In short
- You buy from Positack (Pty) Ltd, even when a supplier sends the parcel to you.
- Prices include VAT. You see the full price, with delivery, before you pay. We confirm your order when the payment reaches us.
- If you are an individual, you can cancel within 7 days of receiving your goods, for any reason. You pay only the direct cost of sending them back.
- Under the Consumer Protection Act, if a product is faulty within 6 months of delivery you choose a repair, a replacement or a refund, and we carry the risk and cost.
- Nothing in these terms takes away a right the law gives you.
1. Who sells to you
1.1 The seller. Positack (Pty) Ltd, a private company incorporated in the Republic of South Africa, registration number 2026/210756/07, VAT number 4830290369. Director: Armand Charles Moss.
1.2 Where to find us. A1 Farm Holm Hill, Beacon Bay, East London, 5241, South Africa. This is also our address for receiving legal documents. Telephone +27 83 439 4236. Email support@positack.co.za. Website https://positack.co.za.
1.3 Suppliers. Some products are sent directly by a supplier. The product page and your order show when this happens. We remain the seller, so your rights under these terms are against us.
1.4 Codes of conduct. We do not belong to a self-regulatory body and do not subscribe to an alternative dispute resolution code. Your rights to approach the bodies in clause 9 are not affected.
2. What these terms cover
2.1 Goods from the Online Store. These terms apply to goods you buy through the PosiTack Online Store. You accept them by ticking the box at checkout. We keep a record of the version you accepted and when.
2.2 The PosiTack software. Using the PosiTack platform is a separate matter, covered by the Terms of Service. Buying a device does not start a subscription.
2.3 If the documents differ. For goods bought from the Online Store, these terms apply instead of anything in the Terms of Service about hardware, including its clause 15.3. Hardware bought elsewhere is not covered by these terms.
2.4 Your legal rights. Nothing in these terms limits a right you have under the Consumer Protection Act 68 of 2008 (the CPA), the Electronic Communications and Transactions Act 25 of 2002 (the ECT Act) or any other law that cannot be waived.
3. Orders, prices and payment
3.1 Prices. Prices are in South African rand and include VAT where VAT applies. Checkout shows the full price, including delivery, before you pay. The tax invoice is available on your order page once the payment reaches us.
3.1A Discount codes. A discount code takes money off the products, not off delivery, and only one code can be used on an order. Its conditions, such as a closing date or a minimum spend, are checked at checkout. If you return a product you bought with a code, you get back what you actually paid for it. Free delivery depends on the total after the discount.
3.2 When we have an agreement. You make an offer when you choose Pay. We accept it, and the agreement is formed, when our payment provider confirms the payment to us.
3.3 Payment and security. You pay on the payment provider's own secure page. We do not see or keep your card details.
3.4 Unpaid orders. We hold the stock for 30 minutes while you pay. An order not paid by then is cancelled and the stock goes back on sale. If a payment still reaches us after that, we tell you and refund it in full.
3.5 Mistakes in a price. If a product is shown at a price that is clearly a mistake, we may cancel the order and refund you in full, as the CPA allows for an inadvertent pricing error.
3.6 If we cannot supply. If we cannot supply something you have paid for, we tell you and refund what you paid for it. Back-ordered products say so on the product page, and we confirm the date by email.
4. Delivery and collection
4.1 Courier delivery. We deliver in South Africa by tracked courier, to the address you give us. You see the price and the expected dates before you pay. Dates are the courier's estimates. Please check your address. Tell us quickly if it is wrong, because we cannot change it once a courier has been booked.
4.2 More than one parcel. An order may arrive in more than one parcel, each with its own tracking, and each priced at checkout.
4.3 Late delivery. If no date was agreed, we must deliver within 30 days of your order. If we do not, you may cancel on 7 days' written notice and we refund what you paid (ECT Act section 46).
4.4 Collection. Where collection is offered, you may collect free of charge from the address and at the hours shown at checkout, once we tell you the order is ready.
4.5 Risk. The goods are at our risk until they are delivered to you or collected by you. Please check parcels on delivery and tell us about any damage or shortage as soon as you can.
5. Cooling-off (individuals)
5.1 Your right to cancel. If you are a natural person (for example a sole proprietor), you may cancel your purchase without reason and without penalty within 7 days after you receive the goods (ECT Act section 44). Tell us by email or telephone using the details in clause 1.2, with your order number.
5.2 Sending goods back. Return the goods to the address we give you. The only charge to you is the direct cost of returning them. Please return them with their packaging and accessories where you still can.
5.3 Your refund. We refund what you paid, including the delivery charge, within 30 days after you cancel.
5.4 Exceptions. The law sets out cases where this right does not apply, in ECT Act section 42(2), such as goods made to your specifications. If one applies to a product, we tell you before you buy.
6. Faulty goods and warranty
6.1 Who the CPA protects. Clauses 6.2 to 6.4 apply if the CPA applies to you: a natural person, or a juristic person whose asset value or annual turnover is below the threshold the Minister has set (currently R2 million).
6.2 Six-month warranty. Goods must be safe, in good working order, free of defects, useful for their normal purpose, and last a reasonable time. If they are not, within 6 months after delivery you may return them at our risk and expense, and you choose whether we repair them, replace them or refund you (CPA sections 55 and 56). This does not cover damage caused by misuse, or by using a device outside the conditions its maker sets.
6.3 If a repair does not last. If the same fault, or a further fault, appears within 3 months after a repair, we replace the goods or refund you (CPA section 56(3)).
6.4 A purpose you told us about. If you told us the particular purpose you needed a product for and it does not suit that purpose, you may return it within 10 business days after delivery for a refund, at our risk and expense (CPA section 20).
6.5 The maker's warranty. Any warranty from the maker, as stated on the product page or in the box, is in addition to these rights. We help you claim on it.
6.6 Business customers. If the CPA does not apply to you, you have the maker's warranty, the protection the common law gives a buyer against hidden defects, and any return stated in the Delivery and returns policy.
6.7 How to claim. Email support@positack.co.za or telephone +27 83 439 4236 with your order number and what is wrong. We arrange and pay for the courier for a faulty product, and we refund you the way you paid, or by bank transfer if that is not possible.
7. Other returns
7.1 Changing your mind. After the cooling-off period we accept other returns as set out in our Delivery and returns policy. That policy adds to your rights in sections 5 and 6, and does not reduce them.
7.2 Subscriptions. The Refund and Cancellation Policy is about PosiTack subscriptions, not goods from the Online Store.
8. Your personal information
8.1 What we share. We use your name, contact details and address to fulfil your order. We share only what each needs with the courier, the payment provider and, for a parcel it sends, the supplier. Our Privacy Policy explains how we protect your information and how to ask for a copy or for it to be deleted, subject to what the law requires us to keep.
8.2 Back-in-stock emails. If you ask us to tell you when a product is back, we keep your email address only for that. We send one email and then delete your request, or delete it after 90 days if the product does not come back.
8.3 Your order link. The link to your order stops showing your contact details and address 90 days after the order ends. You may ask us to erase your details sooner. The tax invoice is kept for as long as tax law requires.
9. Complaints and the law that applies
9.1 Tell us first. Please contact support@positack.co.za so we can try to put things right.
9.2 Outside help. You may also approach the Consumer Goods and Services Ombud, the National Consumer Commission, the National Consumer Tribunal or a court.
9.3 Law. South African law applies to these terms.
9.4 Changes. We may change these terms for future orders. The version you accepted at checkout continues to apply to your order.
