.
CONSUMER PROTECTION PROVISIONS
Return of products or cancellation of service agreements
Mitech Direct Namibia shall, subject to the exclusions provided for below and the provisions relating to any return of products or cancellation of a service agreement, allow the return of the products or cancellation of service agreement, within seven days of the date of receipt by you of the products or the conclusion of an agreement to provide services.
Exclusions from return of products or cancellation of service agreements:
- any products and services are acquired by auction;
- the supply of products which comprise foodstuffs, beverages, or other goods intended for everyday consumption at the home or workplace of the customer;
- to services which commenced with the customers consent, (either express or implied) prior to the expiry of the seven day period;
- where the price of the products or services depends on fluctuation in financial markets beyond the control of Mitech Direct Namibia;
- where the products are personalised or made to the customers specifications;
- where the products are perishable or will expire rapidly;
- where the products by reason of their nature cannot be returned;
- if audio, video recordings or any form of computer software are either used or if supplied other than in digital form, if the seal on the storage media is broken;
- the sale of reading material in whatever form;
- the provision of any gaming or lottery services;
- the provision of accommodation, travel, transport, catering or leisure services of Mitech Direct Namibia or its agents or suppliers undertake to provide these services on a specific date or within or for a specific period
- Any unsealed software.
- Prizes are not transferable and/or negotiable
- Any violation or attempt to violate any of these rules will result in the immediate disqualification of all people involved
- The judge’s decision is final and no correspondence will be entered into
- The prize will be handed over to the winner within 30 working days after the selection/draw
- By entering the competition you will be subscribed to Mitech Direct Namibia`s monthly newsletter base, in which you can unsubscribe at any time. Subscription to Mitech Direct Namibia’s monthly newsletter base means you will receive a regular marketing email from Mitech Direct Namibia.
- By participating in any competition hosted partly or in whole by Mitech Direct Namibia, participants further agree to be bound by our internet terms and conditions which are set out on mitechdirect.com.na.
- The winner agrees to co-operate with the company in participating in any public relations exposure.
- Winners will have to verify identities, in person, by presenting a valid Namibian identity document or valid driver’s license
- The competition is only open to Namibian citizens and proof of citizenship will need to be presented by way of either a valid Namibian identity document or valid driver’s license
- You may enter the competition as many times as you want to but you may not use any automated system to enter the competition.
- You will not enter people’s names in the referral who you know to have expressed not wanting to receive the competition email.
- You will only enter email addresses that you know to be valid for your referrals.
- The competition end date will be communicated under the terms and conditions of the competition page and/or in the competition itself.
Customer obligations on return of products and services
If a customer cancels any transaction in respect of which delivery of the products or services (to the extent that they may be returned) have been delivered, within seven days of the receipt of the products or services, the customer shall return to Mitech Direct Namibia or its authorised agents, the products, undamaged in any manner, together with all packing materials and documentation delivered by Mitech Direct Namibia or its agents to the customer, as well as a written indication of the customer’s choice and reason to cancel the transaction.
The customer shall refund to Mitech Direct Namibia all direct expenses incurred by Mitech Direct Namibia or its authorized agents, in the delivery of the products and services ordered by the customer, as well as the direct expenses incurred by Mitech Direct Namibia or its authorized agents in accepting return of the products and cancellation of the provision of services, arising as a result of the return of the products or cancellation of the services ordered by the customer.
If the return is needed as a result of a manufacturing fault, damage, defect, or our mistake, Mitech Direct Namibia offer a full refund or exchange and we pay the shipping charges – both to have your item sent back to us, and to send you a replacement item (provided that it is of similar value to the returned item).
In the case of an outright return for refund, you are responsible for return shipping of the product you are returning and we do not credit the original shipping charges toward the exchange. Items returned for this reason are subject to 15% bank costs, restock and handling fees.
No return on any software purchased received by the client
No refunds will be issued on opened, used or registered software.
Please enquire about the product and availability before any purchases. To return or cancel a product, please complete the following Return and Cancellation Request Form. Receipts must be kept for refunds and exchanges.
Mitech Direct Namibia’s obligations on return of the products and services:
Within thirty days of return of the products or receipt of notice of cancellation of the agreement to deliver services, Mitech Direct Namibia or its authorized agents shall refund to the customer any amounts paid by the customer, less any amounts due by the customer to Mitech Direct Namibia as provided for above.
The following information is made available to you.
Full name and legal status of website owner: Mitech Direct Namibia is the trading name and is wholly owned by Stage Audio Works Southern Africa (Pty) Ltd (registration number:2013/1071) a private limited company duly incorporated in the terms of the laws of Namibia.
Registered Office: 14 Diesel Street, Unit 3, Southern Industrial Area, Windhoek, Namibia
Physical Address: 14 Diesel Street, Unit 3, Southern Industrial Area, Windhoek, Namibia
Telephone Number: 083 331 0111
Website address : www.mitechdirect.com.na
E-Mail address: [email protected]
Address for service of all legal documents: [email protected]
Description of Services: Mitech Direct Namibia provides access to a variety of products and services that may be purchased online all of which are, or will be, described on the Mitech Direct Namibia website.
Price of goods: Prices are displayed in the website and are subject to Mitech Direct Namibia rights in respect of any mis-pricing stipulated in the clause dealing with “Invitation To Do Business” above. All prices of products and services displayed on the Mitech Direct Namibia website are inclusive of Value Added Tax.
Payment: Payment terms and manner of payment are stipulated in the clause dealing with payment above.
Terms and Conditions governing this agreement: The full Terms and Conditions applicable to the access and use of the services provided on the Mitech Direct Namibia website and any amendments thereto, shall at all times be available on the Website, save to the extent that they may be varied in writing by the parties. These terms may be accessed on this Website, downloaded and stored, or reproduced at any time.
Delivery of products or services: The anticipated time of delivery of any products or services, purchased using the Mitech Direct Namibia website, shall be indicated at the time that any order is accepted by Mitech Direct Namibia.
Transaction records and history: A full record of transactions effected using Mitech Direct Namibia shall be available to the user for a period of 14 days from delivery of the products or services to the purchaser by Mitech Direct Namibia or its agents. You may access this history as provided for under the clause “Transaction History” above.
Dispute resolution: The provisions governing Dispute Resolution are stipulated under the clause “Dispute Resolution” above.
Privacy and Security: The provisions governing Privacy and Security are provided for under the clause “Privacy and Security” above.
Minimum duration of Agreement: There shall be no minimum duration of agreements entered into between users and registered purchasers to use the Mitech Direct Namibia website. All agreements shall endure indefinitely, subject to either parties’ rights to terminate the agreement. The termination of the agreement by either party shall be without prejudice to any rights between the parties existing at the time of the termination, which shall endure beyond date of termination.