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, Purchasers Terms and Conditions and Privacy Policy.

PLEASE NOTE FURTHER that upon registration on this website you will be prompted to click on the “ REGISTER ” 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.

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. 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.

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

1. “Ecosystem”means the Pulse Website, authorised 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.

1. “Fees”is the amount payable by the Seller to Pulse on the conclusion of the agreement of sale. This Fee includes Pulse’s percentage and the percentage applicable in terms of the specific payment method which percentages are set out in Fees below.

1. “Purchase price”means the price specified by the Seller for a specific good offered by the Seller on Pulse’s website inclusive of the portion to be paid to Pulse in respect of fees.

1. “Seller”in terms of this agreement means a user of the website, whether a person, company or other entity, who offers any goods for sale on this website.

1. “Goods”for the purposes of this website are limited to musical instruments and accessories directly relating thereto.

1. While a Purchaser may also be a Seller and a Seller may also be a Purchaser, in the provision of different goods 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.

• 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.

• The Seller may list musical instruments and associated accessories for sale to Purchasers but may not, under any circumstances list any of the following goods or services for sale:
• Blood, Bodily Fluids and Body Parts;
• Burglary Tools;
• Counterfeit Products, replicas or knock-off brand name goods;
• Embargoed Goods;

• Endangered or protected species, or any part of any endangered or protected species;
• Escort services or similar services which offer or indicate sexual services;
• Fireworks, destructive devices or explosives;
• Government and transit badges, uniforms, Identification Documents or licenses;
• Hazardous material, including but not limited to radioactive, toxic and explosive
  materials;

• Identity documents, personal financial records or personal information;
• Illegal drugs, controlled substances, substances and items used to manufacture controlled substances, drugs or drug paraphernalia;
• Any illegal items and services;
• Illegal telecommunication and electronics equipment such as access cards, password sniffers, radar scanners, traffic signal control devices or cable descramblers;
• Items issued to any Armed Force that have not been disposed of in accordance with that country’s demilitarisation policies;
• Items which encourage or facilitate illegal activity;
• Material that is obscene, pornographic, adult in nature or harmful to minors;
• Material that infringes copyright, including but not limited to software or other digital goods which you are not authorized to sell;
• Modded consoles or services;
• Personal information or mailing lists;
• Selling or offering services for scheduled pharmaceuticals;
• Offensive material;
• Asbestos-based products;
• Pictures or images that contain nudity;
• Plants and insects that are restricted or regulated;
• Prostitution or any similar offer of sex, sexual favour or sexual actions;
• South African fossils;
• Stolen products;
• Tobacco products, including but not limited to e-cigarettes;
• Un-cut/un-polished diamonds and/or precious stones;
• Unwrought gold and platinum;
• Loose diamonds without appropriate certificates;
• Used cosmetics;
• Used or rebuilt batteries containing mercury;
• Watermarked or copyrighted images that you do not have authority to use; and
• Weapons and related items, including but not limited to firearms, firearm accessories, parts and magazines, ammunition, BB, pellet and airsoft guns, tear gas, tasers, stun guns, switchblade knives, martial arts weapons, archery and/or bow equipment.
• If you offer any of the above mentioned items for sale you are not entitled to register as a seller and are prohibited from doing so.
• Any person found to be offering any of the goods and services as above shall be immediately removed from the website and Pulse may, if the circumstances dictate, lay criminal charges against the Seller.

• Seller’s Obligations

• • The Seller may post, on Pulse’s website, goods that the Seller wishes to offer for sale.
  • The Seller hereby warrants that Pulse, or their agent may undertake any necessary verification of banking details, and/or credit checks where applicable.
  • The Seller warrants to Pulse and each and every potential Purchaser as registered on the site that:

• The Seller’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 anyway 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 Seller is the legal owner of the goods that are being offered for sale on Pulse’s website and the Seller has the requisite legal capacity to enter into an agreement of sale and pass the rights and title of the goods to the Purchaser on the conclusion of the agreement of sale.
• The Seller will only list on the website goods which the Seller is offering for sale and will not include any goods, including advertisements of or links to such goods, which are not offered for sale through the website and in the ecosystem.
• Where the Seller is selling the goods in the usual course of business that the Seller will comply with all applicable provisions of the Consumer Protection Act.
• Where the Seller is selling second-hand goods that the Seller will not unreasonably withhold from the Purchaser any requisite information in terms of the Second Hand Goods Act which may be needed for the Purchaser to complete his/her register.
• The goods which the Seller lists and offer for sale on Pulse’s website:

• • are reasonably fit for the purpose or purposes for which goods of that kind would be commonly bought;
  • correspond with the description and images, if applicable, which the Seller has posted on the website;
  • are not defective; and
  • are free of any restriction, encumbrance or any other limitation such that the Purchaser would not be able to enjoy full rights of possession and ownership of those goods.

• All goods offered for sale on Pulse’s website shall be governed by the laws of the Republic of South Africa and all goods offered for sale should be legally able to be offered for sale and should not be in contravention of any law within the Republic.
• The information as provided by the Seller in relation to any goods as offered for sale on the website must include the terms and conditions for the sale of those goods, which terms and conditions should include the following information:

• • whether the specific good for sale is a new or second hand item;
  • the price of the good to be sold inclusive of VAT and any other expenses as included in the purchase price;
  • terms of delivery and costs thereof; and
  • the returns policy.

• The Seller warrants that in addition to the terms and conditions as above, that all the terms and conditions shall include and be subject to the terms and conditions of Pulse’s website as provided in the Privacy Policy and the various Terms and Conditions.

• The Seller warrants that they understand that:

• • the goods are placed on the website with the intention that the goods are for sale and capable of being sold to a purchaser;
  • that the agreement of sale will be entered into between the Seller and a Purchaser and Pulse will not be a party to the sale;
  • the Seller must indicate acceptance of the order to the Purchaser and must thereafter deliver the good to, or allow for the collection of the good by, the Purchaser.

• Only upon delivery or collection of the goodwill an agreement of sale be concluded between the Seller and the Purchaser; this is regardless of any communication from Pulse that the order or payment has been confirmed;

• when claiming that a sale has been concluded:
• you have supplied the goods to the Purchaser to the value stated;
• no fraudulent and/or fictitious sales were processed to increase your cash flow;
• the transaction is not illegal or otherwise in contravention of this agreement;
• the transaction has been authorized by the relevant Purchaser;
• there has been due compliance with all the Terms and Conditions; and
• you indemnify Pulse against any claim or liability that may arise from a sale dispute where such a claim or liability is directly or indirectly due to a
  negligent act or omission by you.
• the Seller understands that the Purchaser will make payment to Pulse once the order has been accepted by yourself and the monies shall remain in escrow with Pulse until such time that the delivery or collection has occurred and the agreement of sale concluded, at which point Pulse will then process the payment to the Seller minus any fees due to Pulse;
• the payment associated with all agreements of sale concluded through this site shall be done by Peach Payments as Pulse’s authorized payment platform partner;
• the payment processing fee on all payments conducted are included in the fee due to Pulse upon the successful conclusion of the agreement of sale; and
• the fee payable to Pulse and the payment processing fee will be deducted directly from the amount collected from the Purchaser on behalf of the Seller; and
• Pulse does not guarantee, represent, warrant or hold out that, despite any account verification or credit checks we may have undertaken, confirm any matters relating to any credit card details supplied to us by a Seller or Purchaser under this agreement, including but not limited to:

• credit card details of either party are correct;
  • credit limits have not been exceeded;
  • the credit card has not been reported stolen or
    cloned;
  • the party is authorized to make use of the credit
    card; or
  • the credit card is otherwise being lawfully used.

• 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.

• Conclusion of sale

• • Pulse only provides the platform to facilitate transactions between Purchaser and Seller, 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 Seller is solely responsible for fulfillment of the delivery of the goods sold.
  • 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.
  • Only Sellers who are registered VAT vendors may charge VAT on goods sold and issue a tax invoice in respect thereof.

• Delivery of goods

• • Pulse does not offer delivery of goods to Purchasers and the delivery of the goods to the Purchaser remains the Sellers liability.
  • Pulse does have a preferred courier service for the delivery of goods.
  • Where this preferred courier is utilized 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

• Returns
  

• • Returns are subject to the individual Seller’s return policies and such returns policy must be communicated to the Purchaser by the Seller directly.
  • Pulse takes no responsibility or liability for the return of any good and the Seller accepts all responsibility and liability with regards to the returns of any good it may have offered through the website.
  • The Seller agrees to comply with all provisions of the Consumer Protection Act or the Second Hand Goods Act in so far as they are applicable.

• Fees
  
  • Pulse will charge a selling fee of 3.8% calculated on the full value of the transaction amount once a valid agreement of sale has been concluded between the parties.
  • In addition to the above, Pulse will also charge a payment processing fee calculated on the full value of the transaction amount which percentage is dependent on the payment method utilized: which is 3,5% of the total transaction amount.

Pulse may, at its sole discretion, charge a fee for the termination of an agreement of sale after the Purchaser has paid the purchase price to Pulse and Pulse had incurred fees in respect thereof.

• Pulse may, at its sole discretion change the fee structure as described above from time to time and such changes will be of force and effect once the amended terms and conditions have been published to the website.
• Unless otherwise stated, all fees are in South African Rands and are inclusive of VAT.
• Sellers agree to pay the fees, on the successful conclusion of an agreement of sale, as payment for the use of the website and the payment processing but this payment of a fee in no way grants any rights to the Seller in terms of the website.

• Pulse’s discretion with regards to goods offered for sale by Sellers

• Pulse reserves the rights, in their sole discretion, to alter, amend or remove any information or goods offered for sale by the Seller where:
• the information in relation to the goods offered is:
• obviously or intentionally misleading, deceptive or erroneous;
• suspected of infringing on any rights of any other person other than the Seller in question; or
• may create any liability for Pulse.
• Pulse is not satisfied that the Seller is legally permitted to offer the goods for sale, or sell the relevant goods;
• Pulse is required by law to do so;
• there has been any breach whatsoever of any of the terms and conditions governing Pulse’s website or any contradiction of any applicable law within the Republic of South Africa;
• for any other reason whatsoever that Pulse may, in their sole discretion, deem as sufficient to warrant the alteration, amendment or removal; andthe Seller hereby confirms that the Seller unequivocally waives any rights he/she may have had against Pulse in relation to the above.

1. Errors

Pulse shall take all reasonable efforts to accurately reflect the description, availability and purchase price of the products, goods or services offered by you 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 you for any amount already paid, or otherwise as set out in your returns policy.

1. Limitation of liability
2. 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.
3. 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.
4. 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.