Terms of service
Terms & Conditions
1. Interpretation
1.1 Clause headings are for convenience and do not affect interpretation.
1.2 Unless the context indicates otherwise:
1.2.1 Words denoting any gender include all genders; the singular includes the plural and vice versa; a natural person includes a juristic person and vice versa.
1.2.2 The following expressions have the meanings below:
(a) “Agreement” means the Customer Application together with these Standard Terms.
(b) “CPA” means the Consumer Protection Act 68 of 2008.
(c) “Consumer” has the meaning in the CPA.
(d) “Customer” means the person identified on the Customer Application or our Website next to “Registered Name” or “Login Account” of Customer”, or, where no application is annexed or no name appears, any person at whose request or on whose behalf Cheap Deals supply any goods/services or provides advice.
(e) “Goods” means any items or services supplied by Cheap Deals to the Customer under this Agreement.
(f) “Signatory” means the individual signing or accepting this Agreement and the Customer or website Application on behalf of the Customer and any related document.
(g) “Cheap Deals” means Cheap Deals (Pty) Ltd
(h) “Terms and Conditions” means these Standard or General Terms, and any Cheap Deals policies and procedures (as amended from time to time), including warranty policies, service procedures, repair/replacement policies, and packaging & supply policies.
(i) “Customer/Registration Application” means the application/registration form or online website acceptance or customer login in containing the Customer’s details which forms part of these Terms.
2. Precedence and Scope
2.1 Cheap Deals conducts business strictly on these Terms and Conditions, notwithstanding any terms contained in the Customer’s enquiry, order, specification, acceptance, or other documentation.
2.2 Any advice, information, or services provided (gratuitously or otherwise) are subject to these Terms, which are incorporated into all transactions between Cheap Deals and the Customer.
2.3 This Agreement commences once the customer register on our website or the date of last signature and auto renews annually, subject to Precedence and Scope and Breach and Remedies.
2.4 The Customer acknowledges:
(a) Cheap Deals may, in its sole discretion, determine the nature, extent, and duration of any credit facilities.
(b) Cheap Deals may terminate this Agreement on 48 hours’ written notice.
(c) Upon termination, pre-existing Customer obligations remain, and all amounts then owing become immediately due.
3. No Variation
3.1 This Agreement constitutes the entire agreement between the parties.
3.2 Any amendment, consensual cancellation, waiver, relaxation, extension, settlement or suspension is binding only if signed in writing by a Director of Cheap Deals and applies strictly to the matter to which it relates.
3.3 No relaxation or indulgence constitutes a waiver of rights under the CPA or otherwise.
3.4 Cheap Deals is not bound by any representation or warranty not recorded herein (except those required under the CPA).
3.5 Only a Director is authorised to vary these terms.
4. Quotations
4.1 A quotation is an invitation to do business, not an offer.
4.2 Quotations may be revoked at any time.
4.3 Cheap Deals may accept or reject any order in whole or part. A binding contract arises only when Cheap Deals supplies or tenders to supply the Goods.
4.4 Quotations are based on prevailing exchange rates, freight, insurance, rail, labour, materials and other charges. If these vary before delivery, Cheap Deals will issue an amended quotation for acceptance or rejection.
4.5. All Quotes are valid for 24 hours from the date and time of the quote, Specifications are subjected to change without prior notice. Terms and conditions are applicable as set out by Cheap Deals and available on our website www.cheapdeals.co.za
5. Orders
5.1 Telephone or website online orders may require written confirmation before acceptance.
5.2 Orders are irrevocable upon Cheap Deals acceptance.
5.3 If the CPA applies, the Customer may cancel/withdraw an order subject to a reasonable cancellation fee.
5.4 Cheap Deals is not liable for errors arising from the Customer’s failure to clearly record item details or specific requirements at time of placing order.
5.5 All backorders are irrevocable with no cancellations or credit returns allowed and any deposits will be forfeited by the customer should they not accept the backorder. On-Out of stocked items will be subject to variable lead times. Orders are accepted by Cheap Deals ONLY on the basis that the prices charged will be those ruling at the date of dispatch of the order and invoice.
6. Price and Payment
6.1 Unless otherwise stated, prices charged are those ruling on the dispatch date.
6.2 Prices are exclusive of VAT unless the supply is zero rated/exempt; VAT is payable simultaneously with the purchase price.
6.3 The Customer must also pay:
(a) Any tax, duty, levy or charge imposed after the price is determined;
(b) Any additional costs arising from factors beyond Cheap Deals control, including delays caused by the Customer.
6.4 Any Customer requested modifications, additions, or suspension of work result in additional charges.
6.5 Payment terms:
(a) Payable at Cheap Deals head office or as directed;
(b) In cash, card or EFT;
(c) In South African Rand, without deduction or set off and free of exchange;
(d) Within the approved credit period indicated in the Customer Application (commencing on invoice date) or, failing approval, cash before order.
6.6 Credit assessment: Cheap Deals may conduct enquiries, decide whether to grant credit, and notify the Customer.
6.7 Pending credit determination, all purchases will be cash before order.
6.8 If no determination is made, purchases remain cash before order.
6.9 Delivery charges are excluded and billed at prevailing rates. The Customer must provide labour/equipment for off-loading deliveries that are larger than 30kgs.
6.10 The Customer has no right to withhold payment, set off or defer payment for any reason.
6.11 Items handed in for repair will be sold to defray repair/storage costs if uncollected within 14 days of repair completion.
6.12 CASH/EFT...To be paid directly into the Cheap Deals bank account (Orders are fulfilled upon payment reflecting in our account)
6.13 Prices are subject to change at any time without notice in the event of any increase in the cost price of the goods, including currency fluctuations (ROE)
7. Risk
Risk of loss or damage passes to the Customer upon delivery or tender of delivery (including where delivery is frustrated by the Customer).
8. Repairs
8.1 Cheap Deals will issue a repair quotation; upon acceptance, repairs proceed accordingly.
8.2 The Customer may waive a quotation or pre authorise repairs up to a specified amount.
8.3 If the Customer declines a quotation, Cheap Deals may charge a reasonable estimate/diagnostic fee, including disassembly/reassembly and any incidental damage/loss during estimation.
8.4 Cheap Deals has a right of retention and lien over Goods submitted for repair until full payment of repair/quotation fees.
9. Disclaimer
9.1 Use of our online ecommerce website – The Customer makes use of our website entirely at their own risk. The Customer assume full responsibility for any risk or loss resulting from their use of our website or reliance on any information contained on our website.
9.2 Accuracy and Availability of Information - Cheap Deals takes reasonable steps to ensure that the content on our website is accurate and complete. However, Cheap Deals makes no representations or warranties, whether express or implied, regarding the quality, accuracy, completeness, reliability, timeliness, availability, operation, integrity, or functionality of our Website or any information contained therein. No representation or warranty made by any Cheap Deals representative shall be binding on Cheap Deals unless expressly confirmed in writing.
9.3. Limitation of Liability - Cheap Deals shall not be liable for any loss, damage, or expense of any nature whatsoever, whether direct, indirect, special, or consequential, arising out of or in connection with the Customer’s access to, use of, or reliance on our Website or any content contained therein, except to the extent otherwise provided by applicable law.
9.4. No Warranties -Although products sold via our online ecommerce website or through Cheap Deals may, under specifically defined circumstances, be subject to warranties, the Website itself and all information provided on it are supplied on an “as is” basis. Cheap Deals makes no warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, completeness, or non‑infringement, to the extent permitted by law.
9.5. Viruses and Security Risks - In addition to the disclaimers contained elsewhere in these Terms and Conditions, Cheap Deals makes no warranty or representation, whether express or implied, that the information, files, or content available on our Website are free from viruses, malware, spyware, trojans, destructive code, or any other data or code capable of corrupting, compromising, disrupting, disabling, harming, or otherwise impairing the operation, security, stability, or functionality of the Customer’s computer system, network, hardware, software, mobile device, or data. The Customer accept all risks associated with the existence of such harmful code, except where such risks arise directly from the gross negligence or wilful misconduct of Cheap Deals, its employees, agents, or authorised representatives. Cheap Deals disclaims all liability for any loss, damage, or liability of any nature arising from or connected to your access to or use of our Website.
10. Delivery
10.1 Any delivery date is an estimate and not binding.
10.2 The Customer must accept delivery when tendered and may not resile, withhold/defer payment, reduce price, or claim damages for delays, partial delivery or non-delivery, whether or not due to negligence (including gross negligence).
10.3 Where delivery is in packs, Cheap Deals need not deliver further parts until paid for prior deliveries; acceptance of returns is at Cheap Deals discretion.
10.4 Cheap Deals may part deliver and invoice accordingly; the Customer must accept Goods when tendered.
10.5 For site deliveries, the Customer must ensure site accessibility and off load at destination; for rail deliveries, the Customer must collect at the railhead.
10.6 Inspection on delivery: The Customer must endorse the delivery note for missing/damaged Goods. No claim is valid unless the delivery note is endorsed and Cheap Deals is notified in writing within 24 hours with full details. The Customer bears the burden of proof.
10.7 If delivery cannot be effected due to the Customer’s act/omission, storage and insurance charges apply.
10.8 If the Customer fails/refuses to provide information or to take delivery, Goods are deemed delivered upon Cheap Deals notice.
10.9 If Cheap Deals engages a third party carrier:
(a) Cheap Deals acts as agent; the Customer indemnifies Cheap Deals against claims arising from such engagement;
(b) The Customer reimburses any special delivery disbursements/insurance; Cheap Deals documentation is prima facie proof of such costs.
10.10 Local Deliveries between 1-3 days, Outlining Areas between 5-7 days from date of order. A delivery fee will be charged for all orders less than R3,000.
11. Warranties and CPA Compliance
11.1 Subject to the CPA, no warranties/guarantees/representations not set out herein binds Cheap Deals.
11.2 Defect claims within the applicable warranty period: The Customer may claim repair/replacement where defects in workmanship/materials are exclusively due to Cheap Deals acts/omissions (in Cheap Deals reasonable opinion), provided written notice within 48 hours of the defect arising and reasonable inspection rights.
11.3 Valid claims must be in writing, specify the defect, include the original tax invoice, and the Goods must be returned in original, undamaged packaging at the Customer’s cost.
11.4 To the maximum extent permitted by law, Cheap Deals is not liable for injury, loss or damage (direct, indirect, consequential) arising from use or inability to use Goods, and does not warrant fitness for the Customer’s particular purpose, even if known to Cheap Deals. This stipulation benefits Cheap Deals servants/agents/contractors.
11.5 Warranty exclusions where: unauthorised repairs/modifications, unapproved accessories/parts, non-compliance with instructions or improper installation/maintenance/use.
11.6 Replacement/repair warranties apply only to the parts actually repaired/replaced.
11.7 Third parties may not grant warranties/guarantees/representations that could impose liability on Cheap Deals.
11.8 CPA remedies (where applicable):
(a) Within 6 months of delivery, if Goods fail to meet s55 CPA requirements, the Customer may return the Goods for repair, replacement, or refund (Cheap Deals and the Customer election aligned with s56).
(b) If a repaired component fails again within 3 months, Cheap Deals may replace the Goods or refund the price.
(c) New/reconditioned parts installed during repair and the labour are warranted for 3 months after installation or longer if specified in writing.
(d) Warranties are subject to Cheap Deals policies (misuse/abuse exclusions, ordinary wear and tear, etc.), which are incorporated by reference.
11.9 All warranties are carry-in at our Supplier offices or Service centres
11.10 All products are guaranteed by our Supplier against any defects in material and workmanship for a period as stipulated only if over/under voltage protection equipment is installed. The guarantee period shall commence on purchase. The guarantees shall not apply to defects resulting from improper or unauthorized installations and/or maintenance, unauthorized modifications, water damaged or if damaged by lightening or any excessive power surges or dips.
12. Return Handling Fee
12.1 Cheap Deals is not obliged to accept returns.
12.2 Where returns are accepted after 7 days from invoice (up to a maximum of 14 days), Cheap Deals will levy a handling fee of 30% of the purchase price.
14. Ownership
14.1 Ownership passes only upon full payment (including interest). This applies irrespective of installation, accession, incorporation, or change in character; Goods are severable without injury.
14.2 Cheap Deals may notify the premises owner/landlord of this retention of title; the Customer must provide landlord details and updates.
14.3 The Customer must notify interested third parties that title has not passed and provide proof of such notices on demand.
15. Substitutes
15.1 Cheap Deals may, by agreement with the Customer, substitute specified Goods with suitable alternatives.
15.2 Specifications may be altered without notice where materials/Goods are unavailable; suitable substitutions may be supplied upon Customer acceptance.
16. Documentation
Subject to the CPA: specifications, drawings, descriptive matter and documents are approximate only and not part of the Agreement unless expressly made so in writing. Cheap Deals is not liable for losses due to discrepancies therein.
17. Insurance
Cheap Deals may require the Customer to insure Goods (naming both parties’ interests) until fully paid, with insurers, amounts and terms approved by Cheap Deals. The Customer may be required to cede rights under the policy to Cheap Deals.
18. Breach and Remedies
18.1 If the Customer breaches this or any other Cheap Deals agreement, fails to pay any amount when due, commits an act of insolvency, compromises with creditors, prejudices Cheap Deals rights, allows any judgment to remain unsatisfied for 7 days, or is provisionally/finally sequestrated/liquidated or surrenders its estate, Cheap Deals may:
(a) Declare all amounts immediately due and payable, cease performance until remedy; and/or
(b) Cancel the Agreement and retake possession of Goods, and claim damages.
18.2 Cheap Deals is not obliged to perform while the Customer is indebted or non-compliant.
18.3 No claim arises unless the Customer provides 30 days’ written notice (registered mail) to remedy.
18.4 A certificate of indebtedness signed by Cheap Deals constitutes prima facie proof of the Customer’s indebtedness.
18.5 The Customer indemnifies Cheap Deals against damage relating to removal of Goods (excluding Cheap Deals gross negligence), including repossession.
18.6 Cheap Deals need not furnish security under Magistrates’ Court Rule 62.
18.7 Cheap Deals may institute legal action in either the Magistrates’ Court or the High Court; the Customer consents to Magistrates’ Court jurisdiction.
19. Domicilium and Notices
19.1 Each party chooses domicilium citandi et executandi at the addresses in the Customer or Online Website Registration/Application.
19.2 A party may change domicilium by written notice (not to a PO Box).
19.3 Notices are deemed received when:
(a) Hand delivered during business hours: upon delivery;
(b) Prepaid registered post or Email : on the 14th day after posting;
(c) An Email on the first business day after transmission (unless proved otherwise).
20. Security for Obligations
Cheap Deals may require satisfactory security (including irrevocable letters of credit) before performance. If not furnished within 7 days, Cheap Deals may withdraw credit and suspend obligations.
21. Costs
21.1 The Customer is liable for all recovery/enforcement costs, including attorney and own client costs and counsel’s fees, pre and post litigation and enforcement of judgments.
21.2 The Customer must pay the costs of the suretyship/cession (including stamp duty), which may be debited to the account upon acceptance.
22. Exemption and Indemnity
22.1 The Customer shall have no claim of any nature whatsoever against Cheap Deals, its employees, agents, contractors, or any other persons for whom Cheap Deals may be liable in law, for any loss or damage of any kind suffered by the Customer, including (without limitation) any loss or damage to the Customer’s property, to property kept on the Customer’s premises by third parties, to the Customer’s business, or to the Customer’s own customers, howsoever arising, including as a result of the negligent (but excluding the grossly negligent) acts or omissions of Cheap Deals or such persons.
22.2 Where the Customer becomes a “Supplier” under the CPA and fails to comply with CPA obligations, the Customer indemnifies Cheap Deals against any resulting claims.
23. Consequential Loss
Under no circumstances whatsoever including as a result of its negligent (including grossly negligent) acts or omissions or those of its servants, agents or contractors or other persons for whom in law may be liable, shall the Cheap Deals be liable for any consequential loss sustained by the customer. This also constitutes a stipulatio alteri in favour of such persons the benefits of which may be accepted by them at any time.
24. Severability
Each paragraph or clause in this agreement is severable, the one from the other and if any paragraph or clause is found by any competent Court to be defective or unenforceable for any reason whatsoever, the remaining paragraphs or clauses shall be of full force and effect and continue to be of full force and effect.
25. Force Majeure
Cheap Deals may cancel or suspend performance due to events beyond its control (including inability to secure labour/power/materials, acts of God, war, civil unrest, strikes/lockouts, fire, flood, drought, legislation).
26. Information
The customer shall forthwith after the conclusion of the contract, furnish the supplier with all information reasonably required by the supplier to enable it to comply with its o obligations
28 Headings
Clause headings are for reference only and shall not be used in the interpretation of these terms and conditions.
29. Interest
Interest accrues on overdue amounts at the Standard Bank of South Africa’s publicly quoted basic overdraft rate, compounded monthly in arrears, from due date to payment, payable on demand.
30. Credit Bureau
30.1 The Customer consents if credit facilities are required that Cheap Deals may:
(a) Perform credit searches;
(b) Monitor behaviour via credit bureaus;
(c) Use information from registered credit bureaus;
(d) Record/transmit details of account conduct and performance to registered credit bureaus;
(e) Provide information to credit bureaus for access by other Credit Providers;
(f) Evaluate criminal history with the Criminal Record Centre.
30.2 Cheap Deals will give 10 business days’ written notice before forwarding adverse details to a registered credit bureau.
31. National Credit Act (NCA) Warranty
31.1 The Customer warrants that at the date of opening their account on our online website and at each purchase:
(a) Aggregate annual sales exceed R1,000,000; and/or
(b) Net asset value exceeds R1,000,000.
31.2 The Customer indemnifies Cheap Deals against any liabilities/ damages/ penalties/ costs arising from breach of this warranty.
32. Acknowledgment and Consent (POPIA & FICA)
32.1 The Customer acknowledges and agrees that Cheap Deals may:
(a) Retain/documents supporting the Customer Application and use such information for incidental credit decisions;
(b) Use information solely for the Application, and disclose to credit bureaus;
(c) Process personal information for personalised services, marketing communications (subject to lawful opt out), and product/service improvement;
(d) Allow authorised personnel and third party service providers (including vendors/credit bureaus) access to personal information for Application purposes;
(e) Act as operator for the Customer’s customer data, and protect such data in accordance with applicable data laws;
(f) Comply with POPIA and not sell personal information; disclose only when legally required or for Application purposes;
(g) Provide privacy information via Cheap Deals Privacy Policy at www.cheapdeals.co.za and accept variations via alton@cheapdeals.co.za;
(h) As an accountable institution under FICA, process and share personal information with verification agencies to identify proceeds of crime and prevent money laundering/terrorist financing/proliferation financing under applicable legislation. The Customer waives claims for loss/costs arising from such processing/reporting, even if adverse (irrespective of correctness), to the extent permitted by law.
33. Governing Law and Jurisdiction
This Agreement is governed by the laws of the Republic of South Africa. Without prejudice to clause 18.7, the parties submit to the jurisdiction of the South African courts.