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  1. The customer agrees that:
    1. this contract represents the entire contract between the customer and Pixie IT (Pty) Ltd (hereinafter referred to as Pixie IT) and that no alterations or additions to this contract may be affected unless agreed to by both parties, reduced to writing and signed by the customer and a duly authorized representative of Pixie IT;
    2. that this agreement will govern all future contractual relationships between the parties; and
    3. is applicable to all existing debts between the parties and
  2. The Customer hereby acknowledges that he/she has read and understood each term of this agreement and accepts them as binding.
  3. Payment by cheque will only be accepted if
    1. the Customer is an Approved Customer; or
    2. the payment cheque is guaranteed by the Customer’s bankers.
  4. Post dated cheques will not be accepted as payment unless prior approval has been granted by management of Pixie IT and the customer guarantees that under no circumstances will any cheque be stopped.
  5. In the event that payment to Pixie IT has been made in the form of a cheque, goods will only be released for collection / delivery purposes once Pixie IT’s bankers have confirmed that the funds are available as cash and cleared.
  6. Should a payment cheque be referred / returned for any reason whatsoever, Pixie IT reserves the right without prejudice to any of its other rights to:
    1. Recover the goods at the Customer’s expense;
    2. Add bank charges to the next purchase;
    3. Insist on cash payments on all future purchases;
    4. Negate the warranty on purchased goods until paid for in full.
  7. In the event that payment to Pixie IT has been made in the form of a direct bank deposit or transfer, goods will only be released for collection / delivery purposes once Pixie IT’s bankers have confirmed that the funds are available as cash and cleared.
  8. The granting or credit, will be determined by management, Pixie IT reserves the right at its sole discretion to terminate Customer credit facilities for any reason whatsoever at any time without prior notice to the Customer.
  9. The Customer agrees that interest shall be payable on any monies due to Pixie IT at the maximum legal interest rate prescribed in terms of the Usury Act, from the date they fall due. In the case of late payment interest shall be calculated from the date of delivery.
  10. Accountship of all goods supplied remains vested in Pixie IT until payment in full.
  11. The Customer has no right to withhold payment for any reason whatsoever.
  12. Pixie IT will not be liable for any loss of profit or any damage, direct or indirect, consequential or otherwise sustained by the Customer and whether or not caused by the negligence of Pixie IT, its sub-contractors, its agents or employees.
  13. The price of all goods supplied by Pixie IT excludes packaging and forwarding costs. Under no circumstances will goods be released for forwarding purposes until all shipping and packaging costs are settled in full.
  14. The return of goods for credit will be accepted solely at the discretion of Pixie IT and then only if the goods are returned within seven (7) calendar days of purchase and the goods are returned in their original, undamaged packaging and are not defective in any manner whatsoever. In the event of Pixie IT agreeing to pass a credit, the amount to be credited to the Customer will be the CURRENT PRICE as per the day of return OR the ORIGINAL PRICE PAID – whichever is the lesser of the two. Pixie IT reserves the right to levy handling charges (minimum 10%) depending on the condition of the returned goods. Credit card purchases will automatically attract a 5% handling fee if credited.
  15. Products are not guaranteed against failure as a result of power surges. Acts of GOD such as lightning, physical damage, including, but not limited to dents, scratches, missing components, bent or broken connecting pins and burn marks. Pixie IT reserves the right to thoroughly examine any product returned prior to rendering warranty service and in particular those products returned with burn marks, including, but not limited to UPS, Power Supply, Modem and CPU products to verify if the units malfunction is a result of a power surge / lightning strike or in the case or CPU’s, operation without a thermal device or Overclocking.
  16. Payment of the full purchase price of the goods is to be within thirty (30) days from date of purchase regardless whether or not an invoice has been received by the Customer. Unless management of Pixie IT have authorized in writing a longer credit period, all accounts not settled after the thirty (30) day period has elapsed will automatically attract interest as discussed in point 9 hereof.
  17. Orders not collected from our premises within forty eight (48) hours of the order being completed and invoiced will automatically be cancelled and returned to inventory. Orders that are to be shipped to Customers, not paid for within forty eight (48) hours of the order being confirmed with Pixie IT, will also be automatically cancelled. All cancelled orders
  18. Pixie IT reserves the right to levy handling charges (minimum 10%) to all canceled orders. This includes orders returned to stores, due to non collection or non payment, and those canceled by customers. Payments made will be credited to the customer account; all Credit card purchases will automatically attract a 5% handling fee if credited.
  19. In the event of goods that are defective, the rights of the Customer are limited to the factory guarantee of the goods supplied. To be valid, guarantee claims must be supported by the original Tax Invoice and the undamaged packaging of the good. All guarantees are immediately null and void should any equipment be tampered with or should the seals on the equipment be broken by anyone other than Pixie IT. Under no circumstances will Pixie IT be liable for any damage arising from misuse or abuse of the goods.
  20. Liability under clause 19 is restricted to the cost of repair or replacement of faulty goods or services or granting of a credit at the sole discretion of Pixie IT. It is the duty of the Customer to return any defective goods to the premises of Pixie IT at the Customer’s own cost.
  21. Defective items returned under RMA via courier or postal services to Pixie IT will only be accepted if a legal fault report is included and a valid Pixie IT issued RMA number is quoted.
  22. Removal of the Pixie IT marked warranty sticker will immediately render the product warranty null and void.
  23. The Customer hereby agrees that any item handed in for repair may be sold by Pixie IT to defray the cost of such repairs should the item remain uncollected within thirty (30) days of the Customer being notified that the repair has been completed.
  24. All quotes will only be valid id in writing and duly signed by Pixie IT and will remain valid for a period of seven (7) days from the date of the quote.
  25. In the event that between the date of product costing and acceptance of the order, increases occur in the cost to Pixie IT of the goods or of material, custom or import duties, value added or similar taxes or other levies of any type, road or rail transportation rates, postage, labour costs, any variation in rates of exchange, insurance, or any other increase in the costs of the goods, material, commodities or services beyond Pixie IT’s control, the order prices shall be increased accordingly without notice. A written statement by a director of Pixie IT shall be conclusive proof of any such increases and shall be final and binding upon the Customer.
  26. The Customer agrees to the standard rates of Pixie IT for any goods or services rendered, which rates may be obtained on request. Rates are subject to change without prior notice.
  27. The risk of damage or destruction or theft of goods passes to the Customer on conclusion of the agreement of sale.
  28. For the purpose of all or any proceedings herein, the Customer consents to the jurisdiction of the Magistrate’s Court having jurisdiction under Section 28 of the Magistrate’s Court Act of 1944, as amended, notwithstanding that the amount in dispute exceeds the jurisdiction of such Court. Notwithstanding the foregoing, Pixie IT shall have the right, at its sole option and discretion to:
    1. Institute proceedings in any other component Court which might otherwise have jurisdiction; alternatively
    2. At its sole and absolute discretion submit the matter to arbitration by giving the customer ten (10) days written notice of its election to do so, in which event the matter shall be determined before an Arbitrator appointed by the Chairman of the Johannesburg Bar Council whose decision shall be final and binding upon the parties.
  29. Should the Customer fail to make payment to Pixie IT on due date or fail to honour any of its obligations in terms hereof on due date, or should a judgment be granted against the Customer or should the Customer’s estate be liquidated / sequestrated / placed under judicial management, provisionally of finally, or should the Customer propose an offer of compromise or offer of compromise to its creditors, or if in the case of the Customer being a close corporation or company, should its member/s or shareholder’s wind-up the Customer, whether provisionally or finally, Pixie IT shall be entitled, without prejudice to its other rights in terms hereof or at law to:
    1. Terminate this contract without notice whereupon Pixie IT shall not be obligated to deliver any further goods to the Customer and the Customer shall be obligated forthwith, without notice, to make payment to Pixie IT for all goods already delivered to the Customer pursuant hereto or, in the discretion of the seller to return such goods to the Seller; or
    2. Obtain payment from the Customer of the full amount owing by the Customer to Pixie IT in terms hereof and from whatsoever other causes arising notwithstanding that the due date for payment thereof would not otherwise have arrived, in which event Pixie IT shall be entitled to withhold delivery of the goods subject to payment of all such amounts having been made; and
    3. in either of such events mentioned in (a) and (b) Pixie IT shall incur no liability to the Customer for damages and the Customer shall be liable to Pixie IT for such damages as Pixie IT may have suffered by reason of the Customer’s breach and / or the exercise of Pixie IT’s rights aforesaid.
  30. In the event of Pixie IT instructing its Attorneys to recover money or goods from the Customer, the Customer agrees to be liable for and shall pay to Pixie IT and / or its Attorneys, all legal costs incurred by Pixie IT on the Attorney and own client scale, including Attorneys charges in respect of collection commission and any company search, deeds office search and tracing agent’s charges which may be incurred.
  31. The Customer hereby chooses as its Domicilium citandi et executandi their physical address reflected on the face hereof. All notices and processes arising out of or in connection with this agreement may be served on them at this address. The Customer is obligated to notify Pixie IT in writing of any change of their address within seven (7) days of such change of address, whereafter such new address shall become the Customer’s domicilium.
  32. SURETY
    I / We the undersigned by my / our signatures hereto do hereby interpose and bind myself / ourselves as sureties and co-principle debtors in solidum, in favour of Pixie IT for the due performance of all obligations of the Customer. I / We renounce the benefits of the legal exceptions cession of action, non causa debiti, excussion, division, no value received and revision of accounts with the full force, meaning and effect whereof I / we declare myself / ourselves to be fully acquainted. We agree to be bound to the conditions contained herein in respect of jurisdiction, payment of attorney and client charges and choose as our domicilium address the address of the Customer.
    1. I / We hereby irrevocably cede, assign and transfer, make over unto and in favour of Pixie IT, all the Customer’s right, title and interest in and to its claims against its debtors, both present and future and from whatsoever cause arising, as security for all amounts which the Customer may now or at any time in the future owe to the Customer.
    2. I / We and the Customer irrevocably and in rem suam authorise Pixie IT in its absolute discretion to claim from all or any of our debtors the whole or any portion of the indebtedness, of any or more of them, to give a valid receipt or discharge of such indebtedness to take any action in the Customer’s name in any Court of competent jurisdiction and to proceed in execution thereunder against all or any of the said debtors, to cede, transfer, negotiate, pledge or otherwise deal with all or any of the said debtors, to exchange promissory notes, cheques, agreements, documents of title or any other security bond by the Customer.
    3. The security created by the cession shall be a continuing one, notwithstanding any fluctuation in the amount of the indebtedness of the Customer to Pixie IT.
    4. The Customer hereby undertakes on demand to furnish Pixie IT with such information concerning its debtors as may reasonably be required to enable Pixie IT to give effect to the provisions above.
Copyright 2006 Pixie IT
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