1. Terms and Conditions

Please take a moment to read these terms and conditions, to understand how they apply to your use of the website and any product or services that you may order online as well as any or all services offering in respect of the products that
MidTop Group may provide

  1. Definitions

“Buyer”: the person, firm or company to whom Goods are supplied.

“Conditions”: these general terms and conditions of sale for goods.

“Contract”: the contract between the Seller and the Buyer for the sale and purchase of the Goods in accordance with these Conditions.

“Goods”: the materials/products supplied by the Seller to the Buyer.

“Seller”: MIDTOP GROUP

“Shelf-Life Period”: the period from the date of purchase by the Buyer up to the expiry date specified on the packaging of the relevant Goods.

“Specification”: any written specification within the Technical Data Sheets of the Seller corresponding to the Goods or as otherwise may be agreed in writing by the Seller.

These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of the Website.

  • Only user who have registered and / or created a profile and / or account may order Goods on the Website. To register as a user, you must provide a password and provide certain information and personal details. You will need to use your password to access the Website in order to purchase Goods.
  • You agree to keep your password confidential and warrant that your username and password shall be used for personal use only and not be disclosed by you to any third party the information required for registration of an account and to place an order is protected by our Privacy Policy which may be viewed from The Privacy Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).
  • For security purposes you agree to enter the correct details and password whenever accessing your account and / or ordering Goods.
  • You agree that, you will be liable for any and all orders placed and Goods purchased using your account’s and / or profile’s login and / or logon credentials, details and password, irrespective of whether the use of the details and password is unauthorised or fraudulent, and you will be liable for payment of such order and /or Goods purchased, save where you cancel such unauthorised and / or fraudulent order timeously and before we have processed and / dispatched and / or incurred any costs and / or expenses in relation therewith and it is still possible to cancel such order
  • Should you become aware of and / or reasonably suspect unauthorized access to and / or use of your account, logon credentials, details and / or password, you must notify us immediately.
  • We have the right, and reserve the right, to change, revise, update, suspend, discontinue, or otherwise modify the products, products’ description and/or price at any time or for any reason without notice to you
  • Should an error occur regarding the product description and / or availability information you will be entitled to a full refund for any monies already paid for the affected products, subject to the affected, wrong products being returned to us in accordance with our Delivery and Returns Policy.
  • Information, ideas and opinions expressed on the website should not be regarded as professional advice or the official opinion of MidTop Group Users are encouraged to obtain professional advice before taking any course of action related to information, ideas or opinions expressed on the website.
  • If we have to contact you, we will do so by telephone or by writing to you at the email address or other electronic communication facility address provided to us during the order process.

“Writing” shall be interpreted to include emails, and where we use the words “writing” or “written” in these Terms and Conditions, this will include Data Messages, including, but not limited to, emails. You acknowledge that all agreements, authorizations or requests on our website satisfy the “writing” requirement as per section 12 of the Electronic Communications and Transactions Act 25 of 2002.

  • We operate on a “First to pay has First Priority” system and all sales are subject to while stock lasts. It is possible that during busy times and where order capacity is high, payments will be received in close succession and a confirmation email sent despite sufficient stock not being available.

Where the item or stock you seek is no longer available as a result of this, MIDTOP GROUP shall refund you any monies paid, alternatively offer a store credit or any other suitable option. No claim for damages shall be made against MIDTOP GROUP should this occur.

  • Our website is provided to on an “as-is” and “as-available” basis. MIDTOP GROUP have taken all reasonable steps to ensure that the content of the website is accurate and complete.
  • The price and cost of each product is displayed and available on the Website. Payment of the Product(s) purchased will be due upon and during the checkout process.
  • All prices for products are inclusive of VAT (Value Added Tax).
  • The delivery and / or courier charges are displayed and information relating to these charges are available during the checkout process
  • MIDTOP GROUP uses a payment system that is secure and in terms of accepted technological standard.
  • Payment may be made for the Goods purchased by way of the following methods:
  1. DEBIT CARDS/ CREDIT CARDS/ ELECTRONIC FUNDS TRANSFER (EFT)

In the event of utilizing a debit or credit card as the payment method, we may require additional information to authorize and / or verify the validity of payment. Your order will only be accepted when and at such time when we receive the additional information to authorize and / or verify your payment.

Should we not receive the additional information required and / or your order not be authorized and / or the validity of your payment not be verified, your order will be cancelled. You warrant that you are fully authorized to use the debit or credit card supplied for purposes of purchasing and paying for the Goods.

  1. DELIVERY POLICY
    • MIDTOP GROUP provides a delivery appointed by MIDTOP GROUP
    • Delivery will take place at the address you provide when placing your order
    • Should you deliberately fail to take delivery of goods ordered, and without prejudice to any other right or remedy that MIDTOP GROUP shall have, MIDTOP GROUP may:
  • Store the goods, until the actual delivery and charge you for reasonable costs
  • Sell the goods at the best available price and after (deduction all reasonable expenses incurred by MIDTOP GROUP) account to you for any access over the agreed selling price or charge you for the shortfall below agreed selling price
  • If delivery cannot be made at your address for reasons under MIDTOP GROUP’S control, MIDTOP GROUP will inform you as soon as reasonably possible.
    • Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, MIDTOP GROUP will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, MIDTOP GROUP will inform you as soon as possible of any delays.
    • MIDTOP GROUP shall be entitled to invoice and deliver each order separately.
    • Upon receipt of your order, you will be asked to sign for the goods confirming that the goods are delivered in a good condition.
    • If the package does not appear to be in good condition, please refuse the delivery
    • If you are unable to check the contents of your delivery at the point of delivery, then please sign for the parcel as “UNCHECKED”. Failure to do so may affect any warranty claims that you make thereafter
    • MIDTOP GROUP shall not be held liable for any delays occasioned by the actions of any courier company once the parcel has been handed over to a courier for delivery to the customer. Concerns about delivery times and/or delays must be escalated to the relevant courier company
    • Parcels and orders will only be dispatched once payment has been received in full and it is reflected in MIDTOP GROUP bank account where payment is made by way of EFT or bank deposit.
    • Delivery at the location you selected: We shall have the courier deliver the Products at the location set out in your order or such other location as we may agree to in writing (“Delivery Location”), during business hours (08:00 – 17:00, excluding public holidays and weekends). It is your responsibility to ensure that the address as set out in your order is correct.
    • A standard charge for delivery is R160 (calculated by postal code and suburb
    • You acknowledge that stock of all Products on offer is limited, and that pricing may change at any time without notice to you. MIDTOP GROUP will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website.

However, we cannot guarantee the availability of stock. When Product is no longer available after you have placed an order, MIDTOP GROUP will notify you and you will be entitled to a full refund of any amount already paid by you for such Product.

  • MIDTOP GROUP shall take all reasonable efforts to accurately reflect the description, availability, composition, used materials/ingredients, Product origins, purchase price and delivery charges of our Products on the Website.

However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence nor fraud), 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 our Refund and Cancellation Policy.

  1. WARRANTY

This Agreement is subject to the Consumer Protection Act 68 of 2008 (“CPA”) and does not override or circumvent any rights you may have in terms of the CPA.

  • All Products sold on our website come with a supplier warranty.
  • “Custom builds”: each product selected by you will be subject to a supplier warranty. we do not warrant the sum / whole of you customer build and specifically confirm hereby that, to the extent permitted by law, we make no representation, guarantee or warranty regarding the quality, reliability or suitability of your customer build as a whole.

You agree that is within your sole discretion to select the respective products and to build your customer build and that you have relied on your own knowledge and ability to build your own custom build and not on any representation or guideline from us. The entire risks arising out of your use of your customer build remains solely with you.

  • From time to time, we may, although we are not obligated to, offer extended warranties for two years.
  • The availability of any extended warranties will be communicated on our website as well as at the Products that are eligible for the extended warranty. You will have to register an account on our website to be able to make use of the extended warranty.
  • The terms governing such extended warranty will be communicated at the same time.
  • By registering for the extended warranty, you agree to the extended warranty’s terms as presented to you at the time of purchase.
  1. REFUND AND CANCELLATION POLICY

In accordance with Section 44 of the Electronic Communications Act 25 of 2002 (ECT Act) you, as the consumer, are entitled to cancel, without reason and without penalty, your purchase within seven (7) calendar days from the receipt of the good(s) and obtain a full refund provided the goods are still in an original, unopened and unused condition that it can be resold (less courier fees if applicable).

In the event that you cancel the transaction within the 7 (seven) day cooling off period, the goods and products purchased and delivered to you must be returned to us. You will be liable for the direct cost of returning the goods.

Any product returned must be in the original condition and in good working order, must be sealed and unopened and there must be no missing items such as, but not limited to manuals, software installation discs and accessories.

If payment for the goods or services has been affected prior you exercise your right in terms of the cooling off period, you will be entitled to a full refund of such payment. The refund will be paid to you within 30 days of the date of cancellation.

There are some exceptions to the “cooling off” period and in terms of Section 42(2) of the ECT Act, Section 44 (Cooling Off Period) will not apply to electronic transaction in the following circumstance:

  • Computer software which has been opened or has seals broken.
  • Consumables which have been opened or has seals broken, including blank CDs, blank DVDs, printer heads, printer cartridges, printer toners, printer ink tanks and laser drums.
  • Products which by their nature cannot be returned (including electronic vouchers).
  • Products which have had their security tampered with and/or are otherwise used.
  • Where the goods are made to the consumer’s specifications and / or are personalized, including items specially ordered for customers.

For both the COOLING OFF PERIOD and NON-DEFECTIVE PRODUCT RETURNS, the products must be returned within seven (7) calendar days of date of receipt of the goods to our door in their original packaging. The cost of returning the products will be solely at your expense without exception. Should a product be damaged/go missing while in transit to MIDTOP GROUP, we will not be liable and unable to credit/refund you.

We suggest that courier insurance be taken for all returns to MIDTOP GROUP should an opened/unsealed product be returned, a handling fee of up to 25% may be charged. The products are required to be in resalable condition. Products that are returned with missing items including, but not limited to, manuals, software installation discs, manuals and accessories, will not be credited or refunded. It is at our sole discretion to pass credit or refund if an unsealed or otherwise opened product is returned to us.

Software will only be credited or refunded if the packaging is unopened/no seals are broken, and the return is accompanied by a police affidavit.

Consumables including, but not limited to, blank CDs, blank DVDs, printer heads, printer cartridges, printer toners, printer ink tanks and laser drums can only be returned for credit or refund if unopened/sealed and unused.

All products are covered by the manufacturer’s prescribed warranty, which is typically one (1) year from date of invoice unless otherwise specified.

If you find that your product is defective or faulty, we will repair, replace or provide a full refund (less any delivery costs) for the product within the first 6 (six) months of purchase, being the purchase date reflected on the invoice.

Please notify MIDTOP GROUP via email of any defective or faulty products. Once we have received your email, we will arrange to have the product Returned to us at our expense MIDTOP GROUP will assess the product returned and should the product be found to be defective; you are entitled to either:

  • Have the product repaired
  • Have the product replaced
  • Be fully refunded minus delivery costs (if any)

Should you have a successful warranty claim and wish to have the product repaired or replaced, we will return the repaired/replaced product to you at our expense (assuming your purchase was originally for delivery).

Should the customer have an unsuccessful warranty claim (e.g., the product is NOT defective or faulty) then the customer will be liable for all courier fees (collection, return and any other fees that might arise, such as labour fees).

Please note the following issues/problems will NOT render the product defective and / or faulty and will NOT entitle you to any repair, replacement, credits, or refunds:

  • Faults resulting from normal wear and tear.
  • Physical damage to the product.
  • When you or someone unauthorized by MIDTOP GROUP has altered, modified, damaged or removed any warranty seal(s) and/or screw(s).
  • Hardware or software including, but not limited to, operating systems, office suites, antivirus packages and games, which are not compatible with your system and/or existing hardware.
  • Equipment which shows evidence of impact, sand, liquid/moisture damage, dropping, mishandling/tampering, chemical corrosion, lightning/surge damage, damage caused by connecting incompatible equipment or used in a way contrary to the applicable instruction manual.
  1. INCORRECT/ DAMAGED/RETURN POLICY

Should you receive incorrect products please notify us within the first two (2) calendar days of receipt so that we can rectify the mistake.

We will take back any incorrect products that are unopened, in their original condition, in good working order and have no missing items, such as but not
Limited to manuals, software installation discs and accessories. We will exchange and /or replace and /or provide a full refund for the incorrect

If your products arrived damaged, missing any parts or accessories please notify us within two (2) calendar day of receipt so that we can rectify the issue.

  1. OPEN BOX ITEMS

Items sold as “open box” have the following additional policies:

  • These items will be clearly marked as “open box”
  • The item itself is in as-new condition, although seals may be broken, the packaging may be damaged, or some original packaging may be missing
  • All original accessories are included unless otherwise stipulated
  • The full manufacturer’s warranty applies unless otherwise stipulated
  • These items cannot be returned for credit or refund, and can only be returned under warranty for replacement

For all returns, with exception to the “Incorrect / Damaged Return Policy”, you will need to send the products back to us at your own expense. The original courier fee is non-refundable.

Any products returned to us that are not in their original condition (e.g. missing manuals, warranty cards, accessories or other materials), and not in good working order, cannot be returned for a replacement, exchange or refund.

  1. RETURN INSTRUCTIONS

All products being shipped back to MIDTOP GROUP should be carefully packed in protective materials where necessary. The package should have the order number and return address clearly marked. Should a product be damaged or lost while being delivered to our offices, MIDTOP GROUP will not be liable for the damages. It is recommended to insure any items that you send to us.

  1. PRIVACY POLICY

This Privacy Policy applies to all users of our website, related Mobi-sites and software applications, collectively referred to as “our Platforms”, which are used to access and purchase our products and services.

The purpose of this Privacy Policy is to set out how, why and when MIDTOP GROUP uses your Personal Information so as to comply with the Protection of Personal Information Act 4 of 2013 (“POPI”).

It is important that you read this Privacy Policy together with our other terms and conditions, privacy notices or policies we may provide from time to time when we collect or use your Personal Information.

Further, please pay special attention to the clauses in this Privacy Policy that appear in similar text and style (i.e. bold) which:

  • May limit the risk or liability of MIDTOP GROUP or a third party.
  • May create risk or liability for the user.
  • May compel the user to indemnify MIDTOP GROUP or a third party.
  • Serves as an acknowledgement, by the user, of a fact.

We respect your privacy and take the protection of Personal Information very seriously. We strive to deliver excellent service every time you shop with us, and to do this, we need to use some of your Personal Information. This Privacy Policy describes how we handle the Personal Information we collect about you and/or receive from you. By using our Platforms, you agree to the processing of your Personal Information as set out in this Privacy Policy.

In this Privacy Policy, the terms

  • “Personal Information”, and “process/processing” bear the same meanings as set out in POPI.
  • “we”, “us” or “our” refers to MIDTOP GROUP
  • “you” and “your” refers to every person that accesses or uses our Platforms also referred to as a user.
  • “Registered user(s)” refers to anyone registered on our Platforms and has provided us with a unique email address and password as well as other Personal Information in order-to-order goods and services on our Platforms
  1. IF YOU ARE BELOW THE AGE OF 18

If you are below the age of 18 years, you must always get permission from your parent or guardian before you use our Platforms or give us your Personal Information. We may check that your parent or guardian has given you such permission, for example by asking you to provide us with your parent’s or guardian’s contact details so we can contact them.

We may also check that the contact details you have given us are correct and are the details of a person who is actually your parent or guardian. If we are not able to verify such permission or if a parent or guardian confirms that you do not have their permission, you may not use our Platforms.

  1. POPIA ACT

“POPIA” means the Protection of Personal Information Act, 4 of 2013.
“Processing” means processing as defined in the Protection of Personal
Information Act, 4 of 2013. “Processing” means:

“Any operation or activity or any set of operations, whether or not by automatic means, concerning personal information, including —

  • the collection, receipt, recording, organization, collation, storage, updating or modification, retrieval, alteration, consultation or use;
  • dissemination by means of transmission, distribution or making available in any other form; or
  • Merging, linking, as well as restriction, degradation, erasure or destruction of information.”
  • “User” means the website visitor, customer and / or a person who uses a
    Computer or another device to access this website.
  1. COLLECTED INFORMATION

Information is collected directly from you when you provide us with your personal information, when you register and / or create an account on our site, complete and place an order, submit an enquiry through the “Contact us” contact form on our website, when you visit the site and / or subscribe to
our newsletter.

You may visit the website anonymously (online identifiers, cookies and / or IP address may still be collected automatically), but in order to order you will be required to fill in and provide certain personal information.

The personal information that you provided and / or we collect and / or

Process may include the following:

  • Name and Surname
  • Email address
  • Billing address
  • Physical address
  • Contact number
  • Passwords used for authentication and account access
  • Payment Data necessary to process your payment if you make purchases
  • Content you submit to or through our site using the “Contact us” contact form.
  • IP address

Please ensure that this information is true and correct as it is required for billing, delivery and payment purposes. You must notify us of any changes
To any personal information provided and /or collected

  1. REASON FOR PERSONAL INFORMATION COLLECTION

The information we collect from you and / or you provide to us is processed and used with for legitimate business purposes and / or interest, the fulfilment of obligations in terms of our terms and conditions and / or compliance with any legal obligations.

Personal information may be collected from and / or provided by you for the following reasons: may be used in one of the following ways:

  • To process transactions, fulfil and manage your order(s)
  • To update you on your order progress
  • To send newsletters from time to time if you decide to opt-in. Note that you can unsubscribe from our newsletters at any time
  • To respond to your queries or comments and / or to offer support to users
  • For internal record-keeping and to facilitate account creation, logon process and maintain your profile and / or account
  • To improve site performance
  • To adhere to any obligations in terms of our terms and conditions
  • To deliver to product(s) ordered and purchased
  • To contact you regarding products and services, provided you have consented to us contacting you for direct marketing. You can, at any time, opt out of receiving communications from us. Direct marketing communications will provide you with the option to and information relating to how to opt out.
  • To communicate administrative information such as information about changes to our terms and conditions, etc.
  • For business purposes such as identifying usage trends and to improve our products and service offerings.
  • We will use your Personal Information collected from and/or provided by you only for the purposes for which it was collected and /or provided.
  1. HOW DO WE PROTECT YOUR INFORMATION?

We have implemented security safeguarding measures, technical and operational, to protect Personal Information collected and / or provided by you.

Your information is transferred using the SSL protocol to ensure its safety to the best of our abilities.

Although we take all reasonable measures to secure the Personal Information and data collected and / or in our possession we cannot guarantee the unauthorized access thereto and /or use thereof. The user agrees and acknowledges that the use and continued use of MIDTOP GROUP site, placing and order, purchasing goods and / or products, creating a profile and / or account, providing personal information is at the user’s own risk.

We will not keep Personal Information collected from and / or provided by you for longer than is necessary to fulfil the purpose for which it was collected and / or provided unless we must keep it for legitimate business or legal reasons and /or unless a longer retention period is required by law.

As soon as reasonably possible after the reason and / or purpose for the processing of your Personal Information ceases or lapses and / or when no legitimate legal and / or business reason and / or purpose exist for the processing and / or retention of your Personal Information, we will either delete and / or destroy or de-identify your Personal Information.

  1. COOKIES

Cookies are small files that a site stores on your computer’s hard drive through your web browser (if you allow) that enables the site to recognize your browser and capture and remember certain information. This includes, but is not limited to, your login information.

Cookies help us to provide you with a better website and we make use of cookies to track and analyse website usage. A cookie does not give us access to your computer or device and / or collect any Personal Information.

We may contract with third-party service providers to assist us in better understanding our site’s visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.

If you prefer, you can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies via your browser settings. Like most websites, if you turn your cookies off some of our services may not function properly.

  1. DISCLOSURE TO THIRD PARTIES

Your information, whether public or private, will not be sold, to any other company and /or third parties for any reason whatsoever, without your consent. In terms of Section 11 of POPIA, we will only process or share your Personal Information if:

  • You have consented to the use and / or processing of your Personal Information;
  • The processing of your Personal Information is necessary to carry out actions for the conclusion or performance of a contract between you and us;
  • The processing of your Personal Information complies with an obligation imposed by law;
  • The processing of your Personal Information protects your legitimate interest; and / or
  • The processing of your personal information is necessary for pursuing a/or/ our legitimate interest.

The user agrees and understand that the courier service, requires some of your details and Personal Information for delivery purposes.

We may also release and / or share your Personal Information when we believe it is appropriate and / or necessary to comply with the law, enforce our site policies, or protect ours or others’ rights, property, or safety. However, non-identifiable visitor data and / or information may be provided to other parties for marketing, advertising, or other uses.

  1. THIRD PARTY LINKS

Occasionally, at our discretion, we may include or offer links to third party products or services on our website.

Please note that once you click on these links and leave our site, we have no control over the other third-party sites. These third-party sites have separate and independent privacy policies.

We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

By using our site, placing an order and / or registering a profile and / or account, you acknowledge and present that you are at least 18 years old or, if minor, a competent person, such as a parent or guardian, has consented to you using the site placing an order and / or registering a profile and / or account and /or sharing and providing your Personal Information which will be processed in terms of this Policy.

Should we become aware that a minor has provided Personal Information without the consent of a competent person, such as a guardian and / or parent and / or if Personal Information of a minor child has been collected, we will delete and destroy such Personal Information and deactivate any profile and / or account created.

  1. UNDERSTANDING PAIA

Section 32 of the Constitution states:

  • “Everyone has a right of access to any information held by the state and any information held by another person that is required for the exercise or protection of any rights.”
  • The Promotion of Access to Information Act, No. 2 of 2000 (PAIA) was enacted to give effect to the constitutional right of access to information. PAIA came into operation on 9 March 2001.
  • In terms of the Constitution and PAIA, all people in South Africa, including non-nationals, can request information from public and private bodies.
  1. OBJECTIVES OF PAIA
    • To promote transparency, accountability and effective governance of all public and private bodies
    • To assist members of the public to effectively scrutinize and participate in decision making by public bodies
    • To ensure that the state promotes a human rights culture and social justice
    • To encourage openness
    • To establish voluntary and mandatory mechanisms or procedures which give effect to the right of access to information in a speedy, inexpensive and effortless manner
  2. POPIA

Purpose of Processing Personal Information. The Company Processes Personal Information for the following Purposes:

  • Complying with legal and statutory obligations in terms of applicable legislation;
  • Staff administration, including management of employees;
  • Human resources purposes such as job applications and interviews with potential or prospective employees;
  • Keeping of accounts and records
  • Obtaining information necessary to provide the contractually agreed services and / or products to a customer;
  • Obtaining information necessary to provide customers with the purchased product(s);
  • Marketing and advertising purposes;
  • Monitoring, maintaining and managing the company’s contractual obligations with and to customers, clients, suppliers, service providers, employees, directors and other third parties;
  • Responding to enquiries and resolving complaints;
  • To fulfil obligations (contractual or in terms of legislation) to clients and / or customers; and
  • To comply with the Company’s delivery and return policy.
  1. COMPANY INFORMATION
    • Site owner: MIDTOP GROUP (pty) Limited
    • Legal status: Private limited liability company
    • Registration number: 2025/166608/07
    • Director: Pule Johannes Tsiane
    • Description of main business: wholesale and retail of goods
    • Telephone number: +27 825350329
    • Email address: info@midtop.co.za
    • Website address: https://midtop.co.za