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TERMS & CONDITIONS

1. GENERAL

1.1.         You have arrived at our online Terms and Conditions (herein also referred to as “T&Cs”, “Agreement”) for use of this web site, www.sonsound.co.za, SON SOUND (hereinafter referred to as “SON SOUND”, “SS”, “we”, “site” or “Website”), by you. These terms and conditions, together with the Cookie Policy and Privacy Policy (the “Annexures”) form part of this Agreement.

1.2.         These Online Terms and Conditions (T&Cs), which include any policies on SON SOUND’s website, are governing you ordering, booking, renting and purchasing of goods and services on this Site, giving you access to the information and use of this Website.

1.3.         By using this Website, you (herein also referred to as “you”, “Customer”) is bound by and agree to these T&Cs, which may change without notice from time to time. If the Customer does not agree to any of the T&Cs the Customer should not continue to use this Website.

1.4.         When you place an online booking or order, a user profile will be created for which will serve as consent to and acceptance of our Standard and Rental Terms and Conditions, these T&Cs and Privacy Policy.

1.5.         Use of our website confirms your understanding and acceptance of these Terms and Conditions, and the Customer will be bound by our Terms and Conditions, these T&Cs and Privacy Policy during all transactions relating to the rental and/or purchase of Products or services from our website.

1.6.         By entering any and all personal information on this Site in the creation of an account, in registering with SON SOUND, in booking/paying for a rental Product or Service or making a purchase, and/or by accepting this Agreement, you consent to the processing of your personal information by SON SOUND in terms of the Protection of Personal Information Act of South Africa.

2. DEFINITIONS (applies to the whole of this Agreement)

2.1.         “Customer” or “Buyer” means the party who orders, rents or purchases the Products or Services from SON SOUND or who registers with a user profile on our website.

2.2.         “CPA” means the Consumer Protection Act, 68 of 2008.

2.3.         “Contract” means any contract or agreement arising out of the acceptance of any offer, whether that contract arises out of an offer made by SON SOUND and accepted by the Customer, or an offer made by the Customer and accepted by SON SOUND, and includes the terms and conditions of any agreement between the parties regarding installation/setup, if applicable.

2.4.         “Products” means the products rented or sold to the Customer by SON SOUND which form the subject matter of the Contract.

2.5.         “Services” means the online shop, the booking/renting of products and services provided by SON SOUND by which a person, firm or company may rent or buy Products or Services on this Site;

2.6.         “we”, “us”, “our”, “ourselves” and “SS” are used interchangeably in this Agreement and all mean SON SOUND;

2.7.         “VAT” means any value added tax, or other consumption tax;

2.8.         “you” or “your” means you, whether as a Buyer, Renter, or an Affiliate (where/when applicable) or all included as the case requires, or otherwise, and your successors and permitted assignees;

2.9.         “Intellectual Property Rights” means industrial and intellectual property whether protected by common law or under statute including (without limitation) copyright and neighbouring rights, all rights concerning inventions (including registered patents and the benefit of any applications for a patent), music, videos, graphics, digital content, registered and unregistered trademarks, registered and unregistered designs including drawings, circuit layouts and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields anywhere in the world;

3. THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT 25 OF 2002 (“THE ACT”)

Our contact details are as follows:

3.1.        Son Sound Shop (Pty)Ltd t/a SON SOUND, a company registered in the Republic of South Africa with Reg. No. 2023/576697/07, with its registered office for legal service of documents at 129 Oudeberg, Waterkloof Heights, Pretoria, 0181, South Africa.

3.2.         Telephone Number: +27 (79)117 9179

3.3.         Website Address: www.sonsound.co.za

3.4.         Directors/Owners: Zaan Sonnekus, Tristan Adamson

4. USE OF THE WEBSITE

4.1.         The following activities on or through the Website are expressly prohibited:

4.1.1.     any non-personal or commercial use of any robot, spider, other automatic device or technology, or manual process to monitor or copy portions of the Website or the content contained thereon; and

4.1.2.     the collection or use of any listings, descriptions, and/or price lists from the Website for the benefit of a competing merchant that supplies products comparable to those offered on the Website; and

4.1.3.     any use or action that imposes an unreasonable or disproportionately-large load of traffic on the Website, or otherwise interferes with the proper and timely functioning of the Website;

4.1.4.     any attempt to gain unauthorised access to the Website or its related systems or networks;

4.1.5.     accessing the Website for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purpose; and

4.1.6.     the reverse engineering or decompiling of the Website.

4.2.         When a Customer registers on the Website, they will be required to provide certain access details, including a username and a password. Customers are responsible for maintaining the confidentiality and security of your Username and Password for access to the Website and accept full liability for all activities that occur on or involves the Website under a Customers User Name. Customers may not:

4.2.1.     allow other people to use their User Name and Password; or

4.2.2.     impersonate another User or any third party; or

4.2.3.     provide false information to gain access to the Website.

4.3.         Customers warrant their identity (in other words, that they are who they say they are).

4.4.         Although reasonable steps have been taken to ensure the accuracy and completeness of the contents, data and information on this Website, there may be instances where such information proves inaccurate or incomplete. Customers should take all reasonable steps to ensure and verify the accuracy of the contents, data and information obtained from this Website, especially if certain information appears to be inaccurate, particularly product pricing and promotional content.

5. PURCHASES AND STOCK AVAILABILITY

5.1.         Prices displayed on the website are subject to change without notice and Errors and Omissions are Excepted (E&OE). Prices includes VAT (Value Added Tax), where this is required by specific legislation.

5.2.         Orders/Bookings placed may be declined or cancelled in the event of Products and/or Services being not available or out of stock, damaged Products, incorrect Product information, incorrectly displayed prices, and due to payment for Products and/or Services not being received or payments not being authorized/accepted by SON SOUND.

TERMS & CONDITIONS FOR SALES

The following Terms & Conditions apply to Sales (online purchases by Customers)

6. DELIVERY AND RETURNS

6.1.         All deliveries have shipping charges calculated depending on the size/weight of the order and the delivery address. We pay a premium to our third-party delivery service to ensure the best service possible.

6.2.         On the Checkout page, there is provision to enter your delivery address and postcode and quantity to get an estimate of shipping costs to your area. If our shipping calculator is unable to work out your shipping, please call our customer service on +27 82 099 4929 to obtain a price for delivery.

6.3.         For more information on DELIVERY CHARGES AND PAYMENT METHODS please see clause 26 below.

6.4.         SON SOUND does not offer hoisting of any nature and delivery will not take place beyond the 1st floor unless an elevator is available that can accommodate the Product(s).

6.5.         The Customer acknowledges that delivery of dates, specifically for Product purchases, given in advance are estimated and will be made subject to prior orders on file with SON SOUND. SON SOUND will use its best endeavours to ensure that delivery is completed as soon as is reasonably possible on the estimated delivery date. Notwithstanding the foregoing, SON SOUND shall not be liable for failure to perform or delay in performance hereunder resulting from any cause beyond SON SOUND’s control, fire, labour difficulties, riots, transportation difficulties, interruptions in power supply (including but not limited to what may be termed “load shedding” or “black-outs”) and delays in usual sources of supply, major changes in economic conditions, breakdown of machinery or any cause beyond SON SOUND’s control, or whether caused by negligence or otherwise. The provisions of clause 10.3 below shall apply hereto as if specifically amended.

6.6.         Subject to an online quote or written agreement between the parties providing to the contrary, risk in and to the Products shall pass to the Customer upon delivery, regardless of whether or not SON SOUND has agreed to effect installation/setup of the Products.

6.7.         The Customer shall immediately upon receipt of the Products from SON SOUND be allowed to inspect the Products and the Customer must inform SON SOUND of any omissions, damages or errors by way of written notice on the delivery document presented by our third-party delivery company.

6.8.         Any of the Products delivered to the Customer in error will only be considered for return by SON SOUND provided that such Products are undamaged, have not been tampered with in any way and are not defaced in any way, and that the Customer can provide us with a purchase receipt or invoice.

6.9.         If the Customer, due to some fault of its own, cannot accept or should it request SON SOUND in writing to suspend or delay delivery of the Products, SON SOUND reserves the right to claim any additional costs involved from the Customer.

7. RETURNS

7.1.         No products will be granted to a Customer on “Appro”.

7.2.         Products sold online are only eligible for a refund (less shipping charges) if cancelled within 7 days of delivery of the item, and on condition they are returned in their original saleable condition.

7.3.         Products NOT sold online (collected) are only eligible for a refund (less shipping charges) if returned within 72Hrs of invoice date or receipt of item, upon presentation of a receipt and on condition they are returned in their original saleable condition. After the 72Hr period has lapsed returns will be accepted at the SON SOUND’s discretion whereupon a credit note will be issued.

7.4.         Notwithstanding what is contained in clause 7.2, 7.3 above, the Customer may not return Products that have been discounted, are on sale or that SON SOUND has been expressly or implicitly required or expected to procure, create or alter specifically to satisfy the Customer’s requirements. Products that are not ordered online are also not eligible for return if they have been discounted or purchased while on sale.

7.5.         All items returned must be returned by prior notification to SON SOUND to the following address in full original packaging:
SON SOUND, 129 Oudeberg, Waterkloof Heights, Pretoria, 0181.

8. INSTALLATION/SETUP AND ASSEMBLY

SON SOUND is under no obligation to effect installation/setup or assemble the Products at the premises of the Customer. However, if SON SOUND agrees in writing, to effect installation/setup or assembly of the Products, the following terms and conditions shall apply, unless otherwise agreed in writing:

8.1.         SON SOUND may use any contractor or sub-contractor of its choice to effect installation/setup or assembly;

8.2.         any deposit in respect of the installation/setup or assembly, which may be requested by SON SOUND will, in addition to any other rights which SON SOUND may have in law, be forfeited by the Customer as liquidated damages in the event of a breach by the Customer of any of the terms of the contract;

8.3.         to the extent applicable, SON SOUND shall not commence installation/setup or assembly unless the area to which the Products will be installed or assembled has been prepared according to the specifications of SON SOUND. SON SOUND shall not be responsible for any delays or additional costs arising out of the failure of the Customer to procure that the relevant area complies with the specifications of SON SOUND;

8.4.         SON SOUND will use its best endeavours to ensure that installation/setup or assembly is completed as agreed and as soon as is reasonably possible after the date on which installation/setup or assembly commences, but time for the completion of installation/setup or assembly shall only be of the essence if a completion date is agreed in writing with SON SOUND. Notwithstanding this, no responsibility will be accepted by SON SOUND for delays due to forces beyond its reasonable control; and

8.5.         the Customer indemnifies and holds harmless SON SOUND against any and all liability which may arise in the event of death or injury to, or pecuniary loss suffered by, any contractor, sub-contractor or employee of the Customer in the course and scope of his/her employment in connection with the installation/setup or assembly, as a result of the negligence or wilful misconduct of SON SOUND, its officers, employees, contractors, sub-contractors or agents.

9. CANCELLATIONS AND REFUNDS

The Customer may cancel Contract (a purchase) prior to a shipping notification being sent. Should a Contract be cancelled after a shipping notification has been sent a shipping fee will be deducted from the refund.

10. LIMITATIONS

10.1.      In addition to any other specific exclusions of liability contained herein and unless otherwise expressly stated herein, the parties agree that the Customer shall have no claim against SON SOUND for any loss or damage, of any nature, occasioned by any defect in any Products supplied, or any failure to provide adequate instructions in respect of any hazards that might arise from the use or incorrect use of the Products, save to the extent that the Customer is a Consumer as per the CPA and such loss or damage is contemplated in section 61 of the CPA, and provided that nothing in these T&Cs are construed in any way limiting the rights of SON SOUND to raise such defences as may be available to it at common law or in terms of any statute.

10.2.      In the event that SON SOUND provides advice regarding the application of the Products at the request of the Customer, the liability of SON SOUND in respect of the non-suitability of the Products for the purpose for which they are used will be limited to the selling price of those Products.

10.3.      The Customer hereby indemnifies and holds SON SOUND harmless against any losses, expenses, costs or damages of whatsoever nature incurred by the Customer arising from any wilful misconduct or gross negligence on the part of SON SOUND.

11. SHIPPING & DELIVERY

11.1.      To meet our delivery requirements outside our reach in the best way possible, we use preferred third-party service providers we have selected and entrusted who deliver anywhere within South Africa.

11.2.      Our National delivery partners are only able to offer delivery to your specified address and will not assist in the removal of packaging or placement of the Products in your home. For special delivery requirements, installations, and any added services please contact our team on +27 (0) 82 099 0868 for quotes.

11.3.      The Shipping Policy, Return Policy and Exchange Policy, and Refund Policy of each product are indicated on our website for each individual product. Please make sure to read these policies before you make an online purchase on our website.

11.4.      The cost of shipping is normally included in the payment at Checkout on our website, but can also be separately arrange. No Products will be shipped to Customers before the required Shipping cost is paid.

11.5.      We ask that you inspect your delivery and provide a signature upon receipt. Please refer to clause 7.2 regarding returns.

11.6.      We will issue your contact number (as provided by you on our website when you register) to our third-party shipping service provider to contact you for a day-time delivery appointment.

12. WARRANTIES

12.1.      The warranties listed below depend on the nature of the Product and will only be applicable if:

12.1.1.   the defect existed at the time of delivery and manifested during the warranty period;

12.1.2.   the defect did not arise due to normal wear and tear or misuse/abuse by the Customer;

12.1.3.   the Product is used for the purposes intended and within the environment prescribed by the Product’s manufacturer (unless the latter requirement is waived by SON SOUND in writing);

12.1.4.   the Customer duly complied with the care and maintenance instructions;

12.1.5.   the Customer provides the original invoice;

12.1.6.   the Product is assembled and used following the specifications;

12.1.7.   the defect does not relate to alterations contrary to the instructions or after leaving the control of SON SOUND;

12.1.8.   any material information provided by the Customer, specifically insofar as the intended use of the Product is concerned, is complete or correct.

12.2.      General Warranty: Any warranty only extends to that provided for by the manufacturer/supplier of the Product.

12.3.      SON SOUND will not be liable to compensate the Customer for any damages sustained by the Customer whilst the Products are being repaired, nor shall it be liable for any other damages, including consequential damages, relating to the replacement or repair of the Products.

12.4.      Other than the warranties stated herein, the Customer acknowledges that SON SOUND has made no representations or warranties to the Customer in connection with the agreement before the agreement being made.

TERMS & CONDITIONS OF RENTALS

13. QUOTATIONS and BOOKINGS

13.1.      Quotations for the rental of Products and Services submitted by SON SOUND through the online booking system (or in writing sent by email) will, unless otherwise stated therein, be capable of acceptance to bring into existence a Contract, as soon as the Customer confirms such booking by making payment or signing it (the written quotation), where after it will be subject to withdrawal and/or alteration by SON SOUND if deemed necessary.

13.2.      SON SOUND’s posts on social media platforms, such as, but not limited to, Facebook and Instagram and/or distributed publications are maintained as sources of general information and are not binding in any way.

13.3.      All prices quoted include VAT. Unless otherwise stated on our website the rental of any Products and/or Services does NOT include charges for extra services such as installation/setup of the Products and Services and delivery.

13.4.      Notwithstanding clause 13.3 above and clause 13.5 below, quoted prices in respect of Products and Services may be increased by SON SOUND at any time, prior to delivery, in the event of:

13.4.1.   A change in the Customer’s order;

13.4.2.   Where the Products and Services are imported, in the event of an escalation in any importation costs, including without limiting the generality of the foregoing, the foreign exchange rate, and costs of carriage;

13.5.      Where quoted prices specifically include installation/setup charges, such charges may be increased at any time before the commencement of installation/setup, due to an increase in labour charges, transportation (fuel prices), accommodation for the setup crew (where applicable), equipment, or insurance costs or due to a revision or variation by the Customer of the installation/setup project.

13.6.      Any increase in quoted prices will be communicated to the Customer within a reasonable period from the time that SON SOUND becomes aware of the increase.

14. ACCEPTANCE OF CONTRACT AND CENCELLATION

14.1.      A rental agreement (Contract) shall come into existence when:

14.1.1.   The Customer makes payment for a booking/rental of Products and/or Services either  through the online booking/rental system on our website or by any other means (cash or EFT); or

14.1.2.   The Customer accepts any written quotation given by SON SOUND; or

14.1.3    SON SOUND accepts in writing any order for the rental of Products and/or Services placed by a Customer; or

14.2.      The Customer’s online booking order or acceptance of a written quotation (the Contract) is binding on the Customer and in the event that the Customer cancels the Contract (order or accepted quote), SON SOUND may charge the Customer up to a 50% cancellation fee or a reasonable cancelation fee.

14.3.      Notwithstanding what is contained in clause 14.2, the Customer may not cancel a Contract under the following conditions:
14.3.1  Within 48 hours prior to the event date/time on which the products or equipment were ordered/rented, in which case the Customer shall not be entitled to any refund of any deposit or payments made, or
14.3.2  Where that Contract relates to Products and Services that SON SOUND has been expressly or implicitly reserved, required or expected to procure, create or alter specifically to satisfy the Customer’s requirements.

14.4.      The Customer acknowledges that it is aware that SON SOUND’s salespersons have no authority to vary the terms or conditions of the rental Contract and SON SOUND assumes no liability and shall not be bound by any statements, warranties, or representations made by such salespersons save as expressly stated in writing and signed by a manager or director of SON SOUND, duly authorised.

14.5.      The Customer may only cancel a Contract if agreed thereto by SON SOUND in writing and upon payment of reasonable charges based upon expenses already incurred and commitments made by SON SOUND.

15. RENTAL PERIOD AND CHARGES

15.1.      The Customer book and rent the Products (equipment) and/or Services for a specific Rental Period for which the Customer is charged/billed.

15.2.      If the Customer wishes to extend the initial Rental Period for any period, and that Products and/or Services were not rented to another customer during the required extension period, our management will consult with the Customer a fee per hour for the extension period.

15.3.      If the Products and/or Services are booked by another customer directly following your Rental Period (about which SON SOUND is not obligated to notify you), you are NOT ALLOWED to overshoot or extend your Rental Period.

15.4.      In the event of 15.3 above, you still overshoot the Rental Period, you agree that SON SOUND in addition to any other legal devices available to them may charge you a reasonable penalty fee as well as the applicable rates to recover any losses or damages.

16. RENTAL PRICE & PAYMENT

16.1.      The rental price of the Products and/or Services shall be paid to SON SOUND in full and without set-off through the online payment system (or as otherwise arranged) when the Customer makes an online booking or upon presentation of SON SOUND’s tax invoice relating to such booking order.

16.2.      Should the Customer fail to make any payment in due time, then all amounts owing by the Customer to SON SOUND according to the Contract, will immediately become due and payable by the Customer and the Customer shall immediately forfeit all discounts of whatsoever nature which may have been expressly granted to it by SON SOUND.

16.3.      Unless otherwise agreed in writing, any amount not paid on due date and owed to SON SOUND shall bear interest at a rate of 2% (two percent) above the publicly quoted basic rate of interest, compounded monthly in arrears and calculated on a 365 day year, from time to time published by Standard Bank as being its prime overdraft rate, as certified by any representative of that bank whose appointment and designation it will not be necessary to prove, from due date until date of payment, both days included.

16.4.      In the event that a Customer is a foreign person and a fluctuation of more than 5% (five percent) occurs in the rate of exchange between the South African Rand and the currency applicable to the foreign Customer in any period of 30 (thirty) days, SON SOUND shall have the right but not the obligation to increase the rental price of the Products proportional to any such fluctuation, upon 7 (seven) days’ written notice to the Customer.

17. DELIVERY, COSTS AND RETURNS

The Delivery and Return or Exchange of Rental Products and/or Services are treated differently from our Shipping/Delivery and Return Policy for purchased Products and Services, as follows:

17.1.      Unless otherwise quoted or agreed in writing, SON SOUND is responsible for delivering the rented Products and/or Services and the Customer is responsible for all costs related to the delivery of such Products and/or Services. This cost may not be correctly reflected in the online Booking system, but is determined by the quantity, volume and weight of the products rented and shall be confirmed by SON SOUND’s final quotation.

17.2.      SON SOUND does not offer hoisting of any nature and delivery will not take place beyond the 2nd floor unless an elevator is available that can accommodate the Product.

17.3.      The Customer acknowledges that the online scheduled booking date(s) and time(s) are fixed and delivery will be made on such date and time subject to prior booking orders on record with SON SOUND are paid in full. SON SOUND will use its best endeavours to ensure that delivery takes place on such scheduled date and time. Notwithstanding the foregoing, SON SOUND shall not be liable for failure to perform or any delay in performance hereunder resulting from any cause beyond SON SOUND’s control, fire, labour difficulties, transportation difficulties, rioting, Covid-19 lockdown/curve regulations, interruptions in power supply (including but not limited to what may be termed “load shedding” or “black-outs”) and delays in usual sources of supply, major changes in economic conditions, breakdown of vehicles or any cause beyond SON SOUND’s control, or whether caused by negligence or otherwise. The provisions of clause 17.4 below shall apply hereto as if specifically amended.

17.4.      Subject to a quote or written agreement between the parties providing to the contrary, risk in and to the Products shall pass to the Customer upon delivery, regardless of whether or not SON SOUND has agreed to effect installation/setup of the Products.

17.5.      The Customer shall immediately upon delivery of the Products from SON SOUND be allowed to inspect the Products and the Customer must inform SON SOUND of any omissions, damages or errors by way of immediately contacting and notifying our Project Manager on +27 82 099 0868 (Call, WhatsApp or SMS), or email to rentals@sonsound.co.za.

17.6.      Any of the Products delivered to the Customer in error will be returned and replaced at no extra charge by SON SOUND provided that such Products are not damaged, not tampered with or defaced in any way by the Customer or his/her employees, contractors, agents or anybody affiliated to the Customer.

17.7.      If the Customer, due to some fault of its own, cannot accept or should request SON SOUND in writing (ie. By email or WhatsApp message) to suspend or delay delivery of the Products, SON SOUND reserves the right, though not obligated to exercise such right, to claim from the Customer any losses or damages in income it could have earned during the period of such delay or postponement, or any additional costs incurred as a result of such delay or postponement.

18. SECURITY AND INSURANCE

18.1.      The risk and responsibility for the safekeeping and security of any Products (rented equipment) passes to the Customer on the date and time of delivery until the rent period has lapsed and SON SOUND collected such Products or is returned to SON SOUND by the Customer.

18.2.      Whether SON SOUND has insurance or not on the Product (equipment) rented by the Customer, SON SOUND shall have the right to claim from the Customer any loss or damages it may suffer due to damaged or lost Products (equipment) due to negligence, misconduct, wrongful operation or abuse of the Products by the Customer or its guests, employees, contractors, sub-contractors or any other person(s) affiliated to the Customer during the rental period (after being delivered until returned to or collected by SON SOUND).

19. INSTALLATION/SETUP AND ASSEMBLY

19.1.      Where SON SOUND is responsible for the installation/setup or assembly of Products at the chosen premises by the Customer according to the rental Contract, the following terms and conditions shall apply, unless otherwise agreed in writing:

19.1.1.   SON SOUND may use any contractor or sub-contractor of its choice to effect installation/setup or assembly;

19.1.2.   any deposit in respect of the installation/setup or assembly, which may be requested by SON SOUND will, in addition to any other rights which SON SOUND may have in law, be forfeited by the Customer as liquidated damages in the event of a breach by the Customer of any of the terms of the Contract;

19.1.3.   to the extent applicable, SON SOUND shall not commence installation/setup or assembly unless the area to which the Products must be installed or set up or assembled has been prepared according to the specifications of SON SOUND. SON SOUND shall not be responsible for any delays or additional costs arising out of the failure of the Customer to procure that the relevant area complies with the specifications of SON SOUND;

19.1.4.   SON SOUND will use its best endeavours to ensure that installation/setup is completed on the date and time on which installation/setup is scheduled as per the Contract between the Customer and SON SOUND. Notwithstanding this, no responsibility will be accepted by SON SOUND for delays due to forces beyond its reasonable control; and

19.1.5.   the Customer indemnifies and holds harmless SON SOUND against any and all liability which may arise in the event of death or injury to, or pecuniary loss suffered by, guests, visitors, family, friends, or employees of the Customer in connection with the installation/setup, as a result of the negligence or wilful misconduct of SON SOUND, its officers, employees, contractor, sub-contractor, or agents.

20. OWNERSHIP AND DAMAGES

20.1.      Notwithstanding anything to the contrary, after delivery of the Products and the passing of risk and responsibility to the Customer, ownership of and title to the rented Products shall remain vested in SON SOUND, and any amounts owing to SON SOUND in respect of the renting of the Products or the installation/setup thereof (where applicable).

20.2.      The Customer shall be liable for and takes full responsibility for any loss or damages to the Products (equipment) rented under the Contract that is caused by the actions, negligence, wilful misconduct, or abuse, including wrongful operation of the Product(s), by the Customer or its guests, employees, contractors, sub-contractors, or person(s) appointed by him/her to operate the Product. The Customer therefor undertakes to pay the full cost for the repair or replacement of such lost or damaged Product(s).

21. WARRANTIES AND GUARANTIES

21.1.      Any Products delivered to the Customer under the rental Contract are covered by supplier warranties, however, most such warranties cover repairs only and not necessarily immediate replacement. SON SOUND undertakes to immediately replace any defective Products (equipment) delivered to the Customer if and when a defect is detected, subject to availability. If the exact product is not available at the time SON SOUND shall substitute it with a similar product with more or less similar specifications and functionality to uphold the integrity of the function for which it was hired.

21.2        In the event that any Product (equipment) as per clause 21.1 is or becomes defective for whatsoever reason, including the negligence or conduct of SON SOUND’s staff, and it cannot be replaced or substituted as per clause 21.1, SON SOUND will not be liable to compensate the Customer for any damages whatsoever, including consequential damages, sustained by the Customer.

21.3.      SON SOUND guarantees that the Product(s) and Services specified under the Contract will be the exact same Products and Services delivered to the Customer. If SON SOUND cannot deliver the exact Products and/or Services;

21.3.1.   the Customer has the right to cancel the Contract and be entitled to a refund; or

21.3.2.   SON SOUND can deliver a similar substitute Product and/or Service with the prior written consent of the Customer, in which event the cost difference shall be agreed upon by both parties and the Customer invoice be amended accordingly.

21.4.      Other than the warranties stated herein, the Customer acknowledges that SON SOUND has made no representations or warranties to the Customer in connection with the rental Contract before the Contract being made.

22. LIMITATIONS

22.1.      In addition to any other specific exclusions of liability contained herein and unless otherwise expressly stated herein, the parties agree that the Customer shall have no claim against SON SOUND for any loss or damage, of any nature, occasioned by any defect in any Products and/or Services supplied, or any failure to provide adequate instructions in respect of any hazards that might arise from the use or incorrect use of the Products, save to the extent that the Customer is a Consumer as per the CPA and such loss or damage is contemplated in section 61 of the CPA, and provided that nothing in these terms and conditions must be construed as in any way limiting the rights of SON SOUND to raise such defences as may be available to it at common law or in terms of any statute.

22.2.      If SON SOUND provides advice regarding the application of the Products or Services at the request of the Customer, the liability of SON SOUND in respect of the non-suitability of the Products for the purpose for which they are rented will be limited to the rental cost of those Products and/or Services.

22.3.      The Customer hereby indemnifies and holds SON SOUND harmless against any losses, expenses, costs, or damages of whatsoever nature incurred by the Customer arising from any wilful misconduct or gross negligence of SON SOUND.

23. DEFAULT

23.1.      Should the Customer fail to make payment upon the due date of any amount due and owing, or commit any other breach of the terms of a rental Contract or this Agreement as a whole, SON SOUND shall be entitled, at its option without notice and without prejudice to any other right which it may have, including the right to claim damages arising out of the breach or the termination of the contract, to cancel such contract forthwith, and/or to declare all amounts owing by the Customer to be immediately due and payable; and/or to suspend the carrying out of any of its then uncompleted obligations until payment is made.

23.2.      No relaxation which SON SOUND may have permitted on any occasion concerning the carrying out of the Customer’s obligations shall prejudice or be regarded as a waiver of SON SOUND’s rights to enforce those obligations on any subsequent occasion.

24. ASSIGNMENT

The Customer may not actually or purportedly cede, assign or otherwise alienate any rights or obligations which it may have in terms hereof or in terms of any contract with SON SOUND, without SON SOUND’s written consent, which consent will not be unreasonably withheld.

25. PRIVACY AND COOKIE POLICY

The Privacy and Cookie Policy forms part of the Customer Contract and T&Cs.  Personal information collected from the Customer will be in accordance with this Privacy and Cookie Policy.

 Privacy Policy:

25.2.      Personal information when used in this Policy means information that can identify a Customer as an individual or is capable of identifying a Customer.

25.3.      Use of SON SOUND’s Website signifies consent to SON SOUND collecting and using personal information of the Customer as specified below.

25.4.      Information of Customers is collected as follows:

25.4.1.   Personal information when communicating with SON SOUND or registering an online user profile.

25.4.2.   The Customer may order a Product and provide a name, e-mail address, delivery address, credit or debit card number and expiry date so that the order can be processed and the Product delivered to the Customer. Sometimes, the Customer may be asked for a telephone number.

25.5.      Details of credit or debit cards or bank accounts will be used by SON SOUND only for the specific purpose for which it was provided to SON SOUND.

25.5.1.   How information is used:

25.5.1.1.               To confirm that orders have been received; to validate the Customer; to prevent and detect criminal activity, fraud and misuse of or damage to our services or networks; to prosecute those responsible and to contact the Customer.

25.5.1.2.               To contact the Customer by post, telephone and electronic mail (that is email, picture, video, and SMS) about functionality changes to our Website, services or changes to our Terms and Conditions, and to communicate with the Customer about benefits and advise the Customer regarding our services.

25.5.1.3.               To contact the Customer by email, post or phone about promotions.

11.5.1.4.               Third parties may use the personal information collected about the Customer to contact the Customer about information that the Customer might find interesting regarding our Products.

25.5.2.                   Disclosing information to third parties:

25.5.2.1.               SON SOUND reserves the right to access and disclose personal information to comply with applicable laws, regulations and lawful government requests, to operate its systems properly to protect itself or its users or to solve any customer disputes.

25.5.2.2.               SON SOUND may provide aggregate statistics about sales, customers, traffic patterns and other website information to third parties, but these statistics will not include any information that could identify the Customer.

25.5.2.3.               Some of our services may be provided by other service providers, and our services will then be offered through third party service providers on our Website. Customer personal information will be shared with these companies. These companies can and will process this information and will be obliged to keep such information confidential.

Cookie Policy:

25.6.1.   Cookies are allocated during the registration process. These cookies will hold information collected during registration and will allow SON SOUND to recognise the Customer as a customer and provide the Customer with the services the Customer require.

25.6.1.1.               Cookies are used to collect information concerning visitors to the Website.

25.6.1.2.               A Customer can refuse or opt out of cookies by altering the settings on the browser used by the Customer.

25.6.2.   Privacy preferences can be altered by contacting SON SOUND to stop processing information for marketing purposes.

26           DELIVERY CHARGES & PAYMENT METHODS

26.1.      Delivery Charges:
All deliveries have shipping charges calculated depending on the size/weight of the order and the delivery address. We pay a premium to our third-party delivery service to ensure the best service possible. On the Checkout page, there is provision to enter your delivery address and postcode and quantity to get an estimate of shipping costs to your area. If our shipping calculator is unable to work out your shipping, please call our customer service on +27 82 099 4929 to obtain a price for delivery.

26.2.      Payment Methods:
We accept the following methods of payment:

26.2.1.   PAYFAST (Credit Card)

Our online payment gateway service provider is PayFast that allow most Credit Card payments.

26.2.2.   PAYFAST (Direct EFT)
PayFast also allow Customers to make a direct EFT (Electronic Fund Transfer) into our account.

26.2.3.   DIRECT DEPOSITS
                Customers can choose to make a Direct Bank Deposit into our account:

Bank:  Standard Bank
Account Name: SON SOUND

Account No: 072524979

Branch Code: 025109

Reference No: Please use your Order ID (confirmation number) as Reference to your payment.

All payments are in ZAR.

Please note: Goods will not be dispatched until full payment has been received by SON SOUND.

26.3.      TRACKING YOUR ORDER

Our policy is to keep you informed. When your order is dispatched, we will contact you by email and/or SMS with the relevant tracking information so you can keep a close eye on your delivery. For larger orders consisting of bulky or fragile items, you will also receive a call from one of our professional third-party delivery services to confirm a suitable time for delivery.

26.4.      PICKING UP YOUR ORDER

If you are in the Gauteng Province, you may contact our offices to arrange to pick up your order in Pretoria, South Africa.
Phone: 082 099 0868
Email: sales@sonsound.co.za
Please note: We do not carry all our stock in any of our premises. If you would like to pick up items from a SON SOUND Pick Up Point, this will need to be pre-arranged and is subject to stock availability and a charge if need be.

26.5.      STORAGE
We do not offer storage facilities for purchased items. All items should be collected or delivered within 10 working days of purchase without exceptions.

26.6.      SIGNATURE ON DELIVERY
All shipments contain valuable goods. Because of this, our carriers are contracted to produce a Proof of Delivery.

26.6.1.   Should the item be damaged or the packaging not be in place, this must be indicated on the delivery document and both the carrier representative and the person receiving the item must sign the delivery document to this effect. If the item is damaged it will be returned to us by the carrier.

26.6.2.   If you are comfortable with having your order left without the carrier obtaining a signature, please indicate this in the special instructions box when placing your order online or via email. We are unable to accept any responsibility for your order once delivered if you select this option.

26.7.      SETUP, ASSEMBLY OR INSTALLATION

26.7.1.   Unless otherwise agreed and paid for, SON SOUND is not responsible for the setting up, assembly or installation of any products purchased. All products usually include the manufacturers instruction manuals with step-by-step instructions on how to install/assemble and operate the product. Please call our customer service line on +27 82 099 0868 if you require information regarding specific items.

26.7.2.   We do offer a premium installation service for Gauteng areas. Should you require any installation assistance, please contact us by completing the Inquiry Form on this page – https://www.sonsound.co.za/fixed-installations/. Our office will provide you with a quotation to do your installation or assembly. SON SOUND will not be liable to compensate the customer for any damages sustained by the customer whilst the products are being installed or assembled.

26.8.      INSURANCE

All shipping costs are exclusive of insurance costs, please specify this when dealing with transport.

26.9.      RETURNS POLICY
Please see our separate Return Policies for Sold Products (clause 7) and Rental Products (clause 17) above.

27. INTELLECTUAL PROPERTY

All content included on this Website is the property of SON SOUND and is protected by South African and international copyright laws.

28. BREACH

Should the Customer breach any of these T&Cs, SON SOUND reserves the right to cancel any rental bookings, orders and a Customer’s website registration, notwithstanding the right to exercise other legal remedies available to SON SOUND.

29. APPLICABLE LAW

These Terms are governed by the laws of the Republic of South Africa.