Vire Terms & Conditions
1.1. Vire and the associated Vire website (http://www.vire.co.za) is operated and owned by NetRobot (PTY) Ltd, registration number 2016/386439/07 (hereinafter referred to as “Vire”).
1.2. Use of this website is governed by these terms and conditions for users and visitors. Visitors (hereafter referred to as “Users”) of this website, including those users who request quotations from this website, are bound by these terms and conditions whilst using the website.
1.3. By submitting a quotation request and using the Vire website (where applicable), users agree that they have read, understood and agree to these terms and conditions, and understand that they are binding and enforceable.
2. Important Notices of the terms and conditions for the Vire website
2.1. These terms and conditions apply to all website users who are consumers for purposes of the Consumer Protection Act. 68 of 2008 (hereafter referred to as the CPA).
2.2. If there are any provisions in these terms and conditions that are not understood by the user, it is the responsibility of the user to contact Vire to clarify these provisions before the terms and conditions are accepted. Vire will not be held liable for any misunderstandings or misconceptions that a user might have about these terms and conditions.
2.3. These terms and conditions do not intend to unlawfully restrict, limit or obscure any rights or obligations and has been created to adhere to the stipulations set out by the CPA.
3. Terms and conditions for requesting quotations from and using the Vire website
3.1 Quotation requests can be sent by any users of the Vire website.
3.2 Quotation requests require a valid email address, which will be used to contact and deliver the quotation to the requester.
3.3 Quotation requests will require the following information from the requester:
3.3.1 First and last name of the contact person
3.3.2 Valid email address of the contact person
3.4 Quotation requests make provision for optional information fields from the requester in forder to contextualize the quotation. The following fields are made available:
3.4.1 Valid daytime telephone number of the requester or the company contact number that the request was made for
3.4.2 Company name that the request was made for
3.4.3 VAT Number for the company that the request was made for. This enables Vire to confirm that the company is registered and streamlines the quotation and invoicing process
3.4.4 Physical address and Postal Code of the requestor or the company that the request was made for. This information streamlines the shipping estimation process for quotations and will be used as the daytime delivery address on the quotation.
3.5 Quotations requests can also be made using any of the following details:
3.5.1 sending an email to email@example.com with the information outlined in Clause 3.3 and the product name and/or Stock Keeping Unit (SKU)
3.5.2 placing a call to the Vire telephone number (012-460-8305) with the Information outlined in Clause 3.3 and the product name and/or Stock Keeping Unit (SKU)
3.6 Quotations requests will be answered as soon as possible by the Vire sales team. Vire reserves the right to delay quotation requests in cases where:
3.6.1 Vire receives a delayed response from suppliers or distributors
3.6.2 delays in response to exchange rate variations
3.6.3 delays in response to shipping and import information
3.7 Quotation requests sends the user information outlined in clauses 3.3 and the information of the product in question directly to Vires sales team. A version of the quote request is also sent to the email address provided by the requester. This version of the quote request does not serve as an official quotation and exists only for notification purposes.
3.8. By accepting the terms and conditions associated with this website, you agree that you are 18 years or older and of full legal capacity. If you are under the age of 18 and not legally permitted to enter into a binding agreement, a parent or legal guardian has to consent to your use of and supervise your activity on the Vire website, which binds the parent or legal guardian to the terms and conditions of this website.
3.9 By accepting the terms and conditions associated with this website, you agree to not use any device, software or instrument to interfere or attempt to interfere with the normal workings and/or operations of the website or functionality thereof.
3.10 You agree to not use any form of robot, crawler or spider to monitor, modify, copy or distribute any of the information contained on the Vire website.
3.11. You agree to not use any part of this website to distribute, create or promote any material that is defamatory, unlawful, offensive or contains hate speech of any kind.
3.12. You agree to not use any of the information contained in this website in any way or form without prior written consent from an administrator of the website.
4. Terms and Conditions of quotations
4.1. Vire works with various suppliers and intermediaries and are subject to exchange rate fluctuations and other variable costs. Therefore, to get the most accurate prices and availability for certain goods, a quotation will need to be generated. Vire provides the functionality to get a quotation for products directly from the website or via an email or phone call to Vire’s contact center. These contact details can be found on the Contact Us web page.
4.2. Quotations and all the information contained therein are valid for 7 business days. If a quotation’s date exceeds that of the validity period, a new quotation will need to be processed.
4.3. Vire reserves the right to revoke the quotation at any time.
4.4. To accept a quotation, a user must send confirmation that the quotation has been accepted to firstname.lastname@example.org. This can be done by:
4.4.1 signing and returning the quotation
4.4.2 written confirmation in an email
4.5. Once a quotation is accepted, an invoice for the product will be sent to you via the email address provided by the requester in the quotation process.
4.6. Orders will only be processed once full payment has been received for the invoice. Please refer to clause 13 for information on payment terms and methods.
4.7 All prices displayed on quotations are excluding Value Added Tax (VAT), except where VAT is indicated.
4.8 In some cases, quotations will carry their own terms and conditions that outline specific product details, import/export details, exchange rate variations and other information. These terms and conditions will take preference over the regular Vire terms and conditions where there is a conflict between both sets of terms and conditions.
5. Ownership and Copyright
5.1. All the information that appears on this website and all associated information repositories are under the ownership of Vire and/or associates of Vire.
5.2. You agree to not use, copy or modify any of the information owned by Vire without prior written consent by a Vire administrator.
6.1. By accepting these terms and conditions, you acknowledge and agree that the use of this website is entirely at your own risk. You also acknowledge to take full responsibility for any risk, loss or damage resulting from the use of this website or reliance on information that appears on this website.
6.2. Vire disclaims liability for any loss, liability or loss whether direct, indirect or consequential in nature in connection with your use of the Vire website. You acknowledge to agree to these terms by submitting a quote request to Vire and using the website.
6.3. While Vire takes all reasonable measures to ensure that the information listed on the website and/or functionality of the website is accurate, complete and up to date, Vire cannot warrant or guarantee (whether express or implied) as the accuracy, timeliness, quality of the information and website functionality.
6.4. Products found on the Vire website may be under warranty from the manufacturers or the suppliers to Vire, but this does under no circumstances imply that the product is under warranty from Vire or the Vire website, unless specifically noted as such.
6.5. Vire does not necessarily agree with any views or opinions that are expressed on the Vire website, social media accounts or communication platforms associated with Vire.
6.6. Vire does not take any responsibility for any damage, loss or liability caused to any area of your personal or business related property and/or assets by files or information that were obtained from the website. Although we take all reasonably precautions to ensure that the files and information on the website are (and remain) free of viruses, malware programs, spyware programs or any type of similar harmful programs, destructive materials or states, Vire cannot take responsibility for any losses incurred by downloading or acquiring files and information from the website.
6.6.1. Damages, losses and liabilities may include (but are not limited to) corruption, destruction, disruption, impedance and any other type of negative state to your computer hardware, software, network or other computer related infrastructure, instruments or devices.
7. Links to third party websites or content
7.1. Vire may contain links, references and/or other communication channel links to third party websites or third party content.
7.2. You acknowledge that Vire cannot be held liable for any loss, liability or damage suffered by you by accessing any of the third party links or references and that you access third party links and references at your own risk.
8.1. Vire will use all reasonable measures to ensure that all user-related information is protected.
8.2. By submitting a quotation request, you acknowledge that you might be required to provide Vire with the following user information:
8.2.1. Your name and surname
8.2.2. Email address
8.2.3. Physical Address
8.2.4. Delivery Address (in case it does not correspond to your physical address)
8.2.5. Contact phone numbers (work, home and cellular telephone numbers)
8.2.6. Date of Birth
8.2.7 Company details, including the name and VAT number of the company
8.3. You acknowledge that it is your responsibility to keep personal information up to date or to inform Vire of changes in personal details, so that your details can be updated.
8.4.1. You acknowledge that if you do accept cookies from the Vire website, you consent that some of your user information will be collected and used to tailor your shopping experience with us, subject to privacy terms and conditions stated in clause 8.7
8.5. You acknowledge that all personal information that you provide to Vire (required or voluntary-submitted user information) is accurate and does not falsely impersonate or misrepresent another person or affiliation with another entity.
8.6. Vire will utilize your personal information in the following ways:
8.6.1. To facilitate the quotation process and the sale of goods to you.
8.6.2. To contact you with regards to transactions made with us.
8.6.3. To contact you with promotional, corporate or functional material that you have given consent to.
8.6.4. To contact you with details relating to delivery of purchased goods.
8.6.5. To improve and tailor your shopping experience with us. This may include non-personal browsing habits, statistical information and hardware & software configurations of your browsing device.
8.7. Vire will not use any personal information that you entrust to us for any purpose (apart from the conditions listed in clause 8.6) without your express consent. We will not disclose any personal information to a third party without your consent, unless the following terms and conditions apply:
8.7.1. Vire is legally obliged to provide user information in order to comply with applicable laws, court orders or other legal processes served to the company.
8.7.2. Vire is required to disclose user information if it is necessary to protect the company and defend the property and rights of Vire.
8.8. Vire does conduct business with third parties in order to facilitate transactions and deliveries of goods purchased by you. Vire will therefore need to disclose some relevant information relating to these transactions to third parties, in order for the transaction to be successful. Vire will ensure that all personal information that is provided to these third parties are protected under strict confidentiality agreements and that the information will not be subject to any unauthorized use. See clause 8.6 for a description of the ways in which Vire will use your personal information.
8.9. In relation to the storage of personal information, Vire will:
8.9.1. Take all reasonable measures to protect and secure the information that you provide us against unauthorized access, unauthorized disclosure and damage.
8.9.2. We will treat all user-related information as strictly confidential.
8.9.3. Vire will provide you with the means to edit, update and view all personal user information through website functionality.
8.9.4. Permanently delete, destroy and return all personal information upon your request.
8.9.5. Provide you with reasonable evidence of the above-mentioned measures on reasonable notice and request.
8.10. Vire will not retain any of your personal information for a longer period of time than it is needed, unless required by law.
8.11. Vire reserves the right to disclose your personal information to law enforcement authorities in cases of fraudulent online transactions or other criminal investigations with which we are legally obligated to comply.
8.12. Vire undertakes to not sell, make available, publish or provide your personal information to any third party (excluding those third parties who are categorized under clause 8.7).
8.13. Whilst Vire will utilize every reasonable measure to safeguard your personal information, we cannot guarantee or accept any liability for unauthorized or unlawful disclosures of your personal information, whilst in our possession and/or made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.
8.14. Vire has no control over how entities use or store your personal information. Vire cannot be held liable for any loss, damage or liability suffered by you as a result of disclosing your personal information to a third party, regardless if they are linked to or referenced on the Vire website.
9. Limitation of Liability
9.1. Vire works with various suppliers and other intermediaries, and is also subject to exchange rate fluctuations and other variable costs for some of our products. Therefore, Vire cannot be held liable for any inaccurate information that might appear on the website, apart from those cases where the liability, loss or damage suffered is as of a direct result of gross negligence or willful misconduct of Vire or authorized representatives. These errors may include (but is not limited to) inaccurate prices, item availability, product descriptions and other general product information errors.
9.2. You acknowledge that your use of this website is entirely at your own risk. Vire cannot be held liable for any damage, loss or liability arising directly, indirectly, specially or consequentially from:
9.2.1. Your use of the Vire website/linked third party website.
9.2.2. Your reliance on the information or content contained on the Vire website/linked third party website.
9.2.3. Your inability to use the website/linked third party website.
9.2.4. Unlawful activity on the website/linked third party website.
9.3. You hereby indemnify Vire against any loss, liability or damage suffered by you or a third party, arising in any way from your use of this website and/or any linked third party website
10. Changes to these terms and conditions.
10.1. Vire reserves the right to make changes to these terms and conditions (or any part thereof) at its sole discretion and at any time.
10.2. You will be notified of any changes to the terms and conditions via Vire communication channels or through accessing the website.
10.3. Changes to the terms and conditions will only apply to your use of the website after the change is displayed on the website.
10.4. For continued further use of the website, the updated terms and conditions will have to be accepted.
11. Website Availability and Termination
11.1. Vire will utilize every reasonable measure to maintain the availability of the website, but is reliant on service providers for some aspects of the website to remain available and functional. Vire cannot be held liable for any loss, liability or damage caused by you or a third party as a result of website unavailability due to service provider faults, failures or service interruptions.
11.2. Vire will at times be unavailable due to scheduled maintenance. Vire reserves the right to discontinue providing the service or any part thereof with or without prior notice to you.
11.3. Vire cannot be held liable for any loss, liability or damage suffered by you or a third party as a result of not being able to access the website.
11.4. Vire will utilize every reasonable measure to ensure the website is available, but may be subject to interruptions in service that are out of our control due to environmental variables, e.g power outages.
11.5. Vire may at its discretion terminate, suspend and modify the website and any parts thereof (including functionality). You agree that Vire will not be liable to you if it chooses to terminate, suspend and modify the website or any parts thereof.
11.6. Vire reserves the right to suspend or revoke access to this website (at our sole discretion) to your user account and Internet Protocol (IP) address if you should violate these terms and conditions in any way and not remedy the violation within 7 days.
11.7. You acknowledge that you indemnify Vire of any loss, liabilities or damages suffered by you or a third party due to account suspension.
11.8. Vire can reinstate user accounts that have been suspended, provided that they meet the following conditions:
11.8.1. Remedy the violating offense that caused the suspension.
11.8.2. Evidence that the suspension was carried out in error.
11.8.3. Evidence that the suspension was carried out with no reasonable grounds to do so.
11.9. To reinstate a user account or to receive any information regarding user account suspension or reinstatement, please send an email to email@example.com.
12. Terms and conditions of sale
12.1. Users of the Vire website who have received quotations for good, may place orders for said goods as long as the goods are available and have not been sold out.
12.2. Stock of all the goods offered on the Vire website is limited. Although Vire takes all reasonable measures to ensure that stock levels are monitored and accurately reflected on the site, we cannot guarantee the availability of stock. Vire can only be held liable for goods that are in stock and available. For a more accurate stock level, please submit a quotation request.
12.3. Item availability will be confirmed at the time of purchase. Vire does not carry stock of the goods and would therefore need to confirm stock levels with our suppliers.
12.4. If an item is no longer in stock, you are entitled to either be credited or refunded for the payment made by you for the item.
12.5. An agreement of sale between you and the company will come into effect upon payment confirmation on a valid invoice. Confirmation of your order will be sent to the email address that you provide on the quotation request. Order confirmation notifications will only be sent after payment or proof of payment for the order has been received by Vire.
13.1. Vire is committed to providing convenient and secure payment facilities. For this reason, payments to Vire will not be processed through the Vire website and will rely on Electronic Funds Transfers (EFT) or Bank Deposits into the Vire bank account.
13.2. Vire is reliant on banking services to process transactions. Therefore, payment functionality is subject to the availability of these services.
13.3. Payment for goods can be made via the following payment methods:
13.3.1. Direct bank deposit or Electronic Funds Transfer (EFT). Direct deposits and EFT payments are only available for quotes obtained through the website quotation process.
13.4. The banking details of Vire will be communicated on quotations and invoices and are subject to change without prior notice. Please ensure that you confirm that the banking details for your payments are correct before processing the transaction. Vire will not be held liable for damages arising from payments being made into the incorrect bank account.
13.5. A full record of your transaction can be obtained by sending a request in an email to firstname.lastname@example.org
14. Delivery of Goods
14.1. Vire offers courier services to deliver orders via our courier partners and may in specialized cases offer self-collection facilities.
14.2. Shipping costs for the delivery of certain ordered goods are calculated on the invoice date. An estimate will be included on quotations, but will be rectified to the correct amount on the invoice date.
14.3. Vire will also include an estimated delivery date, which is provided to us by our shipping partners.
14.4. Vire will deliver to anywhere in South Africa.
14.5. If there are any problems relating to a shipment, send an email to email@example.com.
14.6. In the event of unexpected or unreasonable circumstances that prevent shipping from commencing on the stated delivery date, Vire reserves the right to delay the shipment of an order at its sole discretion.
14.7. You acknowledge Vire cannot be held liable for any loss, liability or damage caused to you or a third party resulting from your use of our shipping facility.
15.1. Vire will utilize all reasonable measures to ensure that the information relating to products, pricing, delivery charges and availability on the website is correct and accurate. However, Vire will not be liable to honor transactions for goods made with erroneous information, apart from refunding the money that you have paid for those goods.
16. Electronic Communications
16.1. By visiting the website or communicating with us over any electronic communication channel like email or social networking sites, you consent to receiving electronic communications from us. This excludes promotional or third party communications.
16.2. Vire will send out promotional material to subscribers of such material. If you do not wish to be a subscriber to these materials, please see the bottom of the materials for a link to unsubscribe from the mailing list.
17. Cancellation of Orders and Refunding
17.1 Vire conforms to the Consumer Protection Act 68 of South Africa
17.2 You may cancel an order up to five business days after a product was delivered to you from Vire. Cancellation will only be valid if the following conditions are met:
17.2.1. you undertake not to utilize the goods;
17.2.2. packaging for the goods remain intact;
17.2.3. and the goods are provided locally and have not been imported or specially ordered.
17.3. Vire will only take back goods that are unused, undamaged and still in the original, undamaged packaging.
17.4. Vire may, in its sole discretion, accept the cancellation of an order by you, on sufficient cause shown and on a case by case basis. In which event the provisions set out in this clause 17 in respect of refunds and returns will similarly apply
17.5 Orders containing items classified as 'special order items' cannot be cancelled. These items are ordered specifically for the customer from a manufacturer or distributor and has financial implications as soon as the order is placed.
17.5 If your cancellation requires a refund and is accepted as part of this refund policy, Vire will refund all funds paid to us within 15 (fifteen) business days.
17.6 All Alaris and Kodak Alaris document scanners carry a 15% handling fee in the event of a cancellation or return. This fee will cover the handling fee incurred by Vire from the distributor.
18.1. Subject to the provisions of clause 17 above, goods may be returned only when defective, damaged or if the goods supplied are not the same goods as what was ordered. If any defect in the goods are discovered within the individual good’s warranty period, this must be reported to us as soon as reasonably possible after the goods having been delivered to you and must be returned to us within the warranty period. If the Goods are not the same as what was ordered this must be reported within 24 (twenty four) hours of delivery. Any damage must also be immediately reported, within 24 (twenty four) hours of delivery.
18.2. If the goods have been approved by us in accordance with the provisions of clause 18.1 for return, we will notify you and either arrange (i) for our couriers to collect the item from you; or (ii) request that you send it back to us via courier; or (iii) ask you to return the goods to our physical location, depending on your original order’s shipping method.
18.3. If goods are sent back to us, they should be sent back in the original packaging.
18.4. Returning goods to Vire will be at your own expense, according to subsection 20 of the CPA.
18.5 All Alaris and Kodak Alaris document scanners carry a 15% handling fee in the event of a cancellation or return. This fee will cover the handling fee incurred by Vire from the distributor.
18.6. Nothing in this clause 18 or the Terms and Conditions in any way limits your rights in terms of section 56 read with section 55 of the CPA in any way.
19. Governing law and jurisdiction
19.1. These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
19.2. In the event of any dispute arising between you and the Vire, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Gauteng Division) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
19.3. Nothing in this clause 19 or the Terms and Conditions limit your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
20. Domicilium and Notices
20.1. Vire hereby elects 35 Selati Street, Ashlea Gardens, Pretoria as its address for the service of all formal notices and legal processes in connection with these terms and conditions of sale (“domicilium citandi et executandi” or “nominated address”). You hereby nominate the address on your goods order form as your nominated address.
20.2. Either party may change its nominated address to any other physical address by not less than 7 days’ notice in writing to the other party.
20.3. Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent -
20.3.1. by hand will be deemed to have been received on the date of delivery;
20.3.2. by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
20.3.3. by telefax before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the telefax. All telefaxes sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day; and
20.3.4. by email will be deemed to have been on the date indicated in the “Read Receipt” notification. All email communications between you and us must make use of the “read receipt” function to serve as proof that an email has been received.
21.1. Vire may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the website or the user’s right to use the website or any of its contents subject to us processing any orders then already made by you.
21.2. You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
21.3. Any failure on the part of you or Vire to enforce any right in terms hereof shall not constitute a waiver of that right.
21.4. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
21.5. No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
21.6. No indulgence, extension of time, relaxation or latitude which any party (“the grantor“) may show grant or allow to the other (“the grantee“) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
21.7. These Terms and Conditions contain the whole agreement between you and the Company and no other warranty or undertaking is valid, unless contained in this document between the parties