Legal notice
LEGAL NOTICE
IMPORTANT — PLEASE READ
This notice contains provisions that limit our liability, that place risk
on you, and that require you to indemnify us. These provisions appear in
clauses 5, 8, 9, 10 and 11 below. In accordance with section 49 of the
Consumer Protection Act 68 of 2008, your attention is specifically drawn
to them. By using this website you acknowledge that these provisions were
brought to your attention, that you had an adequate opportunity to read
and consider them, and that you understand and accept them.
1. SCOPE
This Legal Notice governs your access to and use of www.echowavemusic.co.za
and all content on it, and applies to every visitor whether or not a
purchase is made.
It is separate from, and additional to, our Terms and Conditions of Sale,
our Returns, Refunds and Cancellations Policy, our Shipping and Delivery
Policy and our Privacy Policy. Where the sale of goods is concerned, the
Terms and Conditions of Sale apply. Where the website itself is concerned,
this notice applies. In the event of conflict between this notice and the
Terms and Conditions of Sale in respect of a purchase, the Terms and
Conditions of Sale prevail.
This website is operated by ECHO WAVE MUSIC (PTY) LTD, registration
number 2020/482460/07, trading as EchoWave Music. Our full statutory
details appear on our Contact Information page.
2. OUR INTELLECTUAL PROPERTY
All content on this website is owned by us or licensed to us and is
protected by the Copyright Act 98 of 1978 and the Trade Marks Act 194 of
1993. This includes, without limitation:
(a) the EchoWave Music name, logo, marks, device and get-up;
(b) all photography, video and audio produced by us, including every
product photograph of an instrument, amplifier or item of equipment
taken in our store or workshop;
(c) all written product descriptions, condition reports, setup notes,
workshop assessments and comparison content authored by us;
(d) the layout, design, structure, graphics and source code of this
website.
Our photography of individual second-hand, consignment and vintage
instruments is original work created at our cost. It is not manufacturer
stock imagery and may not be reproduced.
3. WHAT YOU MAY AND MAY NOT DO
You may view, download and print pages of this website for your own
personal, non-commercial use, and you may share links to our pages.
You may not, without our prior written permission:
(a) copy, reproduce, republish, distribute or commercially exploit any
part of this website or its content;
(b) use any of our photography or written descriptions to list, market
or advertise goods, whether on a marketplace, classifieds platform,
social media or any other website;
(c) use any automated system, robot, spider, scraper or similar means
to access, monitor, index or extract content, pricing or stock data
from this website;
(d) collect or harvest any information about our customers or users;
(e) frame, mirror or deep-link this website in a manner that
misrepresents its origin or our association with any other party;
(f) use our name, logo or marks as a metatag, keyword, hidden text,
domain name or paid search term;
(g) interfere with, disrupt, circumvent or attempt to gain unauthorised
access to this website, its servers or any connected system.
We reserve all rights not expressly granted, and we reserve the right to
withdraw access to this website from any person who breaches this clause.
4. THIRD-PARTY TRADE MARKS
This website displays and refers to the names, marks and model
designations of instrument, amplifier and equipment manufacturers. All
such names and marks are the property of their respective owners.
They are used on this website solely to identify and describe the goods
we offer for sale. Their use does not indicate that we are an authorised
dealer, agent, distributor or representative of any manufacturer, and
does not imply any endorsement, sponsorship or affiliation unless we
state so expressly on the relevant product page.
Where we are an authorised dealer for a brand, the manufacturer's
warranty terms for that brand apply in addition to the rights described
in our Returns, Refunds and Cancellations Policy. Where we are not, the
goods carry our own guarantee only, as set out in that policy.
5. ACCURACY OF CONTENT
We take reasonable care to keep this website accurate and current, but we
do not warrant that it is.
5.1 Specifications, weights, dimensions, finishes, electronics,
hardware and feature descriptions are frequently supplied by
manufacturers, distributors or consignors and are reproduced in
good faith. Manufacturers change specifications without notice.
5.2 Photographs are representative. Wood grain, figuring, finish
shade, hardware tint and relic'ing vary between individual
instruments, and colour reproduction varies between screens. No
photograph constitutes a warranty of exact appearance except where
the listing states that the photographs are of the specific unit
offered for sale.
5.3 Stock levels shown on this website are indicative. Display of an
item does not constitute a representation that it is in stock or
available.
5.4 Pricing errors are dealt with in clause 4 of our Terms and
Conditions of Sale. Display of a price on this website is an
invitation to do business and not an offer.
5.5 Content on this website may be out of date at any given moment and
we are under no obligation to update it.
6. GEAR ADVICE AND RECOMMENDATIONS
Any guidance, recommendation, comparison, tone description or suitability
opinion given on this website, by email, over WhatsApp, by telephone, on
social media or in person is offered as informed opinion to assist you in
making your own decision.
It is not a professional, technical or financial opinion, and it is not a
warranty that any product is fit for a particular purpose, will produce a
particular sound, will suit a particular playing style, room, rig or
recording context, or will be compatible with any other equipment.
The decision to purchase remains yours. Where you require certainty of
compatibility or fitness for a specific purpose, tell us in writing before
you order and we will confirm in writing whether we are able to give that
assurance for that purchase.
Nothing in this clause limits your rights under sections 55 and 56 of the
Consumer Protection Act in respect of goods that are not of good quality,
not in good working order, or not free of defects.
7. LINKS AND THIRD-PARTY CONTENT
This website may link to, or embed content from, third-party websites,
platforms and services. We do not control them, we do not endorse them,
and we are not responsible for their content, products, services,
availability, security or privacy practices. Links are provided for
convenience only. Your use of any third-party website is at your own risk
and subject to that party's own terms.
8. AVAILABILITY AND SECURITY
8.1 We do not warrant that this website will be available
uninterrupted, error-free or secure, or that defects will be
corrected. Access may be suspended, withdrawn or restricted at any
time without notice, including for maintenance, upgrade or
security reasons.
8.2 We are not liable for any loss arising from the unavailability of
this website, from any failure or delay in transmission, or from
any interruption to a transaction in progress.
8.3 You are responsible for the security of your own device,
connection, account credentials and antivirus protection. While we
take reasonable technical measures, we do not warrant that this
website or any transmission from it is free of viruses or other
harmful code.
8.4 You are responsible for keeping your account password
confidential and for all activity under your account. Notify us
immediately at info@echowavemusic.co.za if you believe your
account has been accessed without your authority.
9. CONTENT YOU SUBMIT
This clause applies to reviews, ratings, comments, photographs,
descriptions, enquiries and any other material you submit to us or post
on this website, including material submitted when offering an instrument
for trade-in, consignment or sale through The Exchange.
9.1 You warrant that you own the material or have the right to submit
it, that it is accurate, and that it does not infringe any third
party's rights or contain unlawful, defamatory, offensive or
misleading content.
9.2 You grant us a perpetual, irrevocable, royalty-free, worldwide,
transferable licence to use, reproduce, adapt, publish and display
that material for the purposes of operating and promoting our
business, including in listings, catalogues, marketing and social
media, with or without attribution.
9.3 We may edit, refuse to publish or remove any submitted material at
our discretion and without notice or reason.
9.4 We do not endorse and are not responsible for material submitted
by users. Opinions expressed in reviews are those of their authors.
10. LIMITATION OF LIABILITY
10.1 To the fullest extent permitted by law, we are not liable for any
indirect, incidental, special, punitive or consequential loss, or
for any loss of profit, revenue, income, anticipated savings,
business, goodwill, opportunity, data or use, arising from or in
connection with this website or its content, whether in contract,
delict or otherwise, and whether or not we were advised of the
possibility of such loss.
10.2 Where we are liable, our total aggregate liability arising from or
in connection with your use of this website is limited to the
amount you paid to us in the transaction giving rise to the claim,
or R1,000, whichever is the greater.
10.3 We are not liable for any loss caused by circumstances beyond our
reasonable control, including load shedding, power failure,
network or hosting failure, cyber-attack, strike, civil unrest,
fire, flood, import restriction, customs delay, courier failure or
act of government.
10.4 NOTHING IN THIS NOTICE EXCLUDES OR LIMITS OUR LIABILITY FOR:
(a) death or personal injury caused by our gross negligence;
(b) fraud or fraudulent misrepresentation;
(c) liability for harm caused by unsafe or defective goods under
section 61 of the Consumer Protection Act; or
(d) any other liability that cannot lawfully be excluded or
limited.
Your rights under the Consumer Protection Act are not affected by
this notice, and any provision of this notice that purports to
waive or limit a right conferred on you by that Act is void to the
extent of that inconsistency and severable from the rest.
11. INDEMNITY
You indemnify us against any claim, demand, loss, damage, cost or expense
(including reasonable legal costs on an attorney and own client scale)
suffered by us as a result of your breach of this notice, your unlawful
use of this website, or any material you submit under clause 9.
12. PRIVACY AND PERSONAL INFORMATION
Our collection and processing of personal information is governed by our
Privacy Policy, which is incorporated into this notice by reference.
13. GOVERNING LAW AND JURISDICTION
13.1 This notice and your use of this website are governed by the law
of the Republic of South Africa.
13.2 You consent, in terms of section 45 of the Magistrates' Courts Act
32 of 1944, to the jurisdiction of the Magistrate's Court having
jurisdiction over us in respect of any proceedings arising from
this notice or your use of this website, notwithstanding that the
amount in dispute may exceed that court's ordinary monetary
jurisdiction. This does not prevent us from instituting
proceedings in any other court of competent jurisdiction.
13.3 Nothing in this clause limits your right to refer a matter to the
Consumer Goods and Services Ombud, the National Consumer
Commission or the National Consumer Tribunal.
14. GENERAL
14.1 If any provision of this notice is found to be unenforceable, that
provision is severed and the remainder continues in force.
14.2 Our failure to enforce any provision is not a waiver of it, and no
waiver is effective unless in writing and signed by a director.
14.3 We may amend this notice at any time by posting a revised version
on this website. The version in force at the time of your use of
this website applies to that use.
15. CONTACT
ECHO WAVE MUSIC (PTY) LTD
153 Ontdekkers Road, Horison Park, Roodepoort, 1724
info@echowavemusic.co.za
+27 79 857 0779
Last updated: 11 September 2026