Terms and Conditions

1.1. Your attention is drawn to these Terms and Conditions because they should be read through carefully and attention should be paid thereto.

3.1. Please take a moment to read these Terms and Conditions to understand how they apply to your use of the website and any products or services that you may order online as well as any and all service offerings in respect of the products that GamingDynamix (PTY) LTD may provide.

3.2. Your continued use of the website will constitute acceptance of the Terms and Conditions, unmodified by you.

3.4. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to request an explanation from GamingDynamix (PTY) LTD before you accept the Terms and Conditions, continue using the website or use any products, devices or software purchased from GamingDynamix (PTY) LTD.

3.5. The website enables you to shop online for consumer electronics (hereinafter referred to as “goods”, “devices” or “products”).

3.6. These Terms and Conditions govern the ordering, sale and delivery of goods, and the use of the website.

3.7. These Terms and Conditions are binding and enforceable against every person that accesses or uses the website (“you”, “your”, “user” or “customer”), including, but not limited to, each user who registers as a user (“registered user”) including any person (natural or juristic) who purchases any products or devices distributed by GamingDynamix (PTY) LTD.

3.8. By using the website you acknowledge that you have read these Terms and Conditions; alternatively through purchasing any products, you are presumed to have read and understood these Terms and Conditions and are accordingly bound to the contents hereof.

3.9. These Terms and Conditions may apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (hereinafter the “CPA”), however not all users will necessarily be afforded protection in terms of the CPA, subject to the exceptions and exclusions contained therein.

3.10. Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or circumvent any rights or obligations, as the case may be, created for either you as the user or GamingDynamix (PTY) LTD.

3.11. Information, ideas and opinions expressed on the website should not be regarded as professional advice or the official opinion of GamingDynamix (PTY) LTD. Users are encouraged to obtain professional advice before taking any course of action related to information, ideas or opinions expressed on the website.

3.12. If we have to contact you, we will do so by telephone or by writing to you at the email address or other electronic communication facility address provided to us during the order process. (Writing) shall be interpreted to include emails, and where we use the words (writing) or (written) in these Terms and Conditions, this will include Data Messages, including, but not limited to, emails. You acknowledge that all agreements, authorizations or requests on our website satisfy the “writing” requirement as per section 12 of the Electronic Communications and Transactions Act 25 of 2002.

3.13. You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper functioning of the website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the website or the information contained herein, without the prior written consent from an authorized GamingDynamix (PTY) LTD representative.

3.14. Any person that delivers or attempts to deliver any damaging code to the website or attempts to gain unauthorized access to any page on the website shall be prosecuted, and civil damages shall be claimed in the event that GamingDynamix (PTY) LTD suffers any damage or loss.

3.15. You may not use the website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.

3.16. In the event that GamingDynamix (PTY) LTD is of the opinion that you have breached these Terms and Conditions, kindly take note that it is within our discretion to take any such action deemed appropriate, including but not limited to suspension or termination of services to a customer.

4.1. We may change these Terms and Conditions or any other term as referred to herein. The amendments will be applicable when published on our website.

4.2. Please take time to regularly check these Terms and Conditions and take notice of any changes made as they are binding on you. The Terms and Conditions published at the time of the conclusion of a sale will apply for that particular purchase.

5.1. No contract of sale shall come into existence between you and GamingDynamix (PTY) LTD for the sale of any goods until GamingDynamix (PTY) LTD have received and accepted your order and GamingDynamix (PTY) LTD have received payment in full for the goods so ordered.

5.2. By placing an order through our website or with GamingDynamix (PTY) LTD, you warrant that you are 18 years old and where you are under the age of 18 that you are using GamingDynamix (PTY) LTD website and placing your order with the consent of your legal guardian or parent.

5.3. An acknowledgement of your order will be sent to you via email when you place your order, but acceptance of your offer to purchase the goods will not take place until after your payment is received and an acceptance email is sent. It is at this point that a binding legal contract of sale is created, and any such contract is subject to these Terms and Conditions.

5.4. We operate on a “First to Pay has First Priority” system and all sales are subject to while stock lasts. It is possible that during busy times and 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 or stock you seek is no longer available as a result of this, GamingDynamix (PTY) LTD shall refund you any monies paid, alternatively offer a store credit or any other suitable option. No claim for damages shall be made against GamingDynamix (PTY) LTD should this occur.

6.1. You agree to indemnify and hold GamingDynamix (PTY) LTD, its directors, employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against GamingDynamix (PTY) LTD arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this website.

7.1. Our website is provided to on an “as-is” and “as-available” basis. GamingDynamix (PTY) LTD have taken all reasonable steps to ensure that the content of the website is accurate and complete.

7.2. Inset far as legally permissible, GamingDynamix (PTY) LTD exclude all express or implied conditions, warranties, representations or other terms which may apply to our website or the contents thereof.

7.3. GamingDynamix (PTY) LTD make no representation, guarantee or warranty as to the availability and suitability of the website or that there will be uninterrupted use of the website.

7.4. GamingDynamix (PTY) LTD make no warranty that the functionality of the website will be without interruption or error-free, that defects will be corrected or that the website is free from viruses or anything else which may be destructive or harmful.

7.5. Unless otherwise determined by law, under no circumstances (including negligence) will GamingDynamix (PTY) LTD, our subsidiaries, affiliates, officers, directors, employees, agents, suppliers or any other party involved in creating, producing, transmitting or distributing our Website or related services be liable for any indirect, incidental, special or consequential damages arising from or in connection with the use or inability to use the Website or any content provided by or through the Website, or resulting from any unauthorized access to or alteration of your transmissions or data, or other information sent or received, including but not limited to, damages for loss of profits, data or other intangibles, even if we have been advised of the possibility of such damages.

7.6. Liability to a customer in connection with any order will never exceed the total price charged for the products and delivery costs.

8.1. GamingDynamix (PTY) LTD makes no warranty of fitness or suitability for any particular purpose is respect of any goods purchased from GamingDynamix (PTY) LTD.

9.1. The website may from time to time include links to third party websites that are controlled and maintained by other entities.

9.2. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that GamingDynamix (PTY) LTD are not responsible for the content or availability of any such websites or platforms.

10.1. The contents of the website including any material, information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, trade names, logos, trademarks, designs and service marks which are displayed on or incorporated on the website are protected by law, including but not limited to copyright and trademark law.

10.2. The website content is the property of GamingDynamix (PTY) LTD, its advertisers and/or sponsors and/or is licensed to GamingDynamix (PTY) LTD.

10.3. You will not under any circumstances acquire any right, title or interest in or to the website or its contents.

10.4. Any use, distribution or reproduction of the website content, mobile application content, social media page content and/or web portal content is prohibited unless expressly authorized in terms of these Terms and Conditions or otherwise provided for in law.

10.5. Where any of the website content has been licensed to GamingDynamix (PTY) LTD or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and condition.

11.1. Should any paragraph or section of these Terms and Conditions be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and shall continue to be binding and enforceable.

12.1. The laws of the Republic of South Africa shall govern the interpretation of these Terms and Conditions.

12.1. You hereby consent and submit to the exclusive jurisdiction of the courts of the Republic of South Africa for the purposes of all or any legal proceedings arising from or concerning these Terms and Conditions.

We accept the following payment gateways and options:

• EFT (Proof of payment required)
• Instant EFT
• Online Card Payment
• Mobicred
• RCS

14.1. While every effort is made to ensure that our pricing is correct, there may be instances where an incorrect price is published.

14.2. Where such a pricing error is obvious and unmistakable and should have reasonably been recognized by the customer as a mispricing, GamingDynamix (PTY) LTD may cancel any orders placed and refund the customer any monies or funds paid.

15.1. Nothing in this section should be interpreted to limit any rights that a customer may be afforded in terms of the CPA.

15.2. Should you wish to cancel the contract of sale with GamingDynamix (PTY) LTD or return an item that you no longer wish to possess for a refund, you have the right to do within 7 business days after you receive the goods. This right only applies to goods that have not been opened or remain unused and that remain in their original packaging.

15.3. To exercise this right of cancellation, written notice must be emailed to GamingDynamix (PTY) LTD at sales@gamingdynamix.co.za providing the details of the goods ordered as well as the particular delivery and the order number. Notification by phone shall not be sufficient.

15.4. If you exercise your right of cancellation after the goods have been delivered, you will be responsible for the return of the goods to GamingDynamix (PTY) LTD at your own cost. Goods may only be returned by prior arrangement at GamingDynamix (PTY) LTD premises to ensure the return can be received.

15.5. Should an item become damaged in transit to GamingDynamix (PTY) LTD, GamingDynamix (PTY) LTD will not be liable for such damage and the risk remains vested with the customer until GamingDynamix (PTY) LTD accepts delivery thereof. It is recommended that the customer take out the necessary insurance for items being sent to GamingDynamix (PTY) LTD.

15.6. A refund may be refused in the event that the goods and/or packaging are damaged or lost while in transit.

15.7. Once GamingDynamix (PTY) LTD has been notified of your cancellation of the contract and the goods are returned to GamingDynamix (PTY) LTD, a refund will be processed within 14 days.

15.8. Where GamingDynamix (PTY) LTD has had to incur any delivery or collection costs, such costs will be deducted from any refund due to a customer. Should you prefer GamingDynamix (PTY) LTD to attend to the collection, kindly indicate so in your communication cancelling the agreement between yourself and GamingDynamix (PTY) LTD.

15.9. Refunds may also be subject to deductions for bank and credit card charges incurred by GamingDynamix (PTY) LTD.

15.10. If the goods are not returned within 7 days of notifying GamingDynamix (PTY) LTD of your intention to cancel the agreement and request a refund, GamingDynamix (PTY) LTD shall not be liable to refund you for such goods.

15.11. Where a product is returned and it is not in its original packaging or the packaging has been opened, GamingDynamix (PTY) LTD may in its sole discretion elect to process the refund, less an additional fee.

15.12. Where a refund for computer software is requested and same has been opened or the seal broken, such product shall not be eligible for a refund. The same applies to consumer goods which by their very nature cannot be returned, save where a fault is discovered which could not otherwise have been discovered without breaking open the seal.

15.13. Save for custom build PCs, cancellation of an order of any other product after confirmation that the order is correct, shall incur a standard 5% cancellation fee at the expense of the customer.

15.14. An order cancelled in transit shall incur the standard cancellation fee plus any additional transit costs at the expense of the customer.

15.15. A 20% handling fee will be charged on all returned items not covered by the provisions of the CPA.

15.16. PC Pre-Build bundles are sold by GamingDynamix (PTY) LTD which results in a cheaper bundle cost. Where PC Pre-Build bundles are sold and a particular component is faulty, defective or unsatisfactory and the customer would qualify for a refund or a replacement in terms of the CPA, a refund will not be provided for the retail price of the component as reflected on the website, but shall be for the actual amount paid in terms of the bundle. Should a customer request store credit, store credit shall also be provided for the bundle price and not the retail price. This includes but is not limited to custom/pre-built desktops, laptop upgrades, desktop upgrade kits and combos.

16.2. Delivery by Courier appointed by you: The consumer may appoint a courier or collection agency of your choice to collect your order.

16.3. GamingDynamix (PTY) LTD shall under no circumstances be liable for any costs as a result of this and no risk shall vest in GamingDynamix (PTY) LTD once your order is handed over to such courier or agent.

16.4. Delivery by Courier appointed by GamingDynamix (PTY) LTD: Delivery will take place at the address you provide when placing your order, save where the delivery is to be made outside the borders of the Republic of South Africa.

16.5. Should you deliberately fail to take delivery of goods ordered, and without prejudice to any other right or remedy that GamingDynamix (PTY) LTD shall have, GamingDynamix (PTY) LTD may:

• 16.5.1. Store the goods until actual delivery and charge you for reasonable costs, including insurance and storage; or
• 16.5.2. Sell the goods at the best available price and (after deducting all reasonable expenses incurred by GamingDynamix (PTY) LTD) account to you for any excess over the agreed selling price or charge you for any shortfall below agreed selling price.

16.6. If delivery cannot be made at your address for reasons under GamingDynamix (PTY) LTD control, GamingDynamix (PTY) LTD will inform you as soon as reasonably possible.

16.7. Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, GamingDynamix (PTY) LTD will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, GamingDynamix (PTY) LTD will inform you as soon as possible of any delays.

16.8. Upon receipt of your order you will be asked to sign for the goods confirming that the goods are delivered in a good condition:

• 16.8.1. If the package does not appear to be in good condition, please refuse the delivery.
• 16.8.2. If you are unable to check the contents of your delivery at the point of delivery then please sign for the parcel as (UNCHECKED). Failure to do so may affect any warranty claims that you make thereafter.

16.9. Timelines provided for deliveries are merely a guideline, as GamingDynamix (PTY) LTD are reliant on the use of couriers:

• 16.9.1. GamingDynamix (PTY) LTD shall not be held liable for any delays occasioned by the actions of any courier company once the parcel has been handed over to a courier for delivery to the customer. Concerns about delivery times and/or delays must be escalated to the relevant courier company.

16.10. GamingDynamix (PTY) LTD shall in no way be liable for orders shipped or delivered to incomplete or incorrect delivery addresses supplied by the customer. Any additional fees for such orders will be for the account of the customer and not GamingDynamix (PTY) LTD.

16.11. Parcels and orders will only be dispatched once payment has been received in full and it is reflected in GamingDynamix (PTY) LTD bank account where payment is made by way of EFT or bank deposit.

16.12. Where a customer provides incorrect or incomplete delivery information, the customer will be liable for any additional costs that GamingDynamix (PTY) LTD may incur in this regard.

16.13. Should a customer change their address after acceptance of an order, or in any way commit any act that results in increased costs for GamingDynamix (PTY) LTD, the customer acknowledges his/her/its liability for the additional costs.

17.1. Products may not be identical to the pictures displayed on the website and the product or device may vary slightly. All pictures are for illustrative purposes only. We in no way guarantee that the device’s colors as reflected in our advertising depicts the true color of the product or device.

17.2. The packaging of products and devices may vary from what is displayed on our website and there shall be no claim for such variance.

17.3. The stock of all products and devices displayed on the website is limited. GamingDynamix (PTY) LTD will make every reasonable effort to remove a product from the website or display same as being “Out of Stock” as soon as a product becomes unavailable.

18.1. All risk related to any products shall transfer to you on date of delivery of the products to you or a carrier organized by you from GamingDynamix (PTY) LTD premises.

18.2. Ownership of goods will transfer to you once GamingDynamix (PTY) LTD have received payment in full and delivery has successfully taken place.

19.1. Where this agreement is subject to the CPA, it shall not override or circumvent any rights afforded to a consumer therein.

19.2. Stock sold on our website may come with manufacturer warranties which will vary according to the product and manufacturer.

19.3. In some instances, GamingDynamix (PTY) LTD, although not obligated to do so, may offer an additional warranty for a particular period of up to 1 year. A product or device shall only be subject to such an extended warranty provided by GamingDynamix (PTY) LTD where such warranty is explicitly disclosed and recorded and shall be on the terms communicated.

19.4. Customers are urged to consider and familiarize themselves with the terms of any and all warranties provided in respect of any goods to firstly, understand the terms thereof, and second understand to who the claim should be submitted.

19.5. Should a warranty be limited to a replacement or repair for example, no refund for such return will be processed.

19.6. Should a product or device not be subject to an additional warranty by GamingDynamix (PTY) LTD and only a manufacturer’s warranty, GamingDynamix (PTY) LTD may assist in the returns/repair process, however, shall not be obligated to do so.

19.7. All GamingDynamix (PTY) LTD warranties in respect of components shall be limited, otherwise such components shall only have a manufacturer warranty (where applicable). This will be communicated to the customer.

19.8. Any returns not covered by the CPA shall be on a Return to Base model. GamingDynamix (PTY) LTD shall not be responsible for any delivery charges for the return of any goods to GamingDynamix (PTY) LTD and such costs shall be for the account of the customer.

19.9. GamingDynamix (PTY) LTD shall not under any circumstances accept the return of any item that has visible physical damage. Should such items be delivered to GamingDynamix (PTY) LTD, the customer shall attend to the collection of the items and GamingDynamix (PTY) LTD shall not be liable for any loss or damage as a result of a customer’s failure to collect the necessary items once ordered to do so.

19.10. The determination of what shall constitute customer induced damage for which a manufacturer’s warranty (in addition to GamingDynamix (PTY) LTD warranty) is voided shall be made by the manufacturer authorized service center, whose determination GamingDynamix (PTY) LTD shall not interfere with.

19.11. Any warranty provided by GamingDynamix (PTY) LTD shall not apply to any defect in the goods arising from fair wear and tear, willful damage, accident, negligence by the customer or any other party, use as otherwise recommended by GamingDynamix (PTY) LTD, failure to follow GamingDynamix (PTY) LTD instructions or any alteration or repair carried out without the approval of GamingDynamix (PTY) LTD.

19.12. No warranty claims shall be possible in respect of items that malfunction or become damaged as a result of lightning or electrical shortages.

19.13. Laptops: All Laptops sold by GamingDynamix (PTY) LTD come with no warranty from GamingDynamix (PTY) LTD and shall only be covered by the manufacturer’s warranty and such claims must be handled directly with the relevant manufacturer and their returns/repair process.

19.14. Monitors: All monitors sold by GamingDynamix (PTY) LTD come with no warranty from GamingDynamix (PTY) LTD and shall only be covered by the manufacturer’s warranty and such claims must be handled directly with the relevant manufacturer and their returns/repair process.

19.15. CPU Pin Damage: Where pins are bent, the processor cannot be inserted into the socket on the motherboard. This type of damage is considered to be physical damage and shall render any warranty in respect of a device or product to be void.

19.16. Motherboard damage: Warranty claims in respect of physically damaged motherboards will be denied. GamingDynamix (PTY) LTD shall not be liable for any shipping expenses in respect of such claims. Physical damage includes, but is not limited to, chips, burns, scratches, thermal paste in the CPU socket and bent pins. Any scrapes to the metal around the screw holes caused by overtightening of case screws shall also be considered to be physical damage. Customers are accordingly cautioned to take care when installing a motherboard.

19.17. Dead pixel policies are manufacturer specific and it is the responsibility of the customer to familiarize himself/herself/itself with the necessary policy from any manufacturer. GamingDynamix (PTY) LTD does not provide any warranty in respect of dead pixels.

19.18. All items sold by GamingDynamix (PTY) LTD with a warranty from GamingDynamix (PTY) LTD which are used for purposes of mining or on a mining site shall have a limited warranty for a maximum of 3 months. The same generally applies to warranties from manufacturers as well.

19.19. All chairs sold by GamingDynamix (PTY) LTD shall have a limited 1-year warranty, which shall not cover wear and tear to the chair.

19.20. Should a defect arise while under warranty or you have any other complaints about the product, you must notify GamingDynamix (PTY) LTD in writing via the “Contact Us” section of the website, as soon as possible, but within 3 days of the date that the damage was discovered or ought to have been discovered. Failure to do so shall result in a presumption that the defect occurred at the time it is actually reported to GamingDynamix (PTY) LTD.

19.21. Kindly take note that GamingDynamix (PTY) LTD are not authorized to open or tamper with certain devices or products, and such activity should be conducted by the manufacturer. GamingDynamix (PTY) LTD shall not engage in such activities should it risk liability for the voiding of a customer’s warranty.

19.22. Should a product under warranty be discontinued or stock not be readily available, the manufacturer or service center have a discretion and indicate a suitable replacement. GamingDynamix (PTY) LTD cannot request a specific product unless the manufacturer or service center agree thereto.

19.23. Software is under no circumstances covered by any warranty on any product. This includes but is not limited to software faults/errors or data loss.

19.24. All warranties are local (based in South Africa). Any items purchased from GamingDynamix (PTY) LTD and taken internationally will not be covered by an international warranty, unless specifically stated by the manufacturer. GamingDynamix (PTY) LTD holds no liability for charges on the return of any such items outside of South African borders.

20.1. Certain products are provided by Original Equipment Manufacturers and are often coupled with other products, for example CPUs.

20.2. GamingDynamix (PTY) LTD shall further not be liable under any circumstances for any data loss that may occur as a result of any new installation.

21.1. Where GamingDynamix (PTY) LTD do not have a particular item in stock or a client wishes to, where permitted, exchange or replace the product for a different or similar product, the customer will be liable for payment of the difference between the initial product and the replacement product where the replacement product is more expensive, or the customer will receive a store credit or refund should the replacement product be cheaper.