© 2019 All Rights Reserved.

TERMS & CONDITIONS

PAYMENT METHODS​

Currently we only accept EFT payments!

1. INTRO
The Musiekwereld online shop, hereafter referred to as 'the site', can be accessed at www.musiekwereld.co.za as well as on related mobile sites and applications. The site enables buyers to shop online for items including musical instruments, sound equipment, software and accessories from selected local and international brands, hereafter refered to as 'the products', and have them collected at our shop or delivered, door-to-door or door-to-post office counter, within South Africa.

Legally binding contract

All users are bound by the terms and conditions as stipulated in our Terms & Conditions. By using the site, the buyer confirm that they have read and accepted these Terms and Conditions. In using the site, the buyer furthermore confirm that the buyer  agree that  that these Terms and Conditions is leagally binding  when the buyer use the site.
Should there be any clause in these Terms and Conditions that the buyer do not understand, the onus is on the buyer to ask Musiekwereld to please explain the relevant clause/s to the buyer before the buyer buy from the site.

With whom are the buyer entering into a contract?

The site is owned and operated by JV Musiekwereld cc, herafter refered to as Musiekwereld,  as a division of  Musiekwereld. Musiekwereld is a company incorporated in the Republic of South Africa. More information about Musiekwereld is available at the end of these terms and conditions.

Products and availability

Please note that the stock of all items on offer is limited. Musiekwereld will make all reasonable attempts to ensure that offers are brought to an end when stock is sold out. If Musiekwereld is unable to fulfil any order at the advertised price, Musiekwereld will inform the buyer and the buyer will be entitled to a reimbursement for the rand value paid for such a product. Please note, the Musiekwêreld's Delivery and Returns policy is incorporated in and form part of the Terms and Conditions.

2. BUYING PRODUCTS

  1. The site allows the buyer, the user, to place electronic orders for one or more products on offer as long as such products are available and not sold out.

  2. A purchasing contract between the buyer and Musiekwereld only comes into effect once the buyer have fully completed AND submitted the online order form for the one or more products in the buyerr basket/shopping cart AND the buyerr payment has been authorised by Musiekwereld (or has been received into Musiekwereld’s bank account). The above is dependent upon the product being available.

Products on the Musiekwêreld online shop cannot be reserved to be bought at a later stage and placing an item in the buyerr basket without completing the order does not amount to a sale or an order. This also mean that Musiekwêreld may remove any item from the buyerr basket before the sale actually takes place in the event that the product is no longer available and in stock.
Musiekwereld cannot be held responsible at any time if an order has become unavailable by the time the buyer attempts to complete a purchase.

A copy of the invoice will be included with the buyer's parcel.

3. CANCELLING AND TERMINATING ORDERS
Musiekwêreld reserves the right to refuse processing of payment for any order and/or to cancel any purchase, partially or completely, with notice given to the buyer. 
Musiekwereld will be liable for reimbursing the buyer only the rand value paid,  if the buyer has already paid for the cancelled order. The buyer have the right to return item(s) purchased

4. FRAUD
Musiekwereld reserves the right, in the interest of preventing fraud, to refuse the processing of payment for any order and/or to cancel any purchase, partially or completely.
Musiekwereld may request documentation to complete the necessary fraud checks and cancel any order where the necessary documentation is not provided by the buyer in a timely manner.
Musiekwereld does not process refunds for orders suspected of fraud.
Musiekwereld does not provide order details relating to orders suspected of fraud.

5. PRODUCT PRICING
The price of each product is given in the product information.

The Regular Retail Price

  1. The Regular Retail Price ('RRP') is the standard price that Musiekwêreld charges for the product. The RRP is determined by considering the suppliers’ price, market conditions, and the prices being offered by other local retailers.

  2. When a product is not on sale or included in a discount promotion, the RRP is the price the buyer will pay when the buyer purchase the product ('purchase price').

  3. Please note that RRP can change over time, during which period the product may be sold. The RRP applicable at the time the product is introduced may therefore differ from the RRP at the time of  the buyer's purchase. When this is the case, the order will not be processed and the buyer will be notified of the difference in price. The onus is then on the buyer to accept the purchase at the changed price.

 

The Discount Price

  1. When Musiekwêreld is having a sale or has products in the online store or is running a discount promotion on specific products on the site – the discount price will be shown shown on the product page, as well as the Regular Retail Price ('RRP'). The discount price will be shown in red and the RRP will be shown alongside it – but will be striked through.

  2. When a discount price is shown on the product page, the discount price is the price the buyer will pay when the buyer add the product to the cart at the discounted price. The sale will then be concluded at the discounted as the final purchase price.

Pricing accuracy

  1. Every reasonable effort will be made to ensure that the RRP and, if applicable, the Discount Price of all products on the site are correct at the time of the buyer's purchase. If, however, the product is offered at an erroneous price, Musiekwêreld will not be obliged to supply the said product at the incorrect price.

  2. Musiekwereld will only be liable to return payment already made by the buyer in the case the buyer choose to cancel the sale once the buyer have been made aware of the correct price.

6. DELIVERY FEES

  1. For orders of R25000 or more, in main delivery centres within South Africa, Musiekwereld delivers door-to-door free of charge.

  2. For orders under R25000, in main delivery centres within South Africa, Musiekwereld delivery charges are based on the weight of the item for delivery door-to-door.

  3. Musiekwereld does not deliver to PO Boxes.

  4. Every reasonable effort is taken to ensure that the delivery costs displayed on the site are correct at the time of the buyer's purchase. However, if a delivery fee is incorrectly displayed, Musiekwereld will not be obliged to deliver products at an incorrect delivery fee. Musiekwereld will only be liable to return payment already made by the buyer in the case the buyer choose to cancel the sale once the buyer have been made aware of the correct delivery fee.

7. MAKING A PAYMENT
Paying by EFT

  1. Musiekwereld accepts payments made by EFT for online purchases.

  2. Musiekwereld will wait for proof of payment and the funds  to reflect in their bank account before a product is shipped.


8. PLACE OF DELIVERY

  1. Musiekwêreld delivers within business hours within the Republic of South Africa.

  2. The buyer indicate the delivery address in South Africa where the buyer require the delivery to be made, as well as contact numbers to be used in connection with said delivery.

  3. In the case of door-to-door delivery, the buyer's parcel will be delivered to the address the buyer specified in the checkout process.

  4. In the case of door-to-door delivery, if nobody is present at the address at the time of delivery, our courier will on the second attempt of delivery use the mobile phone number the buyer provided in the buyer's order and/or leave a note (in the letterbox of a residential address) to indicate that there was an attempted delivery.

  5. The courier will try once more, and if at that time there is still no one to sign for the parcel, it will be the buyer's responsibility to send an email to Musiekwêreld to arrange delivery, which may have additional cost implications.

  6. If the buyer do not contact Musiekwereld within five working days of the courier attempting the second delivery, the courier will return the parcel to Musiekwêreld, and we will contact the buyer via email to discuss potential re-delivery at the buyer's own cost.

  7. If this attempt does not succeed within a reasonable amount of time, Musiekwêreld will reimburse the buyer the rand value paid for the product(s) purchased. If a  delivery fee were charged on the order, this fee will not be reimbursed.

 

Delivery time and delays

  1. Unless we inform the buyer otherwise, before the buyer place an order and before the final confirmation, the estimated maximum delivery time for an order in South Africa, door-to-door is 7 working days.

  2. As outlined in Section 8.1 above, all Musiekwêreld's deliveries take place during business hours, i.e. there are no deliveries over weekends or public holidays. Please take this into consideration when selecting the buyer's delivery address.

 

Delivery Completed

  1. A delivery is considered complete as soon as the parcel is accepted by an individual on the buyer's behalf at the buyer's specified delivery address or the parcel is successfully delivered by Speed Services to the post office associated with the buyer's delivery address.

  2. A delivery is also considered complete when the package has been handed over by the courier, as indicated in the courier’s tracking system.

  3. It is the buyer's responsibility to ensure that the buyer or the intended receiver of the gift (when applicable), inspect the parcel on arrival and makes known any justifiable complaints. The receiver has the right to refuse the parcel if it appears to have been opened or if it has clearly been damaged.

  4. Such complaints and claims must be brought to the attention of Musiekwêreld by calling us on +27 21 949 4070 (Monday to Friday, 09:00 to 17:30 and Saturdays, 09:00 to 13:00).

 

Lost parcels

  1. If neither the courier's depot nor the courier's tracking system provides any indication where the parcel is, the buyer need to call Musiekwêreld at +27 21 949 4070 or send an email to info@musiekwereld.co.za.

  2. If the parcel is found, it will be sent to the specified delivery address by the usual procedure, as set out in the delivery clause.

  3. If the parcel is declared lost, Musiekwereld will notify the buyer and reimburse the buyer for the lost parcel (to the amount of the product purchase price in rand and any relevant delivery fee).

9. DEFECTIVE ITEMS, RETURNS AND REIMBURSEMENT
If the buyer are dissatisfied with the purchase due to a defect, the buyer may return it to Musiekwereld within 7 days of delivery, free of charge, if the buyer are based in South Africa. The buyer will either receive a credit on their Musiekwêreld account or a refund in their specified bank account or have the product repaired or replaced, depending on the situation.

The Delivery and Returns policy incorporated in this Terms and Conditions informs the buyer of their rights in this regard.

10. SALES RECORDS
Complete records of each transaction between the buyer and Musiekwêreld are kept on the site for 12 months after a particular purchase or related transaction. During this time, the buyer will be able to view and print out these records. After this 12-month period the responsibility of keeping such a record becomes the buyer's onus.

11. SECURITY
Anyone downloading code or try to download malware to the site or damage coding on the site  or who tries to gain unauthorised access to any part of  this site, will be prosecuted when found guilty.

Musiekwêreld will claim civil damages against such a person if Musiekwêreld suffers any damage or loss.

The buyer agree and guarantee that the username and password the buyer use to log in is for the buyer's personal use only and may not be passed on to any third party.

The buyer allow Musiekwêreld to take all steps reasonably possible to ensure the integrity and security of the site and of their administrative communication with buyers.

All transactions on the site are protected by SSL (Secure Socket Layer) encryption and reinforced by various encryption processes with the aim of offering the most effective possible protection of any sensitive information. Musiekwêreld has no access to any confidential information regarding the buyer's payment method.

Musiekwêreld’s registration documents and the registered domain name are verified and underwritten by Thawte.

12. INDEMNITY
Musiekwêreld is responsible for adhering to the Consumer Protection Act 68 of 2008 with the sale of any products from the site. Similarly, Musiekwêreld is responsible for adhering to articles 43(5) and 43(6) of the Electronic Communication and Transactions Act in terms of payment systems and security.

However, neither Musiekwêreld nor any of its representatives will be held responsible for any loss or accountability of any kind that arises from the use of (or inability to use) this site, its services or content.

Furthermore, Musiekwêreld provides no guarantee, implied or otherwise, that the content or technology attached to this website is free or errors or omissions. Nor is there any guarantee whatsoever that service will be 100% uninterrupted or faultless. We encourage the buyer to report any possible malfunctions and errors by emailing info@musiekwereld.co.za.

You can also call Musiekwêreld on 021 949 4070 (Monday to Friday, 09:00 to 17:30 and Saturdays, 09:00 to 13:00).

Although the products on the site may be under guarantee, the site itself is offered on an 'as it is' basis and is therefore not set up to deliver according to the buyer's individual specifications.

It is the buyer's responsibility, before accepting these Terms and Conditions, to determine whether the service available through this site satisfies the buyer's individual needs and is compatible with the buyer's hardware or software. Information, ideas and opinions expressed on this web site should not be regarded as professional advice or as Musiekwêreld‘s official stance.

We encourage the buyer to obtain professional advice before taking any action on the strength of information, ideas or opinions expressed on this site.

Applicable Laws

This site is offered, controlled and operated from the Republic of South Africa. As such it is governed by South African legislation, and subject to the disputes clause in these Terms and Conditions.

The buyer and Musiekwêreld are subject to the non-exclusive jurisdiction of the South African courts. Each and every section of these terms and conditions must be read as individual and separable from the rest of the Terms and Conditions.

Should any court or qualified authority find that any of the terms are invalid or unenforceable, the remainder of the Terms and Conditions will remain in force, despite the invalidity or unenforceability of any individual term or clause.

13. PRIVACY
Musiekwêreld has to take all reasonable steps to protect the buyer's personal information. For the ends of this clause, 'personal information' is defined according to the details in the Promotion of Access to Information Act, number 2 of 2000 (PAIA).

Musiekwêreld is authorised to gather, store and use the following of the buyer's information:

Name and surname
Date of birth
Sex
Citizenship
Nearest city
Non-personal click patterns
Email address
IP address, and
ID or passport number

Musiekwêreld is entitled to gather, store and use the above information for the following purposes:

  1. To greet the buyer when the buyer access the site

  2. To inform the buyer (if the buyer have agreed to this) of facts regarding the buyer's access and use of the site

  3. To inform the buyer (if the buyer have agreed to this) of competitions and promotions offered by Musiekwêreld or its partners

  4. To set up non-personal statistics about internet habits, click patterns and access to the site

  5. To verify the buyer's identity when the buyer make a transaction through Musiekwêreld

  6. To ensure the products are received by the addressee

  7. For remarketing purposes

  8. The above information is either gathered electronically through the use of 'cookies', or provided by the buyer voluntarily. The buyer can regulate the use of 'cookies' independently with the buyer's personal search engine settings

  9. The buyer can choose to not receive any direct marketing information from Musiekwêreld and its partners

 

Musiekwêreld is entitled to gather, store, compile and share any information gleaned from the buyer, subject to the following conditions:

Musiekwêreld may not make any of the buyer's personal details public unless the buyer have agreed to it, or unless it is required for the purposes of any judicial process.

Musiekwêreld may compile, use and share any information that has no bearing on any particular individual, and Musiekwêreld owns and reserves the right to non-personal statistical information gathered and complied by Musiekwêreld.

The buyer acknowledge and agree that certain personal information (such as the buyer's full name, delivery address, email address and contact details) may be passed on to the courier company to ensure delivery of the products the buyer have bought.

14. CHANGES TO TERMS AND CONDITIONS
Musiekwêreld may, at its own discretion, change these terms and conditions or any part thereof. If the buyer is a registered account holder, Musiekwêreld will inform the buyer of such changes by email (to the address the buyer use on registration). From that point, it will be the buyer's responsibility to read through the revised terms and conditions to ensure they are satisfied.

If the buyer is dissatisfied, the buyer have the right to terminate their registration at Musiekwêreld.

If the buyer is NOT a registered user, Musiekwêreld will be unable to let the buyer know of changes to these terms and conditions.

It will be the buyer's own responsibility to visit the website to check whether the terms and conditions have changed to ensure the buyer is satisfied with the changes. If the buyer is dissatisfied with any changes, the buyer should not use the site in any way.

15. DISPUTES
Except for  urgent or interim legal help that may be granted by a court of law; in the event of any disputes of any kind between the buyer and Musiekwêreld, arising from any situation provided for in these Terms and Conditions (or that arises from these Terms and Conditions) which cannot be resolved by Musiekwêreld, the dispute may be presented for confidential arbitration.

Such arbitration will be handled according to the rules stipulated by the Arbitration Foundation of South Africa. These rules can be found on their website. (http://www.arbitration.co.za/downloads/expedited_rules.pdf)

16. LEGAL NOTICE ADDRESS
Musiekwêreld elects as address for all purposes regarding these Terms and Conditions, whether for legal notices or serving of other communication documents of any kind, the following address:
17 Maritz Street, Bellville, Cape Town, 7530

An electronic copy of such legal notices will be sent to the buyer (Such copy must be delivered in conjunction with physical copy for serving to be effected.)

17. TERMS AND DISCONTINUATION
These Terms and Conditions take effect on the date of the first publication of the site and will continue indeterminately. It may be revised by Musiekwêreld from time to time (as described above), for as long as the website continues to exist and be in operation. Musiekwêreld is entitled to terminate these Terms and Conditions or close down the website at any time, subject to processing any pending purchases.

If the buyer don’t meet the buyer's obligations regarding these terms and conditions, including any incidents about payment and price or an order, and the buyer neglect to rectify such non-adherence within 5 working days after Musiekwêreld has instructed the buyer to do so, the buyer's access to the service will be blocked.

Musiekwêreld have the right to close the buyer's account and deny the buyer access to the site, depending on the severity of the buyer's actions. Such action on the part of Musiekwêreld will not have any negative effect on any damages Musiekwêreld may claim.

18. COPYRIGHT AND OTHER INTELLECTUAL PROPERTY
All content, trademarks and data on this website, including but not limited to software, databases, text, graphics, icons, links, private information, designs and agreements, are the property of or under licence of Musiekwêreld. As such they are protected by local and international legislation and agreements.

19. ELECTRONIC COMMUNICATION
When the buyer sign up for a Musiekwêreld newsletter, opt into marketing communication, register an account, conclude a purchase, visit the site or send an email to , the buyer agree to get electronic communication from Musiekwêreld.

20. CORPORATE INFORMATION
The Electronic Communication and Transactions Act determines that when goods or services are provided via certain electronic transactions, the seller must make certain information public on the site where the goods or services are offered.

Musiekwêreld's Information is as follows:
Name: JV Musiekwêreld cc
Core business: RETAIL – MUSICAL INSTRUMENTS

Legal Notice Address: 17 Maritz St, Bellville, Cape Town, 7530

Director: Johann Visser

Website: www.musiekwereld.co.za
Official email address: info@musiekwereld.co.za

  • Musiek Wêreld Bellville
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