Terms and Conditions

Terms and Conditions 



Storage Technology Services Pty Ltd t/a Nexio (“Nexio”) manages the Nexio Online Digital Portal (“Nexio Portal”). If you would like to contact us directly, please email us to websales@nexio.co.za. These terms and conditions are applicable every time you access the Nexio Portal and/or order goods from the Nexio Portal. 



Nexio may modify these terms and conditions from time to time in its sole discretion and each time you place an order via the Nexio Portal this shall constitute acceptance of these terms as at the date such order is placed. 



Please note that in terms of the Consumer Protection Act 68 of 2008 (“CPA”), a consumer is to be given an adequate opportunity to receive and understand these terms. Please take sufficient time to acquaint yourself with such terms and understand their importance and effect. 



YOUR ATTENTION IS SPECIFICALLY DRAWN TO THE FOLLOWING CLAUSES OF THESE TERMS, WHICH MAY RESTRICT YOUR RIGHTS, CONTAIN ACKNOWLEDGEMENTS OF FACT OR PLACE ONEROUS OBLIGATIONS ON YOU, NAMELY CLAUSES 2.6, 2.8, 3.1, 4, 5, 13.4, 13.5 AND 15 WHICH HAVE BEEN HIGHLIGHTED FOR EASE OF REFERENCE ON THE SAME BASIS AS THIS CLAUSE. 



    
	
  1. OWNERSHIP 

	
      
		
    1. The Nexio Portal is operated by Nexio. All rights in this Nexio Portal are owned by Nexio. Any unauthorised use, copying or modification is prohibited. Any contract of sale arising on the basis set out in these terms shall be between Nexio and you.
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  2. ORDERING GOODS AND CANCELLATIONS 
	
      
		
    1. No information or data on this Nexio Portal is an offer, but merely an invitation to do business. 2 
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    2. All orders placed through our Nexio Portal will be subject to our acceptance of the order. We reserve the right to decline any order without giving any reasons and will only be liable to refund monies already paid by you. 
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    3. When you submit an order to us on our Nexio Portal, you will receive an email to confirm that we are processing your order, including estimates timescale of delivery where applicable (whether remotely or physically). You should check this communication for accuracy and let us know immediately if there are any errors. The communication does not constitute acceptance of the order by us. Your order will be accepted by us when we dispatch the goods to you, which will conclude the agreement of sale between us. You will become the owner of the goods on receipt of delivery thereof by you. 
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    4. Where you and if applicable have redeemed a promotional code or any other voucher (“a Code”) against your order, acceptance of this order is subject to our verifying that the Code has been issued to you personally, that you comply with all the terms of the offer and qualify for the Code. In the event that the Code has not been issued to you for your personal use or you do not qualify for the offer, the price of the order will be adjusted notwithstanding any email or other confirmation that you receive. 
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    5. Placing an item in a shopping basket on our Nexio Portal without completing the purchase cycle, set forth in clauses 2.3 and 2.4 above, shall not:- 
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    6. constitute an order for such item; or 
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    7. constitute an agreement of sale between us and you cannot hold us liable if such items are not available when the purchase cycle is completed at a later point in time. 
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    8. If you qualify as a consumer under the CPA, you are entitled to the cooling off period of 5 days, subject to your purchase being concluded as a result of direct marketing and subject to relevant manufacturer/supplier approval. You are entitled to request a return and/or refund for your order within 14 days after the date of receipt of the goods, with the exception of unsealed computer software and subject to the relevant original equipment manufacturer’s or supplier’s approval. Upon notifying Nexio of your cancellation, Nexio will issue you with a unique Return Material Authorisation (“RMA”) number as provided by distribution. You must return the goods to Nexio in the same condition and packaging as Nexio delivered them to you and you will be required to bear the costs of returning the goods where applicable. Nexio shall reimburse you for any payments made within 30 days subject to the final acceptance from the original equipment manufacturer or supplier. 
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    9. If you do not return the goods in the same condition and completeness, Nexio may either reject the cancellation or accept the cancellation and levy a reasonable charge against you. Please note a restocking fee will apply on all goods not returned in the same state as when they were dispatched to you by Nexio. Please note that software of any description is subject to separate terms and conditions and if you open, use or register the software that comes with your goods and then cancel your order for which cancellation costs you may be held accountable. 
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    10. Returned goods remain your property and responsibility until such time as Nexio signs acceptance of the return delivery of the goods. We strongly advise you to use a secure and insured courier service for the return of goods, the cost of which is your responsibility. Should you wish to return any goods, please go to the Returns section for further information.
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  3. PROCESSING YOUR ORDERS AND PAYMENT 
	
      
		
    1. Whilst it is our intention to keep our Nexio Portal up to date and error free, product description or pricing errors may occur. However, should errors occur and items are offered at incorrect prices, we will not be obliged to sell the goods at such incorrect prices and shall only be liable to refund you for monies paid. If we discover such an error after you have submitted and order to us, we will contact you prior to acceptance your order with the correct details. You may then either cancel your order or re-confirm it based on the correct information. If we are unable to contact you via the contact details provided by you, we will treat your order as cancelled. 
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    2. All prices shown on our Nexio Portal are inclusive of VAT, unless otherwise specified in writing. Delivery charges are clearly highlighted throughout the site. For further information on delivery charges see the Delivery section. 
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    3. If you are using a credit card, your card will be authorised during processing to ensure funds are available.
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  4. DELIVERY 
	
      
		
    1. We will make every reasonable effort to affect delivery in accordance with the estimated delivery dates (whether remotely or physically), as the case may be). If we are unable to deliver any part of the goods on time or we are unable to deliver the goods for any reason which is not within our control, then the time for delivery shall be extended for a reasonable time after the cause of the delay has ceased by written notification to you. 
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    2. Should we be unable to perform in accordance with the order because the goods ordered are unavailable, we will notify you as soon as reasonably possible of this fact and refund any payments within 30 days after date of such notification. 
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    3. When we deliver your items to you, you will be asked to sign for the goods to acknowledge that you have received them. It is your duty to inspect the goods on receipt of goods and by signing the delivery note, it shall be deemed that the goods received are in good order. 
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    4. Where you have provided an incorrect address for delivery of the goods to Nexio at the time you ordered the goods, you will be required to pay the additional delivery costs incurred by Nexio or by relevant distributor. You are therefore requested to review the transaction details in the email confirmation and advise us of any errors in the delivery address prior to delivery of the goods where applicable. 
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  5. DEFECTIVE GOODS 
	
      
		
    1. Subject to clause 2.6, should the goods fail to 
		
        
			
      1. be reasonably suitable for the purposes for which they are generally intended; 
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      2. be of good quality, in good working order and free of any defects; or 
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      3. be useable and durable for a reasonable period of time, having regard to the use to which they would normally be put and to all the surrounding circumstances of their supply; 
			
          
				
        • you may request a return or refund of the goods within 14 days of receipt of goods, subject to goods being in the original packaging and by emailing your request to the email address provided in your order confirmation or websales@nexio.co.za. Please note that the goods will be returned and/or refunded if approved by the relevant manufacturer or supplier. The packaging must be in the same condition as when received to be eligible for a refund, and all goods will be tested if reported faulty upon their return either by the manufacturer or supplier. If the goods appear to be defective, the manufacturer or supplier will either repair or replace the defective or unsafe goods, or refund you at it’s option for the purchase price paid for the goods.
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    2. Please note that we cannot accept any returns on Software deliverables where the seal has been broken or relevant codes redeemed.
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    3. Please note that we will not accept any returns of goods, in respect of which the condition was specifically declared beforehand.
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    4. Please email the email address on your order confirmation or websales@nexio.co.za for any warranty queries.
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  6. VAT, IMPORT DUTY AND OTHER SALES TAXES 
	
      
		
    1. All prices listed on the site include VAT unless stated otherwise in writing. 
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    2. Our main VAT registration number is 4860190851. 
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    3. Subject to the other clauses in our terms, all prices on the Nexio Portal are FINAL. There are no additional charges with the exception of delivery charges if required.
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  7. PRIVACY 
	
      
		
    1. Nexio will electronically collect, store and use the information given at the time of your order. This information is not disclosed to any other party. 
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    2. We aim to offer a top quality service at the best price possible, to do this we need to reserve the right to change the above policies at any time. 
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    3. All information collected shall only be disclosed to other parties on a need to basis to fulfil your order or if we need to disclose your information as required by law. 
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    4. We may require the following information from you in order to process your order before any goods are shipped to you: 
		
        
			
      1. your full names, telephone number, email address, residential and business or postal address, whichever is applicable; and/or 
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      2. your business name, registered address, if you purchase the goods on behalf of a business. 
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  8. SECURITY 
	
      
		
    1. On the order processing pages we use Paygate. Please refer to their terms on their website for further information. Nexio excludes its liability if any payment transaction is prevented or hacked as the case may be. Nexio will not be liable if your information is stolen by hackers and distributed to any third parties.
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    2. We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you. 
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  9. PRICING 
	
      
		
    1. Prices on order for out-of-stock or pre-release items are valid for one week after the order is placed or lesser term if advised by the supplier. Should the price changes when the stock becomes available, you will be informed of the change before payment is processed and offered the opportunity to cancel the order. 
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  10. BUSINESS CUSTOMERS
	
      
		
    1. If you are a business customer, you will not export any goods purchased from us in contravention of any export control laws worldwide. 
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  11. INSTALLATION OF EQUIPMENT 
	
      
		
    1. Installation of equipment must be carried by a suitably qualified professional technician. Nexio can’t be held responsible for any costs associated with the installation or subsequent removal of equipment. 
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  12. SOFTWARE TERMS 
	
      
		
    1. Should you purchase software, you are bound to complying with the end-user license terms of such software. You agree to familiarise yourself with such terms. Should you breach such terms, you confirm that you will indemnify and hold Nexio harmless against any claims for damages caused by your non-compliance of such terms. Your return policy will be subject to the relevant supplier’s terms and conditions for such software. 
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  13. GENERAL 
	
      
		
    1. The use of our site and any contracts formed are governed by South African Law. 
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    2. We shall not be responsible to you for incidental, special, indirect or consequential loss or damage, any loss of profit (direct or indirect), loss of sales, loss of goodwill or reputation, loss of business, third party claims, pure economic loss arising out of or in connection of the performance or non performance of our obligations under these terms and conditions including such damage as may be reasonably foreseeable at the date you order the goods. Such liability is excluded irrespective of whether it arises in contract, delict, statute or otherwise. 
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    3. Nothing in these terms and conditions shall exclude or restrict our liability for death or personal injury caused by our negligence directly to you. 
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    4. Our liability for any claim for loss or damage shall be limited to the sum paid by you for the goods or a replacement of the goods subject to the approval of the relevant manufacturer/supplier. 
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    5. If any provision of these terms and conditions is found to be invalid or unenforceable by a court the invalidity or unenforceability of such provision shall not affect the other provisions of these terms and conditions. 
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    6. We may assign or transfer any of our rights or sub contract any of our obligations under these terms and conditions to any third party. 
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    7. You may not assign or transfer any of your rights or sub contract any of your obligations under these terms and conditions except with our specific permission in writing. 
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    8. We reserve the right to change these terms and conditions from time to time and any such changes will be communicated on our Nexio Portal. You will be bound by the terms on this Nexio Portal as at the date you place an order. 
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    9. There may from time to time be links on our Nexio Portal to third party website. We do not have any control over the content of these websites nor can we be liable in respect of anything contained on these websites. 
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    10. These terms and conditions govern the entire trading relationship between you and ourselves and will remain in force for the duration of our trading relationship. 
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    11. All intellectual property rights (including use of trade marks) shall be solely owned by us. You are permitted only to use material on this Nexio Portal as expressly authorized by us. 
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    12. Any unauthorized use of material on this site is strictly prohibited.
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    13. These Terms and Conditions supersede all previous Terms and Conditions, representations, undertakings and agreements.
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  14. VOUCHERS 
	
      
		
    1. Gift Vouchers or Codes, if applicable, must be redeemed at our Nexio Portals. If a change of currency between the voucher and the order is required, the exchange rate used will be our current rate decided at our sole discretion. 
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    2. Gift Vouchers or Codes have a cash redemption value of R0 and are not transferable or assignable.
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    3. Any unused balance will be held in the recipient’s Gift Voucher or Code and used at any time up to the expiry date of the voucher. However, if the order value (i.e. product cost, tax and any applicable charges) exceeds the amount of the Gift Voucher or Code, the balance must be paid by our preferred payment method. 
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    4. Gift Vouchers or Codes and unused portions of Gift Vouchers or Codes expire on the date listed on the voucher, where permissible under applicable law.
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    5. Certain products may be excluded for use of Gift Vouchers or Code as indicated on the Portal. 
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  15. ERRORS AND OMISSIONS EXCEPTED
	
      
		
    1. In respect of any information provided on this Nexio Portal or any order, errors and omissions are excepted by you.
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