PLEASE NOTE THAT by making use of Pulse Instrument Trading (Pty) Ltd services, website, associated websites or mobile applications, you agree that you have read, understood and accepted all the terms and conditions as contained herein as well as any other terms and conditions posted on our website, including but not limited to our Website Terms and Conditions, Sellers Terms and Conditions and Privacy Policy.

PLEASE NOTE FURTHER that upon registration on this website you will be prompted to click on the “I ACCEPT” button in relation to these terms and conditions. By accepting these terms and conditions you warrant that you have read, understood and agreed to these terms and conditions and this creates a valid and binding agreement between you and Pulse.

Pulse may, at its sole discretion, make amendments to these terms and conditions from time to time which amendments will come into force and effect once they have been published on the website and it is your responsibility to ensure that you keep up to date with the amendments hereto. Each amendment to these terms and conditions will include a date on which they have been published and this is the date on which they shall be deemed to have come into force and effect.

By accepting the terms and conditions you also agree to accept and be bound by any amendments which may be made. In any event, the continued use of the website shall be tacit consent to any amendments to the terms and conditions.

A certificate (letter) signed by the administrator of this website is prima facie proof of the date and content of the latest, and any previous, versions of these Terms and Conditions and other Terms and Conditions published on this website from time to time.

Should you be unable to understand the contents of these terms and conditions or any other terms and conditions as published on this site, or should you have any queries then please contact us on support@pulse.za.com.

If you have not read, do not understand or do not agree with these terms and conditions or any provision thereof, you MUST not accept the terms and conditions and MUST immediately refrain from accessing and/or using and/or posting on this website or any other associated websites or mobile applications.

1. Definitions

• “Delivery costs” means the costs of the chosen courier company to ensure the transition of the goods purchased from the premises of the Seller to the premises of the Purchaser.
• “Ecosystem” means the Pulse Website, authorized associated websites and mobile platforms in which the Purchaser and the Seller may enter into conversations, negotiations and agreements. The ecosystem specifically excludes all third party websites as not managed and controlled directly by Pulse.
• “Purchase price” means the price specified by the Seller for goods offered by the Seller on Pulse’s website.
• “Purchaser” in terms of this agreement means a user of the website, whether a person, company or other entity, who purchases any goods offered for sale on this website.
• While a Purchaser may also be a Seller and a Seller may also be a Purchaser in the provision of different goods and services as listed on Pulse’s website, these terms and conditions will apply to the capacity which you are acting in for each individual sale transaction.

2. Use of the website

• Pulse is a platform which enables Sellers of goods to connect with Purchasers of the said goods.
• Pulse in no way offers or is deemed to offer any goods for sale on the website and all goods listed and offered are done so by the Seller who is an individual third party.
• Pulse will not be a party to any agreement of sale reached on the website and the agreement will be wholly between the Purchaser and the Seller.

3. Purchasers Obligations

• Registering on Pulse’s website and the purchasing of items from registered Sellers does not attract a fee payable by the Purchaser. This, however, is subject to the fact that the Seller may charge a delivery fee for the delivery of the good which agreement is directly between the Purchaser and the Seller as Pulse is not a party to the agreement of sale but merely provides the platform to facilitate such agreement.
• The Purchaser warrants to Pulse and each and every individual Seller as registered on the site that:
  • the Purchaser’s information:
  • is accurate and truthful and is not in any way false, misleading, deceptive or fraudulent;
  • does not breach any intellectual property rights of any third party;
  • is not threatening, offensive, constitutes harassment or is any way against community morals;
  • will not defame another person or transmit misleading or inaccurate information of any kind whatsoever regardless of the nature thereof;
  • does not contain confidential information of any third party unless express permission has been obtained from the third party;
  • does not contain any viruses, ransomware, malware, worms, Trojan horses or any other invasive and malicious programs or data whether attached or embedded in other programs or not; and
  • will be kept up to date at all times.
  • The Purchaser has the requisite legal capacity to enter into an agreement of sale.
  • The Purchaser will not enter into an agreement of sale where the Purchaser does not have sufficient available capacity to pay for the goods or services including the delivery thereof.
  • The Purchaser understands that Pulse does not directly offer any goods for sale and that all goods offered on Pulse’s website are offered by third party Sellers.
  • The Purchaser understands that the agreement of sale is concluded between the Purchaser and the Seller and that Pulse is not a party to the agreement of sale but merely facilitates the platform on which the Purchaser and the Seller can conclude the agreement of sale.
  • The Purchaser understands that the purchase of any goods on this website is entirely at the Purchaser’s own risk and Pulse will not be held liable for any dispute arising therefrom which dispute shall be wholly between the Purchaser and the Seller.
  • The Purchaser understands that, to the extent permitted by law, the Seller may exclude all terms, conditions and warranties whether express, implied, statutory, common law, or otherwise, relating to those goods and services, in all of the Seller’s dealings in connection with the goods and services that the Purchaser may purchase from the Seller on Pulse’s website.
  • The Purchaser has obtained the necessary information required in terms of the Second Hand Goods Act from the Seller (if applicable).
  • The Purchaser understands that the Sellers on Pulse’s website may be individual persons concluding private sales, or those persons or entities acting in the normal scope of business and understands that the Consumer Protection Act may only apply in certain circumstances where the sale of such goods and/or services is within the Seller’s ordinary course of business.

4. Communication between the Purchaser and the Seller

• Pulse provides an ecosystem in which the Sellers and Purchasers can interact to facilitate the purchase and sale of musical instruments and related accessories
• All communication between the Seller and the Purchaser should remain wholly within the confines of Pulse’s ecosystem which includes the website, associated websites or mobile platforms.
• Any private conversations concluded between the Purchaser and the Seller outside the confines of Pulse’s ecosystem are expressly prohibited and Pulse will have no liability whatsoever in accordance with agreements of sale nor the communication itself, the contents thereof or concluded by or arising from any conversations outside of the ecosystem.

5. Conclusion of the agreement of sale

• Pulse only provides the platform to facilitate transactions between Purchaser and Sellers, all goods which are offered are for sale by a third party, the Seller, therefore Pulse is neither the purchaser nor the Seller, unless otherwise specified.
• The sale is therefore solely between the Purchaser and the Seller.
• The dealings between Purchaser and Seller are solely between the parties and are subject to any terms and conditions, privacy policies, warranties, or representations associated with such dealings and are at the parties sole risk without any warranties or legal liability of any kind on the part of Pulse.
• The Purchaser and Seller both warrant that they understand that while there may exist an intention to enter into an agreement of sale with one another, the actual agreement of sale will only be concluded upon delivery of the goods from the Seller to the Purchaser.
• This is regardless of any communication as received from Pulse stating that the Purchasers order or payment has been confirmed.
• Where an agreement of sale is concluded as a result of any interaction or communication which is not reflected within the ecosystem then Pulse has no liability whatsoever as the parties are deemed to have concluded the sale wholly external from Pulse.

6. Purchaser’s payment details

• In addition to the personal information as required upon registration, additional information may be required upon the Purchaser’s decision to enter into an agreement of sale with a Seller for goods as advertised on Pulse’s website.
• The Purchaser may be requested to provide valid and current debit or credit card information in order to secure the payment of the funds for the purchase of the goods.
• In providing Pulse with this debit or credit card information as above, you consent to the processing and/or further processing of such personal information by Pulse in accordance with the Protection of Personal Information Act.
• Pulse utilizes the services of Peach Payments as a payment platform and therefore the Purchaser acknowledges that Pulse may, through Peach Payments, obtain the funds by any one or combination of the following means:
• by debiting the funds from the Purchaser’s bank account as designated and instructed; or
• charging the Purchasers debit or credit card.

7. Payments for goods and services purchased on Pulse’s website

• When you provide Pulse with your credit or debit card information you consent to Pulse processing and/or further processing your information.
• You hereby agree and authorize Pulse to consult and work with the relevant financial institution or payment service provider to recover any amounts owing to Pulse and if necessary to recover any amounts due by charging your debit or credit card or by any other means Pulse may, at its sole discretion, deem appropriate.
• Pulse, to act as an Escrow agent until the completion or termination of the agreement of sale.
• The Purchaser will not be able to withdraw or instruct the funds to be paid out to any other third party unless the intended agreement of sale is terminated and such termination is communicated in writing to Pulse who in turn will confirm the termination with the other party before releasing the monies as held.
• By making use of the payment platforms as supplied on Pulse’s website by Peach Payments, the Purchaser acknowledges that:
• Pulse is not a bank and that the service is merely a payment processing service rather than a banking service; and
• Pulse is acting as a trustee/fiduciary/escrow agent with respect to the Purchaser’s funds.

8. Goods offered on Pulse

• Pulse relies on offerings made by a Seller and Pulse accordingly bears no liability for any inaccuracies in the information supplied including but not limited to:
  • the availability of the product;
  • the description of the product;
  • the identity of the product;
  • the price of the product; or
  • the quality of the product.
• Pulse disclaims any and all liability, including express or implied warranties, whether oral or written, for the goods provided by any Seller.
• The Purchaser acknowledges that no representation has been made by us as to the fitness of the goods offered by the seller for your intended purpose.
• We assume no responsibility for goods sold by a Seller
• Your dealings with any Seller mentioned on or found on the Website are solely between you and such Seller and are subject to any terms, conditions, privacy policies, warranties or representations associated with such dealings.
• Your dealings with a Seller are at your sole risk and, as set forth above, are without warranties or legal liability of any kind on the part of Pulse.
• Any dispute arising from product information supplied by the Seller should be resolved between the Purchaser and the Seller directly.
• Pulse may, at its sole discretion, while taking no responsibility or liability whatsoever, attempt to assist in the resolution of the dispute between the parties where:

• • all communication between the parties occurred within the designated communication platforms within the Pulse ecosystem; and
  • delivery was completed using Pulse’s preferred courier and insurance was taken out for such delivery of the goods.

9. Delivery of goods

• Pulse does not offer delivery of goods and all deliveries must be arranged between the Purchaser and Seller directly.
• However where the Purchaser elects to take a delivery option as provided by the Seller, and that delivery option is Pulse’s preferred courier service for the delivery of goods AND insurance is taken out, Pulse may, at their sole discretion, assist with any disputes which may arise, on the additional condition that all communication between the parties occurred within the designated communication platforms within the Pulse ecosystem.

10. Returns

• The returns policy is governed by the returns policy of the Seller of the goods and should be expressly taken note of when negotiating the terms and conditions of the agreement of sale between the parties.
• Should delivery of the good occur and such good is damaged, defective, or materially different from the good as ordered, Pulse may at its sole discretion, while taking no responsibility or liability whatsoever, attempt to assist in the resolution of the dispute between the parties where:
• all communication between the parties occurred within the designated communication platforms within the Pulse ecosystem; and
• delivery was completed using Pulse’s preferred courier, The Courier Guy, and insurance was taken out for such delivery of the goods.

11. Pulse shall take all reasonable efforts to accurately reflect the description, availability and purchase price of the products, goods or services offered by the Seller on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding the Purchaser for any amount already paid, or otherwise as set out in the Sellers returns policy.
12. Limitation of liability

• Pulse cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices or descriptions displayed on the Website, save where such liability arises from the gross negligence or willful misconduct of PULSE, its employees, agents or authorized representatives.
• Pulse shall not be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from your use of, or reliance upon, the website or the content contained in the website; or your inability to use the website, and/or unlawful activity on the website and/or any linked third party website.
• You hereby indemnify Pulse against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of this website and/or any linked third party website.