Terms of service
TERMS AND CONDITIONS OF SALE AND WEBSITE USE
IMPORTANT — PLEASE READ
These terms contain provisions that limit our liability and that place
risk on you. Your attention is specifically drawn to clauses 6, 7, 9, 16
and 17, in accordance with section 49 of the Consumer Protection Act 68
of 2008. By placing an order 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. WHO WE ARE
EchoWave Music is the trading name of ECHO WAVE MUSIC (PTY) LTD, a
private company registered in the Republic of South Africa under
registration number 2020/482460/07, previously trading as Fouche Guitars.
Trading address: 153 Ontdekkers Road, Horison Park, Roodepoort, 1724
Registered office: 37 Korundum Avenue, Roodekrans
Telephone: 079 857 0779
Email: info@echowavemusic.co.za
Website: echowavemusic.co.za
VAT number: 4790304135
"We", "us" and "our" refer to EchoWave Music. "You" refers to the person
using our website or buying from us.
2. ABOUT THESE TERMS
2.1 These terms apply when you use our website and when you buy goods
or services from us, in store or online. They are made available to you
before you place an order, as required by the Electronic Communications
and Transactions Act 25 of 2002.
2.2 Our Returns, Refunds and Cancellations Policy, our Purchase Options
Cancellation Policy, our Shipping and Delivery Policy, our Legal Notice
and our Privacy Policy form part of these terms. Where a specific
written agreement is signed between us — a consignment agreement, a
repair authorisation, a lay-by or a special-order confirmation — that
agreement takes precedence over these terms to the extent of any
conflict.
2.3 Nothing in these terms limits, excludes or waives any right you
have under the Consumer Protection Act 68 of 2008 ("CPA"), the ECTA, or
any other law. Where any provision would have that effect, it does not
apply to the extent that it would, and is severable from the rest.
2.4 We may change these terms. The version published on our website
when you place an order is the version that applies to that order.
3. WHEN A SALE IS CONCLUDED
3.1 Product listings, prices, advertisements and quotations on our
website are an invitation to do business. They are not an offer capable
of acceptance.
3.2 When you place an order you are making an offer to buy. No contract
comes into existence between us until we accept your order.
3.3 We accept your order when we send you a written order acceptance,
or when we dispatch or hand over the goods, whichever happens first. An
automated order acknowledgement or payment receipt is not an acceptance.
3.4 We may decline any order, in whole or in part. Reasons include
that the goods are unavailable, that the price or description was
incorrect, that we cannot verify your details, that payment is not
authorised, or that the order appears to be placed for resale.
3.5 If we decline an order after you have paid, we will refund the
amount paid in full, without penalty, within 10 business days.
4. PRICES AND ERRORS
4.1 Prices are in South African Rand and include VAT where applicable.
Delivery charges are shown separately before you complete an order.
4.2 Prices may change at any time before we accept your order.
4.3 Our website carries several thousand products. Despite reasonable
care, errors in price, description, specification, image or availability
can occur. Where an error is inadvertent and would reasonably have been
apparent to you, we are not bound by it and may decline or cancel the
order under clause 3.4, refunding you in full.
4.4 We will tell you promptly if this happens and give you the option
of proceeding at the corrected price.
5. QUOTATIONS, SPECIAL ORDERS AND IMPORTS
5.1 Written quotations are valid for 7 calendar days from the date of
issue unless the quotation states otherwise. After that they lapse and
must be reconfirmed.
5.2 A special order is an item we do not ordinarily hold in stock and
which we order in specifically at your request. Special orders require a
deposit and are governed by our Purchase Options Cancellation Policy.
5.3 Lead times quoted for imported, back-ordered, pre-ordered and
special-order goods are estimates supplied to us by manufacturers,
distributors, freight forwarders and clearing agents. They are given in
good faith and are not guaranteed. We are not liable for any loss arising
from a delay in the arrival of imported goods, including delay caused by
factory scheduling, shipping, air or sea freight, customs, clearing or
port congestion.
5.4 Prices for imported goods are calculated on the exchange rate,
freight cost, insurance, duty and clearing charges applicable at the time
of quotation. If any of these change materially before we accept your
order or before the goods are cleared, we will notify you of the revised
price. You may then either accept the revised price in writing or cancel
the order in accordance with our Purchase Options Cancellation Policy.
We will not supply at the revised price without your written agreement.
5.5 Where an order is placed for goods to your specification,
personalised, or built to a non-standard configuration, the seven-day
cooling-off right in section 44 of the ECTA does not apply, by operation
of section 42(2) of that Act.
6. PAYMENT AND OWNERSHIP
6.1 Ownership of the goods remains with us until we have received
payment of the full purchase price in cleared funds. Until that time you
hold the goods on our behalf, you may not sell, pledge, encumber or part
with possession of them, and we may recover them.
6.2 Risk in the goods passes to you on delivery to you or your nominated
recipient, or on collection, whichever occurs first. Clause 6.1 and this
clause operate independently: risk may pass to you before ownership does.
6.3 We accept the payment methods shown at checkout and in store. An
order is not treated as paid until the funds reflect in our account.
6.4 Where we have granted you payment terms, amounts not paid on the due
date bear interest at the maximum rate permitted by law from the due date
until payment, and we may suspend further supply.
6.5 You may not withhold or set off any amount owing to us against any
claim you may have against us.
6.6 All costs we incur in recovering an overdue amount, including
collection charges and legal costs on an attorney and own client scale,
are recoverable from you.
7. DELIVERY, COLLECTION AND RISK
7.1 Delivery is governed by our Shipping and Delivery Policy.
7.2 Delivery dates and time windows are estimates. Time is not of the
essence unless we have agreed a specific delivery date with you in
writing.
7.3 You must inspect the goods on delivery or collection. Damage in
transit, shortages and incorrect items must be reported to us in writing
within 48 hours of delivery, with photographs of the packaging and the
goods, as set out in our Returns, Refunds and Cancellations Policy.
This clause does not affect your rights in respect of defects under
sections 55 and 56 of the CPA.
7.4 If delivery fails because nobody is available at the address, the
address given was incorrect or incomplete, or access is refused, any
redelivery is at your cost.
7.5 Goods available for collection must be collected within 14 calendar
days of our written notice that they are ready. After that we may charge
a reasonable storage fee, and clause 9.6 applies.
8. RETURNS, REFUNDS AND CANCELLATIONS
Returns, refunds, cancellations, defects, warranties and special-order
deposits are governed by our Returns, Refunds and Cancellations Policy
and our Purchase Options Cancellation Policy, both of which form part of
these terms. Nothing in those policies limits your rights under sections
55, 56 or 61 of the CPA.
9. REPAIRS, SERVICING AND SETUPS
9.1 We will not carry out any repair, service, setup or modification
without your prior authorisation, as required by section 15 of the CPA.
9.2 Where an estimate is required we will provide one before work
begins. We may charge a reasonable assessment fee for preparing an
estimate, which is disclosed to you before assessment and credited
against the repair cost if you proceed.
9.3 If, during the work, it becomes apparent that additional work or
parts are required, we will stop and obtain your authorisation for the
additional cost before continuing. Where we are unable to reach you, work
is suspended and clause 7.5 applies to the period of delay.
9.4 Estimated turnaround times are estimates. Work dependent on parts
sourced from a supplier, distributor or manufacturer, whether local or
imported, is subject to that party's lead times.
9.5 Our workmanship is guaranteed for 3 months from the date of
collection, in respect of the specific work performed. This guarantee
does not cover fair wear and tear, string wear, changes caused by
humidity or temperature, subsequent damage, or work performed by anyone
else.
9.6 We have a lien over any instrument or equipment in our possession
for all amounts owing to us in respect of that item. We may retain the
item until payment is made in full. Items not collected within 30
calendar days of our written notice that the work is complete attract a
reasonable storage fee. Where an item remains uncollected and unpaid for
more than 6 months after that notice, we may exercise our lien and deal
with the item in accordance with law, after giving you written notice at
your last known address and email.
9.7 Instruments and equipment left with us are covered by our insurance
against fire and theft on our premises to the value we reasonably
attribute to them. If you require cover at a higher stated value, tell us
in writing when you leave the item with us.
10. TRADE-IN AND CONSIGNMENT (THE EXCHANGE)
10.1 Trade-in offers and consignment arrangements are governed by the
separate written agreement we conclude with you for that item. That
agreement prevails over these terms to the extent of any conflict.
10.2 You warrant that you are the lawful owner of any item you offer to
us for trade-in, consignment or sale, that it is free of any lien,
encumbrance or instalment agreement, and that it is not the proceeds of
any unlawful activity. You indemnify us against any claim arising from a
breach of this warranty.
10.3 We may require proof of identity, proof of purchase and serial
number verification before accepting an item.
10.4 Consigned items remain the property of the consignor until sold.
Risk in a consigned item on our premises is dealt with in clause 9.7.
11. LESSONS AND TUITION
Lesson bookings, fees, rescheduling and cancellation are governed by our
Purchase Options Cancellation Policy. Where a student is under 18, the
parent or guardian contracts with us and is responsible for payment.
12. GIFT CARDS AND STORE CREDIT
12.1 Gift cards and store credit issued by us are valid for 3 years from
the date of issue, in accordance with section 63 of the CPA.
12.2 Gift cards and store credit are not redeemable for cash and cannot
be exchanged for a cash refund.
12.3 Store credit issued in place of a refund under our Returns, Refunds
and Cancellations Policy is subject to that policy and to this clause.
12.4 We are not responsible for a gift card that is lost, stolen or used
without your authority, unless the loss is due to our fault.
13. USE OF OUR WEBSITE
Your use of our website, including our intellectual property, the
accuracy of content, availability, links to third-party sites, and
material you submit to us, is governed by our Legal Notice, which forms
part of these terms.
14. PRIVACY
We process personal information in accordance with our Privacy Policy and
the Protection of Personal Information Act 4 of 2013. Our PAIA Manual is
published on our website.
15. NOTICES
15.1 Notices to you are validly given if sent to the email address or
physical address you provided when placing your order or opening your
account.
15.2 Ordinary notices to us should be sent to info@echowavemusic.co.za.
15.3 Legal notices, letters of demand and court process are validly
served on us only by delivery to our registered office at 37 Korundum
Avenue, Roodekrans, Roodepoort, which we choose as our domicilium
citandi et executandi. Service by email, WhatsApp, social media or our
website contact form is not valid service.
16. EVENTS BEYOND OUR CONTROL
We are not liable for any failure or delay in performing our obligations
caused by circumstances beyond our reasonable control, including load
shedding, power or network failure, hosting or payment-gateway failure,
cyber-attack, strike or labour unrest, civil unrest, fire, flood, extreme
weather, epidemic, import restriction, customs or port delay, courier
failure, currency controls or any act of government. Where such an event
continues for more than 30 days and materially affects your order, either
of us may cancel the affected part of the order and we will refund any
amount you have paid for goods not supplied.
17. LIABILITY
17.1 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, performance fee, session fee, data or use, arising from or
in connection with any goods or services supplied by us, whether in
contract, delict or otherwise, and whether or not we were advised of the
possibility of such loss.
17.2 Where we are liable, our total aggregate liability in respect of
any order is limited to the amount you paid to us for the goods or
services giving rise to the claim.
17.3 NOTHING IN THESE TERMS 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 CPA; or
(d) any other liability that cannot lawfully be excluded or limited.
17.4 Your rights under the CPA, including the right to goods that are
of good quality, in good working order and free of defects under section
55, and the remedies available to you under section 56, are not affected
by this clause.
18. COMPLAINTS
Complaints are handled in accordance with the procedure set out on our
Contact Information page, which includes referral to the Consumer Goods
and Services Ombud and the National Consumer Commission. Referral of a
complaint to an ombud, regulator or tribunal does not suspend or extend
any time period stated in these terms or in our other policies.
19. GENERAL
19.1 These terms, together with the policies incorporated into them and
our written order acceptance, constitute the entire agreement between us
in respect of your order, and replace any prior discussion,
representation, quotation or understanding.
19.2 Only a written communication issued by a director from our official
email address, or a signed document on our letterhead, varies these terms.
Statements made verbally, by telephone, over WhatsApp, in store, on social
media or by any member of staff do not vary these terms.
19.3 Our failure to enforce any provision is not a waiver of it.
19.4 If any provision is found to be unenforceable, it is severed and
the remainder continues in force.
19.5 You may not cede or assign your rights under these terms without
our written consent. We may cede our rights and delegate our obligations
in connection with a sale or restructure of our business.
19.6 These terms are governed by the law of the Republic of South
Africa. 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, notwithstanding that the amount in dispute may
exceed that court's ordinary monetary jurisdiction. This does not limit
your right to refer a matter to the Consumer Goods and Services Ombud,
the National Consumer Commission or the National Consumer Tribunal, and
does not prevent us from instituting proceedings in any other court of
competent jurisdiction.
Last updated: 11 September 2026
ECHO WAVE MUSIC (PTY) LTD
info@echowavemusic.co.za | +27 79 857 0779
153 Ontdekkers Road, Horison Park, Roodepoort, 1724