1. Introduction

1.1. The website can be accessed at www.shopacersoftware.co.za, and related mobi-sites(Website)

1.2. The website is operated by Arbalest Solutions (Pty) Ltd T/A SofServ (Trader, “We”, Us’ and Our)

1.3. These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website and by clicking on the “Create and Account” or “Sign In” buttons on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.

2. Definitions

The following terms and expressions shall have the following meanings:-

2.1. Consumer shall have the meaning assigned to it in terms of the Consumer Protection Act, 68 of 2008.

2.2. Product(s) means the software product(s) listed and described on the Site which Trader agrees to provide to you in accordance with these General Terms and Conditions.

2.3. Service(s) means the services listed and described on the Site available for provision to you in accordance with these General Terms and Condition.

3. Important Notice

3.1. These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”)

3.2. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Acer Software Store to explain it to you before you accept the Terms and Conditions or continue using the Website.

3.3. Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict limit or avoid any right or obligation, as the case may be, created for either you or Acer Software Store in terms of the CPA.

3.4. Acer Software Store permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.

4. Registration and Use of the Website

4.1. To register as a user, you must provide a unique username and password and provide certain information and personal details to Acer Software Store. You may use your unique username and password to access the Website in order to purchase Products and/or Services.

4.2. You agree and warrant that your username and password shall:

4.2.1. be used for personal use only.

4.2.2. not be disclosed by you to any third party.

4.3. You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.

4.4. By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.

5. Sales

5.1. Acer Software Store will indicate the acceptance of your order by delivering the Products and/or Services to you on receipt of payment. Only at that point of delivery will an agreement of sale between you and Acer Software Store come into effect (the “Sale”). This is regardless of any communication from Acer Software Store stating that your order or payment has been confirmed. Rejection of your order will be indicated by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.

5.2. Users may place orders for Products and/or Services, which Acer Software Store may accept or reject. Acceptance or Rejection of the order depends on the availability of the Products and/or Services, correctness of the information relating to the Products and/or Services (including without limitation the price) and receipt of payment or payment authorisation by Acer Software Store for the Products and/or Services.

5.3. Due to the fact that the Products and/or Services are electronic, once they have been delivered, you may not return the Products and/or Services and/or request a refund.

5.4. Placing Products and/or Services in a shopping basket without completing the purchase cycle does not constitute an order for such Products and/or Services, and as such, Products and/or Services may be removed from the shopping basket if stock is no longer available, or the price thereof might change without notice to you. You cannot hold Acer Software Store liable if such Products and/or Services are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.

5.5. You acknowledge that stock of all Products and/or Services on offer is limited, and that pricing may change at any time without notice to you. In the case of Products and/or Services for sale by Acer Software Store, Acer Software Store will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Products and/or Services are no longer available after you have placed an order, Acer Software Store will notify you and you will be entitled to a refund of any amount already paid by you for such Products and/or Services.

6. Payment

6.1. The prices displayed on the Website are the total prices quoted in the applicable currency based on the location you have selected, inclusive of taxes.

6.2. In the event of a pricing error on a Product and/or Service that you have ordered, we will notify you and await your approval of the corrected price before continuing to process your order.

6.3. We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.

6.4. Payment options are as displayed on the Website and may change from time to time.

7. Delivery

7.1. Products and/or Services are delivered electronically either via direct download or sent via e-mail. Note that Acer Software Store cannot guarantee that e-mails will be received at the same time they are sent.

7.2. We will notify you if we are unable to deliver the Products and/or Services. You may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the Products and/or Services. If you elect to cancel your order, we will reimburse you for the purchase price.

7.3. The obligation to deliver a product to you is fulfilled when we deliver the Product and/or Service as per 7.1. above. Acer Software Store is not responsible for any loss or unauthorised use of a Product and/or Service, after it has delivered the product to you.

8. Errors

8.1. Acer Software Store shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Products and/or Services on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in our Returns Policy.

9. Warranty

9.1. Acer Software Store warrants that the Products and/or Services will be in compliance with this contract, the manufacturer’s specifications and warranty terms will be in line with those supplied with the product, and the provisions of the applicable laws and / or governmental regulations on the date the contract was entered into will apply to this contract.

9.2. Furthermore, we warrant that the Products and/or Services shall be in conformance with their service description and will be performed during the applicable service period.

10. Privacy

10.1. We comply with all relevant data protection laws and will use data which could be used to identify you personally as per our Privacy Policy.

11. Changes to These Terms and Conditions

11.1. Acer Software Store may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.

11.2. Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.