Terms of Service

Terms of Service

Overview

EKD Online (Pty) Ltd is an online-based (e-commerce) store that works within the borders of Southern Africa.

We only accept payments through South African based banks. We do not offer walk-in sales or collections as stock is held by suppliers or distributors within South Africa. Delivery areas, costs and estimated delivery times are explained at checkout and in the Delivery section below.

Before using or accessing our website, please read these Terms of Service carefully. You agree to be bound by these Terms of Service by accessing or using any part of the website. You may not access or use any services if you do not agree to all of the Terms and Conditions of this agreement. Acceptance is expressly limited to these Terms of Service if these Terms of Service are deemed an offer.

We reserve the right to update, change or replace any part of these Terms of Service. It is your obligation to regularly check this page for updates. Following the publishing of such modifications, your continued use of or access to the website implies acceptance of those changes.

This website is operated by EKD Online (Pty) Ltd. Throughout the site, the terms “us”, “our”, “we” and “supplier” may refer to EKD Online (Pty) Ltd. EKD Online (Pty) Ltd offers this website, all information, resources and services accessible from this site to you, the user, subject to your acceptance of all of the terms, conditions, policies and notices indicated herewith.

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your province of residence within South Africa and that you have given us your consent to allow any of your minor dependents to use this site.

Order Placement, Verification, Acceptance and Contract Formation

Format of Payment and Contract

Customers are responsible for selecting products suitable for their own requirements and for checking compatibility with any other products, components or systems they intend to use them with. Items ordered together are not automatically assumed to be intended for use together. Where a customer specifically requests advice from EKD Online (Pty) Ltd for a stated intended use, we will assist based on the information provided. This does not limit any rights available under applicable South African consumer law.

No contract of sale, of any products, arises and shall not come into existence between us and the customer until we have received, acknowledged and accepted your order and have received full payment (in cleared funds) for the goods so ordered and accepted thereof. 

We operate on a “First to Pay has First Priority” system and all sales are subject to while stock is available. It is possible that where order capacity is high, payments will be received in close succession and a confirmation email sent despite sufficient stock not being available. Where the item of stock you seek is no longer available as a result of this, your money will be refunded to you. No claim for damages shall be made against EKD Online (Pty) Ltd should this occur.

Website Listings and Customer Offers

Products, prices, specifications and stock information displayed on the EKD Online (Pty) Ltd website are invitations for customers to submit orders and do not, by themselves, constitute binding offers by EKD Online (Pty) Ltd.

By completing checkout, the customer submits an offer to purchase the selected product(s) at the displayed price, subject to these Terms of Service. EKD Online (Pty) Ltd retains the right to accept or reject that offer following verification of the order.

Automated Acknowledgements and Order Statuses

The following events acknowledge receipt or payment processing only and do not constitute acceptance of an order or create a binding contract of sale:

  • The allocation of an order number;
  • An automated “Order Received”, “Order Confirmation” or “On Hold” email;
  • An automated payment receipt, payment authorisation or pro forma invoice;
  • A debit from the customer’s account or payment card;
  • Payflex or another payment provider approving or creating a payment arrangement;
  • An automated order status such as “On Hold”, “Payment Received” or “Processing”; or
  • Any email or status automatically generated by EKD Online (Pty) Ltd’s website, WooCommerce or a third-party payment gateway.

Third-party payment gateways may authorise payment or automatically change an order’s technical status before EKD Online (Pty) Ltd has reviewed the product price, quantity, specifications, stock availability or payment information. These automated actions relate only to payment and administrative processing and must not be interpreted as confirmation that EKD Online (Pty) Ltd has accepted the order.

The word “Processing”, when used as an automated website or payment status, means that the order is undergoing verification or administrative processing. It does not mean that a binding contract has been concluded, that stock has been allocated or that the order has been accepted for fulfilment.

Acceptance of an Order

A binding contract of sale will arise only once EKD Online (Pty) Ltd has:

  • Verified the product description, specifications, quantity and price;
  • Confirmed stock availability with the applicable supplier or distributor;
  • Received satisfactory payment confirmation from the applicable payment provider; and
  • Issued the customer with a separate written communication.

Only communication confirming dispatch constitutes acceptance by EKD Online (Pty) Ltd. No other automated email, payment notification or website status will constitute acceptance.

An “Order Complete” notification may only be issued after the order has been accepted, prepared for dispatch or handed to the courier. Where an “Order Complete” status or communication is generated prematurely because of a technical or administrative error, EKD Online (Pty) Ltd will notify the customer promptly and take the corrective steps permitted by applicable law.

Payments

Payments are only accepted from customers/clients within the borders of Southern Africa. Making an immediate payment enables your order to be processed faster. Failure to do so may lead to no stock availability after payment has been made however, we will provide a store credit/refund to you or alternatively, give you another option of what stock is available for you to choose from. Refer to the Refunds and Returns Policy for further information.

Payment for the goods and delivery charges can be made by any method shown on our website at the time you place your order. Products incorrectly displayed due to a pricing, system, or supplier-feed error are not valid offers for sale. Any orders placed for such products will be cancelled, and any transaction or payment-processing fees incurred will not be refundable.

Payment is due prior to the delivery date, and on-time payment is a key. Failure to do so will result in us terminating the order. There will be no delivery of goods until cleared funds have been received and the order has been accepted.

An admin fee of 5% will be levied on any payment method, incurring transaction fees, other than EFT, for any cancelled orders.

Please note that all pre-orders for trading cards and collectibles are subject to a 20% cancellation fee. Should you choose to cancel your pre-order, 20% of the total order value will be retained as a non-refundable fee to cover stock allocation and related costs.

Ownership of goods will transfer to you once payment in full has been received, accepted and delivery thereof has successfully taken place or EKD Online (Pty) Ltd has completed your order. All risk related to any products shall transfer to you on date of the order being completed by EKD Online (Pty) Ltd.

Trading Cards, Collectibles and Product Quantity Limits

Certain trading cards, collectibles and limited-release products are subject to a maximum purchase quantity. The applicable limit will be displayed on the relevant product page.

Unless the product page states otherwise, the limit applies to the total quantity ordered by or for the same customer across all related orders. It does not apply separately to each order or checkout.

Customers may not avoid or attempt to avoid a product limit by:

  1. Placing multiple or duplicate orders;
  2. Using guest checkout or more than one customer account;
  3. Using different email addresses, telephone numbers, billing details, delivery details or payment methods; or
  4. Asking another person to place an order on their behalf.

EKD Online (Pty) Ltd may treat orders as related where there are reasonable grounds to do so based on the account, customer, contact, billing, delivery, payment or order information available to us.

By submitting an order for a limited product, the customer confirms that the total quantity ordered by or for that customer does not exceed the displayed limit. Multiple orders or accounts may not be used to avoid this limit.

Receiving an order number, making payment, receiving an automated email or an order being marked as “On Hold”, “Payment Received” or “Processing” does not remove or override the applicable product limit and does not require EKD Online (Pty) Ltd to accept quantities above that limit.

Where a customer exceeds or attempts to avoid a clearly displayed product limit, EKD Online (Pty) Ltd may, before accepting the order:

  1. Reduce the order to the permitted quantity and cancel the excess quantity; or
  2. Reject or cancel the affected order and any related orders placed to avoid the limit.

The customer will be notified, and the refundable amount relating to the cancelled goods will be returned through the original payment method.

Payment-Gateway Costs Caused by a Limit Violation

EFT is available as a payment method and does not carry a third-party payment-gateway transaction fee.

PayFast, Ozow, Payflex and other payment providers may charge EKD Online (Pty) Ltd transaction or refund fees when a customer chooses to use their services. Some of these fees may not be returned to EKD Online (Pty) Ltd when an order is refunded.

If you knowingly exceed the displayed limit and choose a payment gateway instead of EFT, the actual non-refundable gateway cost caused by cancelling the excess quantity may be deducted from your refund, where permitted by law and the payment provider’s rules. Please review your total quantity before paying.

Where an order is cancelled or reduced solely because the customer exceeded or attempted to avoid a product limit that was clearly displayed before payment, EKD Online (Pty) Ltd may, to the extent permitted by applicable law and the relevant payment provider’s rules, deduct only:

  1. The actual third-party transaction fee that was charged to EKD Online (Pty) Ltd and was not refunded or credited by the payment provider in respect of the cancelled amount; and
  2. Any separate refund-processing fee actually charged by the payment provider.

Accuracy of Information

Pricing, System and Supplier-Feed Errors

EKD Online (Pty) Ltd is not liable if the information provided on this site is not accurate, complete or up-to-date. This site’s content is intended for general information purposes only. Any reliance on the information on this website is at your own risk.

EKD Online (Pty) Ltd takes reasonable measures to maintain accurate prices, specifications and stock information. However, typographical errors, decimal-point errors, data corruption, software faults, integration failures and incorrect information received from suppliers or distributors may occasionally cause products to be displayed incorrectly.

A price that is zero, nominal, placeholder, manifestly incorrect, commercially unrealistic or obviously inconsistent with the nature and ordinary value of the product is not an intended selling price. Examples include, without limitation, products displayed at R0.00, R0.01, R0.04, R0.05 or another nominal cent value because of a pricing, technical, system or supplier-feed error.

A reasonable customer who encounters a price that appears materially or commercially unrealistic must contact EKD Online (Pty) Ltd for verification before placing an order. A customer may not rely on an obvious error where the customer knew, or reasonably ought to have known, that the displayed price was not the intended selling price.

Where EKD Online (Pty) Ltd identifies an incorrect price before accepting the order, EKD Online (Pty) Ltd may:

  • Reject or cancel the affected order;
  • Correct the displayed price;
  • Notify the customer of the error and correct price;
  • Invite the customer to submit a new order at the correct price.

If an error is discovered after a binding contract has been formed, EKD Online (Pty) Ltd may cancel or otherwise challenge the transaction only to the extent permitted by applicable law, including where the customer knew or reasonably ought to have known that EKD Online (Pty) Ltd had made a material mistake.

Multiple, Duplicate and Bulk Orders During an Error

Placing multiple, duplicate or bulk orders does not convert an erroneous price into a valid price and does not create an obligation on EKD Online (Pty) Ltd to accept any affected order.

Where multiple orders appear to arise from the same pricing, stock, technical, system or supplier-feed incident, EKD Online (Pty) Ltd may treat the orders as related and reject or cancel all affected orders that have not been validly accepted.

Factors that EKD Online (Pty) Ltd may reasonably consider include:

  1. The number of orders placed;
  2. The quantity of each product ordered;
  3. The difference between the displayed price and the product’s ordinary value;
  4. Whether several high-value products were ordered at the same nominal or erroneous price;
  5. Whether an error notice had been displayed or communicated;
  6. Whether the customer knew or reasonably ought to have known of the error; and
  7. Whether the orders appear intended to circumvent quantity limits, verification procedures or a previously communicated cancellation.

EKD Online (Pty) Ltd may apply reasonable product quantity limits and may temporarily restrict further order submissions where reasonably necessary to protect the website, supplier integrations, stock records or payment systems from abuse. Any such action will be exercised lawfully and will not limit a customer’s right to raise a genuine complaint or exercise any non-excludable consumer right.

Website Error Notices

Where EKD Online (Pty) Ltd becomes aware of a material stock, pricing, technical or supplier-feed error, EKD Online (Pty) Ltd may temporarily suspend affected products or display a notice advising customers that the website is undergoing correction.

Customers must not place orders for products reasonably identifiable as being affected by a published error notice. Orders placed while such an error is being investigated remain subject to verification.

Stock Availability

All products are subject to stock availability and supplier confirmation. Payment, payment authorisation or an automated email does not reserve or allocate stock.

Where stock becomes unavailable before EKD Online (Pty) Ltd accepts an order, EKD Online (Pty) Ltd may reject the order and issue a refund through the original payment method or, with the customer’s express agreement, assist the customer in selecting an alternative product.

Delivery and Insurance Costs

As an online based e-commerce store, we send out all our products via courier. We do not accept nor send out products through the post. EKD Online (Pty) Ltd only delivers within the borders of Southern Africa and courier costs are calculated on average courier charges.

The goods will be delivered to the full address provided to us at the checkout. Please ensure to fill out all required forms in order for us to provide fast and reliable services regarding your delivery.

For orders delivered by courier companies (hereinafter referred to as couriers) the insurance charge is two percent (2%) of the total order value. The customer is solely responsible for the excess amount due. We inform you to notify us when insurance on goods for delivery is required. Delivery charges and/or courier insurance charges are non-refundable for completed orders.

We are not responsible for any delays in courier delivery times. Delivery dates and/or times given by EKD Online (Pty) Ltd for the delivery of the product(s) are merely estimates and shall not constitute any grounds for cancelling an order.

No responsibility or liability, whatsoever, shall attach to EKD Online (Pty) Ltd or its employees for any loss or damage to the goods, once in the courier’s possession, on the date of collection of the goods from the courier. Any delays which cause loss of income, will not be the responsibility of EKD Online (Pty) Ltd.

Courier Terms

Terms & Conditions | The Courier Guy │ Worldwide Express

Courier services used for the majority of EKD Online (Pty) Ltd deliveries are via The Courier Guy. In the case whereby an alternative courier service is to be utilised, the client will be notified accordingly.

Personal Information

Your submission of personal information through the store is governed by our Privacy Policy. EKD Online (Pty) Ltd shall endeavour to ensure that your personal information and/or card details are protected, however, by using this site & payment methods offered, you acknowledge that there is no guaranteed secure transmission of data transfer over the internet & EKD Online (Pty) Ltd shall not be liable thereof for any loss incurred.

Warranties

All warranties are provided through manufacturers and not directly through EKD Online (Pty) Ltd. EKD Online (Pty) Ltd does not take responsibility for direct warranty of any products bought from us. All goods sold shall only be covered by the manufacturer’s warranty. Please note that all trading card products are non-returnable, non-refundable, and are not covered under any warranty.

New products carry the warranty in accordance with the manufacturers’ product specific warranty. Please refer to user manuals & manufacturers’ websites for warranty terms & conditions. Warranty is covered by its respective Authorized Service Center. Some suppliers and/or manufacturers have specific service centers who deal with the warranty claims. Their repair times and decisions on whether to repair/replace/credit is out of our control. Customers will be assisted with warranties through trusted manufacturers that can evaluate the damage caused by hardware failure or any other limited causes.

Any warranty in respect to the goods sold on this site, shall apply only to the warranty provided by the manufacturer of the product for the period that such warranty applies. This warranty does not affect your statutory rights as a consumer. Should no warranty exist for the product in question, EKD Online (Pty) Ltd cannot be held responsible, in any way, for the repairs, replacement and/or costs associated therewith of the product.

Products which carry a limited warranty does not cover liquid or physical damage, over-clocking damage, acts of God (lightning damage, flash-flood damage, theft, riots) or customer remorse. Warranties are null and void if the user has made use of the product(s) in a way that appears to be inconsistent with the manufacturer’s specifications or if the product(s) have been utilised in a way that is not ordinarily used and as such has caused the damage or defect or if any component(s) have been deliberately removed or found to be missing. Stock sold may come with manufacturer’s warranties which vary according to the product and manufacturer. Such claims must be handled directly with the relevant manufacturer according to their policies and processes.

All Promotional items (free goods e.g., mouse/mouse pad/external drive/components etc.) do not carry any warranty. All items sold for the purposes of mining, or on a mining site, come with limited manufacturer’s warranty. In some cases, no warranty for cryptocurrency mining graphics cards is provided.  If the manufacturing sticker on / inside the product was removed or damaged, it would no longer be covered by the warranty. Products with no official branded labels or serial numbers, or if the serial number does not match the product or cannot be identified, warranty and after-sale services will not be provided. Replacement or removal of genuine serial number stickers on the product, will break the warranty. Warranties are void for any other situation specifically included in the supplier’s policies and/or warranties which may specifically prohibit the customer from using it as a reason to return a product.

Physically damaged items will not be accepted. Any damage that is not produced by normal wear and tear is referred to as physical damage. If we get a physically damaged item, we will send it back to the customer/client at their own expense. If the box and/or packaging is damaged in any way, or the product has been tampered with or found to be damaged, defaced or it appears that the unit was opened & re-taped, it will be rejected immediately. Warranties will be considered null and void if there is clear evidence of consumer negligence and/or abuse of the product.

In the event that your return is denied or that the return will not be accepted, the goods will be returned to the client at the client’s expense.

Third-party Links

Third-party materials may be included in some of the content, goods and services offered through our service. This site’s third-party links may take you to websites that are not linked with us. We are not responsible for inspecting or analyzing the content or accuracy of third-party materials or websites, or for any other materials, products, or services provided by third-parties, and we do not warrant and will not have any duty or obligation for them.

Changes to Terms of Service

You can review the most current version of the Terms of Service at any time on this page. 
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website at any time. It is your responsibility to check our website periodically for changes. Your continued use of, or access to, our website or the service following the posting of any changes to these Terms of Service, constitutes acceptance of those changes. 

Applicable Consumer Law

Nothing in these Terms excludes, limits or overrides any right or remedy that may not lawfully be excluded under the Consumer Protection Act, the Electronic Communications and Transactions Act or any other applicable South African law.