Terms and Conditions – Tonerhub

Effective Date: 10-01-2024

Introduction

• This website, accessible at www.tonerhub.co.za, is owned and operated by TonerHub Pty Ltd (“TonerHub,” “we,” “us,” and “our”).
• These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale, and delivery of Products (“Printer Consumables”) and the utilization of the Website.
• These Terms and Conditions are legally binding and applicable to every individual accessing or utilizing this Website (“you,” “your,” or “user”). By using the Website and clicking the “Sign in” button, if applicable, you acknowledge having read and agreed to be bound by these Terms and Conditions.
• The Website facilitates the procurement of a diverse range and brands of Printer Consumables (“Products”).
• Your usage of our website, regardless of your geographical location, is contingent upon compliance with these Terms and Conditions, provided that any delivery address, including returns collections, is within the borders of the Republic of South Africa.
• TonerHub allows vendors (“Third-Party Seller”) to list and sell their Products on the Website. TonerHub will explicitly state on relevant product and checkout pages when Products are offered by a Third-Party Seller. Specific terms in these Terms and Conditions are applicable solely to purchases from Third-Party Sellers, and others are exclusive to purchases from TonerHub, as indicated in the relevant clause.

Important Notice

• These Terms and Conditions pertain to users classified as consumers under the Consumer Protection Act, 68 of 2008 (the “CPA”).
• The provisions in these Terms and Conditions, resembling this clause in text and style, may:
  • Limit TonerHub’s or a third party’s risk or liability.
  • Create risk or liability for the user.
  • Compel the user to indemnify TonerHub or a third party.
  • Serve as an acknowledgment by the user of a fact
• Your attention is specifically drawn to these Terms and Conditions due to their significance, and careful consideration is advised.
• If there is any provision in these Terms and Conditions that you find unclear, it is your responsibility to seek clarification from TonerHub before accepting the Terms and Conditions or continuing to use the Website.
• Nothing in these Terms and Conditions is intended or should be construed to unlawfully restrict, limit, or avoid any rights or obligations, as applicable, created for either you or TonerHub under the CPA.
• TonerHub grants permission for the use of this Website, subject to the Terms and Conditions. Your use of this Website in any manner signifies unconditional acceptance of all the Terms and Conditions. If you disagree with the Terms and Conditions, refrain from using this Website.

Use of the Website

• Order Placement
  • Buyers are not obligated to sign in before placing orders for Products on the Website.
• Registration for Third-Party Resellers (Vendors)
  • Third-party resellers are mandated to register and possess an account with TonerHub to initiate selling on the Website.
  • To register as a third-party reseller, you must furnish a unique username and password, along with specific business and personal details to TonerHub. Your account dashboard can be accessed using the unique username and password.
  • You affirm and guarantee that your username and password will:
    • Be utilized exclusively for personal use.
    • Not be disclosed to any third party.
  • For security reasons, you commit to entering the correct username and password each time you access your account; failure to do so will result in denied access.
  • You acknowledge that, irrespective of the authorized or fraudulent use of your username and password, you assume liability for any misconduct.
  •  Immediate notification to TonerHub is mandatory upon discovering or reasonably suspecting any unauthorized access or use of your username and password. Additionally, you agree to take mitigating measures against any ensuing loss or harm.

Age and Capacity

• By utilizing the Website, you affirm that you are 18 (eighteen) years of age or older and possess full legal capacity.
• If you are under 18 (eighteen) or lack legal permission to enter a binding agreement, the Website may only be used under the supervision and involvement of your parent or legal guardian. The supervising party, upon providing consent, agrees to be bound by these Terms and Conditions and assumes liability for your obligations.

Prohibited Actions

• You undertake not to employ any device, software, or instrument to disrupt or attempt to disrupt the proper functioning of the Website.
• Furthermore, you agree not to use any robot, spider, automatic device, or manual process to monitor, copy, distribute, or modify the Website or its information without prior written consent from an authorized TonerHub representative. Standard search engine technology is exempted from this requirement.

Content Distribution

• The Website must not be used to disseminate material that is defamatory, offensive, constitutes hate speech, or is otherwise unlawful.
• Use Restrictions
  • Displaying, publishing, copying, printing, posting, or otherwise utilizing the Website and its information requires explicit prior written consent from an authorized TonerHub representative.

Conclusion of Sales and Availability of Stock

• Order Acceptance and Rejection
  • Users may submit orders for Products, subject to acceptance or rejection by TonerHub or the Third-Party Seller. The acceptance of an order is contingent upon Product availability, accuracy of Product information (including, but not limited to, price), and TonerHub’s receipt of payment or payment authorization for the Products.
  • IMPORTANT: Confirmation of order acceptance by TonerHub or the Third-Party Seller occurs upon delivery of the Products or authorization for collection. At this point, a sales agreement between you and TonerHub or the Third-Party Seller (the “Sale”) is established. This holds true irrespective of any communication from TonerHub confirming your order or payment. TonerHub will signify rejection of your order (by TonerHub or the Third-Party Seller) by cancelling it and promptly refunding any paid amount.
  • Prior to delivery or collection, order cancellation is permissible. After delivery or collection, Product return is only acceptable as per the Returns Policy.
• Wishlist and Shopping Basket
  • Adding Products to a Wishlist or shopping basket without completing the purchase cycle does not constitute an order. Consequently, Products may be removed from the basket if stock becomes unavailable or if the price changes without notice. TonerHub or the Third-Party Seller bears no responsibility if Products are unavailable or priced differently when completing the purchase cycle at a later stage.
• Limited Stock and Pricing Changes
  • You acknowledge the limited stock of all offered Products, and pricing adjustments may occur without prior notice. For TonerHub-sold Products, reasonable efforts are made to monitor and discontinue offers when stock is depleted. However, stock availability cannot be guaranteed. If ordered Products become unavailable, TonerHub will notify you, and a refund will be issued for any paid amount.
  • In the case of Products sold by a Third-Party Seller, TonerHub relies on inventory information provided by the relevant Third-Party Seller and assumes no liability for inaccuracies. If you order Products from a Third-Party Seller that are sold out, disputes should be resolved directly between you and the Third-Party Seller, adhering to the rights and obligations outlined in these Terms and Conditions.
  • Bulk orders for resale must be placed through a quotation request form on the “Bulk sales” page, not the shop page.

 Errors

•  Accuracy Efforts
  • We commit to making reasonable efforts to accurately depict the description, availability, purchase price, and delivery charges of Products on the Website.
  • However, in the event of any errors on the Website (not stemming from gross negligence), we shall not be held liable for any loss, claim, or expense arising from a transaction based on such errors. In the case of an incorrect purchase price, our liability is limited to refunding any amount already paid, as outlined in the Returns Policy.
•   Third-Party Website Disclaimer
  • TonerHub is not bound by any incorrect information regarding our Products displayed on third-party websites.

Third-Party Sellers

• Transaction Facilitation
  • TonerHub will clearly identify on relevant product and checkout pages when Products are offered by a Third-Party Seller. In such instances, TonerHub functions solely as a platform facilitating transactions between Third-Party Sellers and TonerHub customers. TonerHub is neither the buyer nor the seller of these Products unless explicitly stated.
  • The Sale, formed upon acceptance of your order for Products sold by a Third-Party Seller, is exclusively between you and the respective Third-Party Seller. TonerHub is not a party to that sale.
  • The Third-Party Seller bears sole responsibility for the fulfilment of Product delivery and is obligated to provide an invoice to the customer if deemed necessary.
  • Notably, not all Third-Party Sellers are registered VAT (Value-Added Tax) vendors. Only registered VAT vendors among Third-Party Sellers may levy VAT on Products and issue a corresponding tax invoice. If a Third-Party Seller is not a registered VAT Vendor, it cannot impose VAT on Products sold and will not be able to issue a tax invoice accordingly.
  • To ensure a secure and consistent experience, TonerHub will manage any returns under the Consumer Protection Act (CPA) or the Electronic Communications and Transactions Act 2002 (“ECT Act”) arising from or associated with the Sale between you and a Third-Party Seller. This will be done in accordance with TonerHub’s Returns Policy. If such a claim transforms into a dispute, while TonerHub has the right to intervene for resolution, it is not obligated to do so, and any disputes must be settled solely between you and the relevant Third-Party Seller.

Changes to these Terms and Conditions

• Modification Authority
  • TonerHub retains the sole discretion to modify any of these Terms and Conditions at any time. Regularly checking these Terms and Conditions is your responsibility to ensure satisfaction with any changes. If dissatisfied, refrain from placing further orders on the Website or using it in any manner.
  • Any modifications will only apply to your use of the Website after being displayed. If you continue using the Website following the display of amended Terms and Conditions, you will be deemed to have accepted such changes.

Electronic Communications

• Consent to Electronic Communication
  • When visiting the Website or sending emails to us, you consent to receiving electronic communications from us, our divisions, affiliates, or partners, in accordance with our privacy policy.

Ownership and Copyright

• Protection of Website Content
  • The contents of the Website, encompassing material, information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, trade names, logos, trademarks, designs, and service marks displayed or incorporated in this Website (“Website Content”), are legally protected, including but not limited to copyright and trademark law. The Website Content is either the property of TonerHub, its advertisers and/or sponsors, or is licensed to TonerHub.
  • No right, title, or interest in or to the Website or the Website Content is conferred upon you.
  • Any use, distribution, or reproduction of the Website Content is prohibited unless expressly authorized in terms of these Terms and Conditions or as otherwise stipulated by law. Permission for the commercial use of any Website Content can be obtained through our Contact Us Page.
  • If any Website Content is licensed to TonerHub or belongs to a third party, your usage rights will also be subject to terms and conditions imposed by that licensor or Third-Party from time to time, and you agree to comply with such terms and conditions.

Disclaimer

• Use of the Website
  • The utilization of the Website is entirely at your own risk, and you assume full responsibility for any risk or loss resulting from the use of the Website or reliance on any information on the Website.
  • While TonerHub takes reasonable measures to ensure the accuracy and completeness of the Website content, TonerHub makes no representations or warranties, whether express or implied, regarding the quality, timeliness, operation, integrity, availability, or functionality of the Website. Similarly, no representations or warranties are made concerning the accuracy, completeness, or reliability of any information on the Website unless explicitly specified by TonerHub’s representatives, in which case, TonerHub shall not be bound thereby.
  • TonerHub disclaims liability for any direct, indirect, or consequential damage, loss, or expenses arising from or in connection with your access to or use of the Website and/or any content therein, unless otherwise provided by law.
  • Although Products sold through the Website may, under specific circumstances, be under warranty, the Website itself and all information provided on it are provided “as is” without any warranty, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as allowed by law.
  • Any views or statements made on the Website do not necessarily reflect the views of TonerHub, its directors, employees, and/or agents.
  • Additionally, TonerHub makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials, or any other data or code that may corrupt, destroy, compromise, disrupt, disable, harm, jeopardize, or otherwise impede the operation, stability, security, functionality, or content of your computer system, computer network, hardware, or software. You accept all risks associated with such viruses, destructive materials, or any other data or code that may corrupt, compromise, jeopardize, disrupt, disable, harm, or otherwise impede the operation or content of a computer system, computer network, handset or mobile device, or your hardware or software, unless such risks arise due to the gross negligence or willful misconduct of TonerHub, its employees, agents, or authorized representatives. TonerHub disclaims all liability for any damage, loss, or liability of any nature arising from or in connection with your access to or use of the Website.

Linking to Third-Party Websites

• External Links
  • This Website may contain links or references to other websites (“Third-Party Websites”) beyond our control, including those of advertisers. These Terms and Conditions do not apply to those Third-Party Websites, and TonerHub is not responsible for the practices and/or privacy policies of those Third-Party Websites or the “cookies” they may use.
  • Despite the Website referring to or providing links to Third-Party Websites, your use of such Third-Party Websites is entirely at your own risk. TonerHub disclaims responsibility for any direct, indirect, or consequential loss, expense, claim, or damage arising from your use of such Third-Party Websites or your reliance on any information contained thereon.

Limitation of Liability

• Information Accuracy and Pricing
  •  TonerHub cannot be held liable for any inaccurate information published on the Website or any incorrect prices displayed unless such liability arises from the gross negligence or willful misconduct of TonerHub, its employees, agents, or authorized representatives. Any malfunctions or errors should be reported through our Contact Us Page.
  • TonerHub shall not be liable for any direct, indirect, incidental, special, or consequential loss or damages arising from your use of, reliance upon, or inability to use the Website, and/or unlawful activity on the Website and/or any linked Third-Party Website.
  • You indemnify TonerHub against any loss, claim, or damage arising from your use of this Website and/or any linked Third-Party Website.

Availability and Termination

• Website Maintenance and Termination
  • We will make reasonable efforts to maintain Website availability, except during scheduled maintenance. TonerHub retains the right to discontinue providing the Website, or any part thereof, with or without notice.
  • TonerHub may, at its sole discretion, terminate, suspend, or modify this Website, with or without notice. TonerHub is not liable to you for any suspension, modification, or termination of this Website, except for processing orders made by you before such actions.
  • Failure to comply with your obligations under these Terms and Conditions may result in the suspension and/or termination of your access to the Website, with or without notice, without prejudice to any claims for damages or otherwise that we may have against you.
  • TonerHub is entitled to blacklist you on its database for suspected fraud or abuse of the Website, including creating multiple user profiles to exploit promotions. This may result in refusing to accept or process payment on any order, or canceling any order concluded between you and TonerHub. TonerHub’s liability is limited to refunding monies already paid by you, as per TonerHub’s Returns Policy, and disclaims other liabilities arising from such blacklisting or refusal to process orders.
  • You can choose to stop using the Website at any time, with or without notice to TonerHub.

Governing Law and Jurisdiction

• Legal Framework
  • These Terms and Conditions and any disputes arising from or in connection with them shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website signifies your consent and submission to the jurisdiction of the South African courts regarding any proceedings instituted by either party against the other arising from these Terms and Conditions.

Notices

• Legal Communication
  • TonerHub designates Unit B24 Brand Rd & Swart Dr, President Park, Midrand, Johannesburg, Gauteng, 1685 as its legal address for receiving formal notices and legal processes. TonerHub may change this address by updating these Terms and Conditions.
  • You select the delivery address specified with your order as your legal address, subject to change with not less than 7 days’ notice in writing.
  • Notices must be sent by hand or email, in English. Delivery by hand is deemed received on the date of delivery, and by email on the date indicated in the “Read Receipt” notification. All email communications must use the “Read Receipt” function to serve as proof of receipt.

Complaints

• Dispute Resolution
  • Given the prevalence of counterfeit printer consumables, there is a possibility that such items might occasionally bypass even the most stringent quality control processes. TonerHub encourages its vendors and customers to take photographs and videos of their shipped/received products to aid in dispute resolution, if necessary.
  • If you have a complaint about the Product or service provided, please contact us via our Contact Us Page on the Website or at +27 81 088 0766.
  • If we cannot resolve your complaint to your satisfaction within 15 business days of notification, please email us at complaints@tonerhub.co.za.

Information

• ECT Act Compliance
  • For ECT Act compliance, TonerHub’s information includes its full name, business, physical address for legal service, phone number, and email address, as detailed in these Terms and Conditions.

General

• Operational Discretion
  • TonerHub may, at its sole discretion and without prior notice, suspend or terminate the Website’s operation or your right to use it, subject to processing any orders already made by you.
  • You may not cede, assign, or transfer your rights and obligations under these Terms and Conditions to any third party.
  • Failure by you or TonerHub to enforce any right herein does not constitute a waiver of that right.
  • If any term or condition herein is declared invalid, the remaining terms and conditions remain in full force.
  • No variation, addition, deletion, or agreed cancellation of these Terms and Conditions is valid unless in writing and accepted by or on behalf of the parties.
  • No indulgence, extension of time, or latitude shown by either party shall constitute a waiver of any rights, and the non-enforcing party is not prejudiced from exercising its rights.
  • These Terms and Conditions constitute the entire agreement between you and TonerHub, and no other warranty or undertaking is valid unless contained in this document.**