Terms & Conditions

1. WEBSITE TERMS AND CONDITIONS OF USE

   1.1 This document sets out the terms and conditions (“Terms and Conditions”) of Tuning Fork (Pty) Ltd t/a Balanced Audio with registration number 2010/001048/07 (“Balanced Audio”) governing the access and use of the information, products, services, ordering, sale and delivery of Products and in general the use of and functions provided on balanced-audio.co.za (“Website”).

   1.2 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 in addition to clicking on the “Register Now” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.

   1.3 Should any person that accesses the Website you disagree with any of the Terms and Conditions, you must refrain from accessing the Website and/or using our services.

   1.4 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. You must obtain your parents’ or legal guardians’ advance authorisation, permission and consent to be bound by these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions before purchasing any products or services.

   1.5 Balanced Audio 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.

   1.6 Balanced Audio reserves the right, in its sole discretion, to amend and/or replace any of, or the whole of, the Terms and Conditions. Such amendments shall supersede and replace any previous Terms and Conditions and shall be made available on the Website. Each time a user accesses the Website and/or uses the services, the user shall be deemed to have consented, by such access and/or use, to the Terms and Conditions, as amended and/or replaced by Balanced Audio from time to time. If you are not satisfied with the amended Terms and Conditions, you should refrain from using the Website.

   1.7 If there is anything in these Terms and Conditions that you do not understand then please contact us as soon as possible. Our contact details are available in clause 18 below. Please note that calls to us may be monitored for training, security and quality assurance purposes.

2.1 Only registered users may order Products on the Website.

2.2 To register as a user, you must provide a unique username and password and provide certain information and personal details to Balanced Audio. You will need to use your unique username and password to access the Website in order to purchase Products.

2.3 You agree and warrant that your username and password shall:

2.3.1 be used for personal use only; and

2.3.2 not be disclosed by you to any third party.

2.4 For security purposes you agree to enter the correct username and password whenever you order products, failing which access to purchase products on the Website will be denied.

2.5 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.

2.6 You agree to notify Balanced Audio immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.

3.1 The Website enables you to shop online for an extensive range of products including music, audio, marine, various accessories, electronics, power products, motorcycles, and more (“Products”).

3.2 Balanced Audio reserves the right to make improvements, to change or to discontinue, without notice, any aspect or feature of the Website and any information or content on the Website

3.3 Balanced Audio reserves the right to change and amend the products, prices and rates quoted on this Website from time to time without notice.

3.4 Balanced Audio may use the services of third parties to provide information on the Website. Balanced Audio has no control over this information and makes no representations or warranties of any nature as to its accuracy, appropriateness or correctness. The user agrees that such information is provided “as is” and that Balanced Audio and its online partners shall not be liable for any losses or damages that may arise from the user’s reliance on it, howsoever these may arise.

3.5 Balanced Audio makes no representations or warranties, whether express or implied, as to the accuracy, completeness or reliability of any information, data and/or content on the Website, including without limitation:

3.5.1 Balanced Audio does not warrant that the Website or information or downloads shall be error-free or that they shall meet any particular criteria of performance or quality;

3.5.2 whilst Balanced Audio has taken reasonable measures to ensure the integrity of the Website and its contents, no warranty, whether express or implied, is given that any files, downloads or applications available via this Website are free of viruses, or any other data or code which has the ability to corrupt, damage or affect the operation of the user’s system; and

3.5.3 whilst Balanced Audio has taken reasonable measures to ensure that the content of the Website is accurate and complete, Balanced Audio makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by Balanced Audio’s representatives, Balanced Audio shall not be bound thereby.

4.1 Balanced Audio may provide links to third party websites on the Website. These links are provided to the user for convenience purposes only and Balanced Audio does not endorse, nor does the inclusion of any link imply Balanced Audio's endorsement of, such websites, their owners, licensees or administrators or such websites’ content or security practices and operations.

4.2 While Balanced Audio tries to provide links only to reputable websites or online partners, Balanced Audio cannot accept responsibility or liability for the information provided on other websites. Linked websites or pages are not under, nor subject to, the control of Balanced Audio. Balanced Audio is not responsible for and gives no warranties or makes any representations in respect of the privacy policies or practices of linked or any third party or advertised websites on the Website.

4.3 You agree that Balanced Audio shall not be held liable, directly or indirectly, in any way for the content, the use or inability to use or access any linked website or any link(s) contained in a linked website, nor for any loss or damage of any sort incurred as a result of any dealings with, or as the result of the presence of such third party linked websites on the Website. Any dealings that you may have with any linked websites, including advertisers, found on the Website, are solely between you and the third party website.

The user hereby agrees that it shall not itself, nor through a third party:

5.1 copy (other than for backup, archival or disaster recovery purposes), reproduce, translate, adapt, vary, modify, lease, licence, sub-licence, encumber or in any other way deal with any part of the Website for any reason and in any manner, unless it is consistent with the intent and purpose of these Terms;

5.2 decompile, disassemble or reverse engineer any portion of the Website;

5.3 write and/or develop any derivative of the Website or any other software program based on the Website;

5.4 modify or enhance the Website. In the event of a user effecting any modifications or enhancements to the Website in breach of this clause, such modifications and enhancements shall be the property of Balanced Audio;

5.5 remove any identification, trademark, copyright or other notices from the Website; and/or

5.6 post or transmit, by means of reviews, comments, suggestions, ideas, questions or other information through the Website, any content which is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually-explicit, profane or hateful, or racially, ethnically or otherwise objectionable content of any kind.

8.1 The user’s use of this website and the information contained on the website is entirely at the user’s own risk and the user assumes full responsibility and risk of loss resulting from the use thereof.

8.2 The transmission of information via the internet, including without limitation e-mail, is susceptible to monitoring and interception. The user bears all risk of transmitting information in this manner. Under no circumstances shall Balanced Audio be liable for any loss, harm, or damage suffered by the user as a result thereof. Balanced Audio reserves the right to request independent verification of any information transmitted via e-mail and the user consents to such verification should Balanced Audio deem it necessary.

8.3 To the extent permissible by law:

8.3.1 Neither Balanced Audio, its affiliates, shareholders, agents, consultants or employees shall be liable for any damages whatsoever, including without limitation any direct, indirect, special, incidental, consequential or punitive damages, howsoever arising (whether in an action arising out of contract, statute, delict or otherwise) related to the use of, or the inability to access or use the content of the website or any functionality thereof, or the information contained on the website, or of any linked website, even if Balanced Audio knows or should reasonably have known or is expressly advised thereof.

8.3.2 The liability of Balanced Audio for faulty execution of the website as well as all damages suffered by the user, whether direct or indirect, as a result of the malfunctioning of the website shall be limited to Balanced Audio rectifying the malfunction, within a reasonable time and free of charge, provided that Balanced Audio is notified immediately of the damage or faulty execution of the website. This liability shall fall away and be expressly excluded if the user attempts to correct or allows third parties to correct or attempt to correct the website without the prior written approval of Balanced Audio. However in no event shall Balanced Audio be liable to the user for loss of profits or for special, incidental, consequential or punitive losses or damages arising out of or in connection with the website or its use or the delivery, installation, servicing, performance or use of it in combination with other computer software.

8.3.3 You hereby unconditionally and irrevocably indemnify Balanced Audio and agree to hold Balanced Audio free from all loss, damages, claims and/or costs, of whatsoever nature suffered or incurred by Balanced Audio or instituted against Balanced Audio as a direct or indirect result of:

8.3.3.1 your use of the website and/or any linked third party website;

8.3.3.2 software, programs and support services supplied by, obtained by or modified by you or any third party without the consent or knowledge of Balanced Audio;

8.3.3.3 your failure to comply with any of the terms or any other requirements which Balanced Audio may impose from time to time;

8.3.3.4 the actions or requirements of any telecommunications authority or a supplier of telecommunications services or software; or

8.3.3.5 any unavailability of, or interruption in, the service which is beyond the control of Balanced Audio.

8.4 Balanced Audio makes no warranty or representation as to the availability, accuracy or completeness of the content of the website. You expressly waive and renounce all your rights of whatever nature that you may have against Balanced Audio for any LOSS suffered by you, as a result of information supplied by Balanced Audio being incorrect, incomplete or inaccurate.

9.1 Balanced Audio takes your privacy seriously and is committed to protecting your personal information. We use the personal information that we collect from you in accordance with the Balanced Audio Privacy Policy.

9.2 Balanced Audio respects your privacy and is committed to protect your privacy with a view to offer the best and most enriching experience to you for both in-store purchases and purchases on our website. The processing of your personal information is done in accordance with our Privacy Policy.

9.3 You expressly consent to us collecting and processing your personal information when registering on this Website and using our services.

10.1 This Website makes use of “cookies” to automatically collect information and data through the standard operation of the Internet servers. “Cookies” are small text files a website can use (and which we may use) to recognise repeat users, facilitate the user’s on-going access to and use of a website and allow a website to track usage behaviour and compile aggregate data that will allow the website operator to improve the functionality of the website and its content, and to display more focused advertising to a user by way of third party tools. The type of information collected by cookies is not used to personally identify you. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature. Please note that cookies may be necessary to provide you with certain features available on our Website, and thus if you disable the cookies on your browser you may not be able to use those features, and your access to our Website will therefore be limited. If you do not disable “cookies”, you are deemed to consent to our use of any personal information collected using those cookies, subject to the provisions of this clause.

10.2 To opt out of cookies, kindly activate the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of the Website.

10.3 Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control.

1. INTRODUCTION

1.1  Thank you for your purchase and for considering Tuning Fork Proprietary Limited with registration number 2010/001048/07 ("Balanced Audio" and/or "the Company"). We trust that you are happy with your purchase.

1.2 As a valued customer, we shall at all times provide you with the best customer service and ensure that all your rights in terms of the Consumer Protection Act 68 of 2008 ("the CPA") together with any other applicable laws are protected. However, if you are not completely satisfied with your purchase for any reason, you may return the product to us and we will either repair/replace it or credit your account subject to the terms set out below. This policy applies to products bought from Balanced Audio.

1.3 This policy forms part of the Balanced Audio Terms and Conditions and the words defined in the Terms and Conditions have the same meaning in this policy unless the context indicates otherwise. This policy applies to all goods purchased online.

2. REQUEST FOR RETURN 

As a valued customer you may lodge a request for return by detailing your request together with any supporting documentation or images onto the Returns page on our website relating to your profile and your order history. Once your information is captured and saved on the  Returns page and logged against your order, one of our duly trained agents will contact you to in order to discuss the reason for your request and guide you in terms of the returns process.

3. YOUR RIGHT TO RETURN GOODS

3.1 In terms of the CPA, you may return goods to us at no charge, subject to the following –

3.1.1 you have the original receipt of purchase;

3.1.2 the goods are contained in its original packaging and condition, undamaged with all seals intact with no missing parts and/or accessories;

3.1.3 you lodge a return within 30 days of purchase and collection or delivery to you. If not within 30 days, you may only return a product if it is defective within 6 months of purchase and collection or delivery to you.

3.2 Depending on the product, you will be required to deliver the purchased goods to us, or our couriers will collect the products from you at a charge. In the event, that the goods are not packaged properly for transport, our couriers are entitled to refuse collection.

3.3 In terms of section 20(6) the CPA, we are entitled to charge a reasonable handling fee for any goods not in their original packing and where –

3.3.1 the goods were used whilst in your possession; and

3.3.2 the goods were consumed or depleted whilst in your possession.

4. THE COOLING-OFF PERIOD 

4.1 In terms of section 16 of the CPA read with section 44 of the Electronic Communications and Transactions Act 25 of 2002 ("ECTA"), you as a consumer have the right to cancel any agreement or transaction with us for purchase goods within 7 (seven) days of the purchase of such goods. We may charge a fee for any costs incurred by us for arranging collection of such goods.

5. REFUNDS

Once we have inspected the returned goods and validated your return, we will refund you by way of an EFT into the bank account linked to the banking details provided during the sale process. To process the refund, we require a copy of your South African ID and a stamped bank confirmation letter not older than 3 months for verification purposes. Please allow 3–7 working days for the refund to be processed once all required documentation has been received and approved.

6. INCORRECT OR DAMAGED ITEMS AT DELIVERY

In the event of goods delivered to you being incorrect, kindly lodge a query on our  Returns page on our website, through your profile, to allow us to arrange for collection of the incorrect goods at no charge to you. All the accessories or parts of the incorrect order must be returned. Once collected, we will then assess the incorrect goods dispatched and once satisfied, we will deliver the correct goods purchased, if such correct product is available, if not, we will refund you with the purchase price of the goods in the same manner in which it was purchased.

7. GOODS NOT ELIGIBLE FOR RETURN

7.1 The following goods are not eligible for return –

7.1.1 goods purchased by way of an agreement or customized between you and Balance Audio, unless defective; and

7.1.2 goods which have been personally modified, unless defective before modification and less costs necessitated by the modification.

7.1.3 all products purchased ‘on sale’; at ‘discount’; at ‘special offer’

8. DEFECTIVE GOODS

8.1 We endeavour to ensure that all the goods we deliver to you are of high quality and free of defects, whether patent or latent.

8.2 If within the first 6 months of the purchase of the good/s, it transpires that that the goods are unsafe or have a manufacturing defect, Balanced Audio will repair, replace or refund you. The good/s must be returned by lodging a request on the Website Returns page via your profile. The collection will be charged at the going rate in your area and will depend on product specifications. Upon collection of the good/s, Balanced Audio reserves the right to refer the returned good/s for technical assessment by the manufacturer or authorized service centre prior to repairing, replacing or refunding.

8.3 The right to claim return of defective goods does not apply if the cause of the defect arises from –

8.3.1 damage arising from normal wear and tear;

8.3.2 damage arising from your negligence and incorrect usage of the product;

8.3.3 accidental damage;

8.3.4 damages arising from lightning, power surges or sea air corrosion;

8.3.5 goods used contrary to the user manuals and for the purpose generally intended;

8.3.6 damage arising from the failure to adequately care for the good/s; and

8.3.7 damage arising from personal modifications to the good/s.

8.4 If the goods show a defect after the initial 6 month period, but still within the warranty period, Balanced Audio will send the goods for repair. Balanced Audio will assess and use its sole discretion whether you have a valid claim and, if so, whether they will repair or replace.

8.5 If you fail to return all the items and accessories of a defective good, we are entitled (subject to the CPA and other applicable law) to refuse the return and to only replace the item you returned. We may also estimate the value of the missing accessories and only refund you to the value of the returned item.

8.6 In the event that you return a defective product which does not comply with this policy, Balanced Audio may hold you liable for reimbursement for the costs incurred for collecting the product and having it returned to you.

9. MISCELLANEOUS 

9.1. For all online purchases, cash on delivery is not a method of payment. All delivery charges are included in the advertised price of the item.

9.2 Assessments and repairs vary based on the nature of the goods purchased. Whilst we endeavour to ensure that assessment and repairs are dealt with as expeditious as  possible, there is no "once size fits all" approach. As such, assessment and repairs may take a reasonable period of time to complete depending on the nature of the goods purchased. In the event that assessments and repairs take longer than a reasonable period of time, which may be up to 6 months, you will either get a replacement of the same/similar model or get a full refund. This provision does not apply to goods falling outside the initial 6 month period.

9.3 This Returns policy may be updated from time to time without notice to you. It is your responsibility to keep updated with the latest Returns policy.

9.4 Any complaints in terms of this Returns policy must be directed to complaints@balanced-audio.co.za

10. LOCAL SHIPPING & DELIVERY (South Africa)

Major Cities & Metropolitan Areas

Delivery to major cities and metropolitan areas within South Africa typically will be within:

• 2–4 business days

This includes areas such as:

• Johannesburg
• Pretoria
• Cape Town
• Durban
• Bloemfontein
• Gqeberha/Port Elizabeth
• George
• East London
• Polokwane (Pietersburg)
• Mbombela (Nelspruit)
• Kimberley

Delivery to regional, remote, or outlying areas will be within:

• 3–7 business days

Certain remote locations may experience additional delays depending on courier accessibility.

11. ORDER PROCESSING & WEEKEND CUT-OFF

Orders are processed Monday to Friday, excluding weekends and public holidays.

Orders placed and processed by 15:00 daily will be dispatched that same day. Orders placed or processed after 15:00 will be dispatched the next working day.

Orders placed after 16:00 on a Friday, or anytime during the weekend, will only begin processing on the next working day (Monday morning, or the next business day if Monday is a public holiday).

Processing times will only start once payment has been confirmed and the order has been queued for fulfilment.