Terms and Conditions

Who you are contracting a sale with:
www.upbeatmusic.co.za (the "Website") is owned and operated by Joseph Michael Leuw as a sole trader.

Visitors to the Website ("Users" or "you"), including those Users who purchase any products on the Website ("Purchasers") are bound by these terms and conditions ("T&C"). If you do not agree to these T&C, do not continue to use the Website. Your continued use of the Website will constitute acceptance of the T&C, unmodified by you.

Privacy:
Personal and credit card or bank details supplied to Upbeat as a part of an order shall be placed with us in a secure and safe environment. The details so provided will never be passed or sold to others.

Stock availability:
Stocks of all goods on offer are limited. Upbeat shall take all reasonable efforts to ensure that when stock is no longer available, that offers thereof are suspended or discontinued. However, should items still be offered after stocks are sold out and Upbeat is unable to fulfil the orders placed at advertised prices, Upbeat shall only be liable to refund the amount paid by you for such product, on such terms and conditions set out in detail in the Refund Policy.

Placing a product in a shopping basket without completing the purchase cycle does not:

  • constitute an agreement of sale; and/or
  • constitute an order for such product,


and as such, Upbeat may remove such product from the shopping basket if no stock is available and you cannot hold Upbeat liable if such product is not available when the purchase cycle is completed at a later stage.

An agreement of sale only comes into effect if and when:

you electronically submit a properly completed order for one or more products in your shopping basket; and
payment is either authorised or received by Upbeat in its bank account.

 

Termination of Sales & Cancellation of Orders

By Upbeat:
We reserve the right, whether for purposes of preventing suspected fraud or otherwise, to refuse to accept, or process payment on, any order and/or to cancel any sale concluded between you and Upbeat, in whole or in part, without giving any reasons. We shall only be liable to refund monies already paid by you and we accept no other liability which may arise as a result of such refusal to process any order/sale.

By You:
You are entitled to cancel any order/s placed or sales concluded at any time prior to packaging of the products so purchased.

Furthermore, save for certain exceptions, and subject to certain charges, the Electronic Communications and Transactions Act 25 of 2002 ("ECT Act") entitles you to cancel any sale concluded on this Website within 7 days after the date of receipt of the goods and to obtain a full purchase price refund. Please read the Refund Policy for further details in this regard.

Prices:
The price of each product is displayed with the product listing. In the event of a sale or special offer, the discounted price is displayed.

Value Added Tax:
Value added tax at the rate of 15% is charged on goods bought by South African residents. VAT is not payable on orders if both the billing and the shipping address are international.

Import Duties:
Import duties are usually payable by recipients of goods in foreign countries. Upbeat does not know what levies may be payable and cannot calculate or estimate such costs. You are responsible for determining whether any such levies are payable and, if so, the amount thereof.

Errors:
Upbeat shall take all reasonable efforts to accurately indicate prices and delivery charges. However, should products be erroneously offered at incorrect prices and/or delivery charges, we will not be obliged to sell products at such incorrect prices and/or delivery charges and shall only be liable to refund monies paid should you not wish to proceed with the purchase at the correct price and/or delivery charge.

Payment Methods
Payment for any products ordered from Upbeat must be made to Upbeat’s bank account in any one of the following ways:

Credit card payments.
At the time of placing the order, the transaction details are presented to the bank and an authorization is obtained for the amount of the order. If such authorisation is not obtained, the order will be cancelled. If authorisation is obtained, payment is only collected when the order has been packaged and the goods shipped. 

Bank deposits & Electronic Funds Transfer (EFT).
If you select the ’pay via bank deposit’ button, instructions will be given on how to deposit monies into Upbeat’s bank account and it would be subject to the following rules:

  • the exact amount must be paid;
  • the payment must be identified by supplying the order number and surname in the reference section of the deposit slip or on the electronic transfer;
  • no transfers may be made from ATM’s;
  • no cheque deposits are acceptable.;
  • no bank deposits are accepted from outside the borders of South Africa (credit cards only); and
  • your order will be cancelled if you choose to pay by bank deposit and the amount due is not paid within 3 business days.


Gift Vouchers
Physical Gift Vouchers (to the value of R25, R50, R100 and R200) can be purchased and will be delivered in the same way that our products are, either on their own or together with other products. Vouchers can be used at any time quoting the reference number on the voucher. They can be used only once. You cannot use vouchers to buy vouchers. They cannot be exchanged or redeemed for cash. Under-tendering is not allowed. No change will be given.

Age restrictions:
The onus is on you to ensure that you meet any age restrictions applicable to products ordered by you on the Website (including DVDs and Videos) and that these restrictions are observed and accordingly you indemnify Upbeat from any and all liability in this regard, including any liability arising as a result of your failure to provide accurate information in this regard when completing the Website registration process.

Regional encoding of DVDs:
Most of the DVDs available for purchase on the Website are encoded for use in region 2 or are encoded for multiple zones (region 0). DVDs encoded for other zones will be indicated as such. Please note that it is your responsibility to ensure that you purchase DVDs of the correct zone.

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