Phonefast Shop Website Terms & Conditions

 

TABLE OF CONTENTS

1        INTERPRETATION. 1

2        introduction. 3

3        CONSUMER PROTECTION ACT. 3

4        RETURNS. 4

5        REGISTRATION AND USE OF THE WEBSITE. 4

6        Conclusion of sales and availability of stock. 6

7        Payment. 7

8        Delivery of goods. 8

9        Errors. 8

10     Deals and other discounted Goods. 9

11     Privacy policy. 11

12     Electronic communications. 15

13     Ownership and copyright. 15

14     Disclaimer. 16

15     third party websites. 17

16     Limitation of liability. 18

17     Availability and termination OF WEBSITE. 18

18     DOMICILIUM AND NOTICES. 20

19     Complaints. 21

20     GENERAL. 22

21     GOVERNING LAW AND JURISDICTION. 23

 

ANNEXURES

Annexure A – RETURNS POLICY

 

  • INTERPRETATION

 

In these Terms and Conditions, clause headings are for convenience and shall not be used in its interpretation and, unless the context clearly indicates a contrary intention, ‑

 

  • a word or an expression which denotes ‑

 

  • any gender includes the other genders;

 

  • a natural person includes an artificial or juristic person and vice versa;

 

  • the singular includes the plural and vice versa;

 

  • the following words and expressions shall bear the meanings assigned to them below and cognate words and expressions bear corresponding meanings ‑

 

  • Business Day” ‑ any day which is not a Saturday, a Sunday or an official public holiday in South Africa;

 

  • CPA” ‑ the Consumer Protection Act No 68 of 2008;

 

  • Goods” – the goods for sale by PhoneFast on the Website, from time to time, which include electronic and mobile devices and accessories;

 

  • PhoneFast” – Phone Fast Proprietary Limited (registration number 2011/108716/07), a private company with limited liability, duly incorporated in South Africa;

 

  • Parties” ‑ collectively, PhoneFast and the User, as the case may be and “Party” shall mean either of them, as the context may require;

 

  • Registered User” – a User who registers as a registered user on the Website as contemplated in 5;

 

  • Returns Policy” – the returns policy attached hereto, marked Annexure A;

 

  • South Africa” ‑ the Republic of South Africa;

 

  • Terms and Conditions” – these written Terms and Conditions which govern the ordering, sale and delivery of Goods and the use of the Website, together with the Returns Policy, each as amended from time to time;

 

  • User” – a person that accesses or uses the Website, including a Registered User;

 

  • Website” – the website owned and operated by PhoneFast which can be accessed at shop.phonefast.co.za;

 

  • any reference to any statute, regulation or other legislation shall be a reference to that statute, regulation or other legislation as amended or substituted from time to time;

 

  • if any provision in a definition is a substantive provision conferring a right or imposing an obligation on either Party then, notwithstanding that it is only in a definition, effect shall be given to that provision as if it were a substantive provision in the body of these Terms and Conditions;

 

  • where any term is defined within a particular clause other than this 1, that term shall bear the meaning ascribed to it in that clause wherever it is used in these Terms and Conditions;

 

  • where any number of days is to be calculated from a particular day, such number shall be calculated as excluding such particular day and commencing on the next day. If the last day of such number so calculated falls on a day which is not a Business Day, the last day shall be deemed to be the next succeeding day which is a Business Day;

 

  • any reference to days (other than a reference to Business Days), months or years shall be a reference to calendar days, calendar months or calendar years, respectively; and

 

  • the use of the word “including“, “includes” or “include” followed by a specific example/s shall not be construed as limiting the meaning of the general wording preceding it and the eiusdem generis rule shall not be applied in the interpretation of such general wording or such specific example/s.

 

  • introduction

 

  • The Website enables a User to shop online for Goods.

 

  • These Terms and Conditions govern the ordering, sale and delivery of Goods, and the use of the Website by Users.

 

  • These Terms and Conditions are binding and enforceable against every User.

 

  • By using the Website and by clicking on the “Register Now” button on the Website, as may be applicable, the User acknowledges that he/she has read and agreed to be bound by these Terms and Conditions.

 

  • CONSUMER PROTECTION ACT

 

  • These Terms and Conditions apply to Users who are consumers for purposes of the CPA.

 

  • These Terms and Conditions contain provisions that appear in similar text and style to this clause 2 and which –

 

  • may limit the risk or liability of PhoneFast or a third party; and/or

 

  • may create risk or liability for the User; and/or

 

  • may compel the User to indemnify PhoneFast or a third party; and/or

 

  • serves as an acknowledgement, by the user, of a fact.

 

  • The Users attention is drawn to these Terms and Conditions because they are important and should be carefully noted.

 

  • If there is any provision in these Terms and Conditions that the User does not understand, it is the User’s responsibility to ask PhoneFast to explain it to the User before the User accepts these Terms and Conditions or continues using the Website.

 

  • Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either the User or PhoneFast in terms of the CPA.

 

  • PhoneFast permits the use of this Website subject to these Terms and Conditions. By using the Website in any way, the User shall be deemed to have unconditionally accepted these Terms and Conditions. The User must not use the Website if the User does not agree to these Terms and Conditions.

 

  • RETURNS

 

The User is referred to the Returns Policy for more information concerning the return of Goods (and related refunds, replacements or repairs).

 

  • REGISTRATION AND USE OF THE WEBSITE

 

  • Only Registered Users may order Goods on the Website.

 

  • To become a Registered User, the User must provide a unique username and password and provide certain information and personal details to PhoneFast. He User will need to use his/her unique username and password to access the Website in order to purchase Goods.

 

  • The User agrees and warrants that his/her username and password shall ‑

 

  • be used for personal use only; and

 

  • not be disclosed by the User to any third party.

 

  • For security purposes the User agrees to enter the correct username and password whenever ordering Goods, failing which the User will be denied access.

 

  • The User agrees that, once the correct username and password relating his/her account has been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, the User will be liable for payment of such order, save where the order is cancelled by the User in accordance with these Terms and Conditions.

 

  • The User agrees to notify PhoneFast immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of the User‘s username and password and to take steps to mitigate any resultant loss or harm.

 

  • By using the Website the User warrants that he/she is 18 years of age or older and of full legal capacity. If the User is under the age of 18 or not legally permitted to enter into a binding agreement, then the User may only use the Website with the involvement and supervision of the User‘s parent or legal guardian. If the User‘s parent or legal guardian supervises him/her and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for the User and all the User‘s obligations under these Terms and Conditions.

 

  • The User agrees that he/she will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, the User agrees that he/she will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised PhoneFast representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).

 

  • The User may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.

 

  • The User may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised PhoneFast representative.

 

  • Conclusion of sales and availability of stock

 

  • Registered Users may place orders for Goods, which PhoneFast may accept or reject. Whether or not PhoneFast accepts an order depends on the availability of Goods, correctness of the information relating to the Goods, including the price, and receipt of payment or payment authorisation by PhoneFast for the Goods.

 

  • PhoneFast will indicate the acceptance of the User‘s order by delivering the Goods to the User or allowing the User to collect the Goods and only at that point will an agreement of sale between the User and PhoneFast come into effect (the Sale). This is regardless of any communication from PhoneFast stating that the User‘s order or payment has been confirmed. PhoneFast will indicate the rejection of the User‘s order by cancelling it and, as soon as possible thereafter, refunding the User for any amount already paid.

 

  • Prior to delivery or the collection of the Goods, the User may cancel an order at any time provided that the User does so before receiving a dispatch or delivery notice. After delivery or collection of the Goods, the User may return the Goods only in accordance with the Returns Policy.

 

  • Placing Goods in a wishlist or shopping basket without completing the purchase cycle does not constitute an order for such Goods, and as such, Goods may be removed from the shopping basket if stock is no longer available or the price thereof might change without notice to the User. The User cannot hold PhoneFast liable if such Goods are not available or are not available at the particular price when the User completed or attempted to complete the purchase cycle at a later stage.

 

  • The User acknowledges that stock of all Goods on offer is limited and that pricing may change at any time without notice to the User. PhoneFast will use its reasonable endeavours to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, PhoneFast cannot guarantee the availability of stock. When Goods are no longer available after the User has placed an order, PhoneFast will notify the User and the User will be entitled to a refund of any amount already paid by the User for such Goods.

 

  • Certain Goods may not be purchased for re-sale. Should PhoneFast suspect that any such Goods are being purchased for the purposes of re-sale, PhoneFast is entitled to cancel the User’s order immediately on notice to the User.

 

  • Payment

 

  • PhoneFast is committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.

 

  • Payment can be made for Goods by using the following payment methods –

 

  • debit card;

 

  • credit card; and

 

  • direct bank deposit or electronic funds transfer.

 

  • Where payment is made by credit card, PhoneFast may require additional information in order to authorise and/or verify the validity of payment. In such cases PhoneFast are entitled to withhold delivery until such time as the additional information is received by PhoneFast and authorisation is obtained by PhoneFast for the amounts. If PhoneFast does not receive authorisation the User’s order for the Goods will be cancelled. The User warrants that he/she is fully authorised to use the credit card supplied for purposes of paying for the Goods. The User also warrants that his/her credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website.

 

  • Where payment is made by direct bank deposit or electronic funds transfer, payment must be made within 5 days of the User placing the order. PhoneFast will not accept the User’s order if payment has not been received.

 

  • The User may contact PhoneFast via the PhoneFast Contact page to obtain a full record of the User’s payment. PhoneFast will also send the User e-mail communication about the User’s order and payment.

 

  • Once the User has selected his/her payment method (save for direct bank deposit), the User will be directed to a link to a secure site for the processing of payment of the purchase price for the applicable Goods.

 

  • Delivery of goods

 

  • PhoneFast offers delivery via courier only.

 

  • PhoneFast’s delivery charges are subject to change at any time, without prior notice to the User. The applicable delivery charges will be displayed in the User’s shopping cart when the User proceeds to check out.

 

  • Where the User’s order is accepted by PhoneFast, PhoneFast will deliver the Goods to the User as soon as reasonably possible, but no later than 30 days of receipt of the User’s payment (Delivery Period). PhoneFast will notify the User if PhoneFast is unable to deliver the Goods during the Delivery Period. The User may then, within 7 days of receiving such notification elect whether or not to cancel his/her order for the Goods. If the User elects to cancel his/her order, PhoneFast will reimburse the User for the purchase price.

 

  • PhoneFast’s obligation to deliver a product to the User is fulfilled when PhoneFast delivers the product to the physical address nominated by the User for delivery of the order. PhoneFast is not responsible for any loss or unauthorised use of a product, after it has delivered the product to the physical address nominated by the User.

 

  • Errors

 

  • PhoneFast shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to PhoneFast’s gross negligence), PhoneFast 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 User for any amount already paid, or otherwise as set out in the Returns Policy.

 

  • PhoneFast shall not be bound by any incorrect information regarding the Goods displayed on any third party websites.

 

  • Deals and other discounted Goods

 

  • PhoneFast may, from time to time, offer certain Goods at discounted prices as part of a “Countdown Deal, Bundle Deal or any other temporary deal which are explained below (each, a Deal). These will be subject to certain conditions (as set out in these Terms and Conditions and/or the Website), which define the scope of the Deal. If the User buys any Goods within the scope of a Deal, the User will pay the discounted price for such Goods (the Deal Price).

 

  • If the User buys Goods in a manner that falls outside of the scope of a Deal, then the User will pay the then current (non-Deal) selling price on the Website (the Normal Price), for each product that falls outside the scope of the Deal. For example: if the User buys more than one product in a Countdown Deal, the User will pay the Deal Price for the first product, but the Normal Price for all products thereafter. Alternatively, if the User buys a product in combination with any other products that together do not constitute a Bundle Deal, the User will pay the Normal Price for all such products falling outside the scope of the relevant Deal.

 

  • Countdown Deals

 

  • At PhoneFast’s discretion, countdown Deals (Countdown Deals) are available for the period stipulated on the Website next to the relevant Goods. In addition, Countdown Deals have a stock limit and may expire earlier if stock runs out.

 

  • Countdown Deal quantities are limited and as such, after stock in respect of a Countdown Deal is sold out, those particular Goods may be available on the Website at their normal selling prices (but no longer as a Countdown Deal).

 

  • PhoneFast does not guarantee a specific saving. The extent of the Countdown Deal or discount is at the sole discretion of PhoneFast.

 

  • Only one of each Countdown Deal may be purchased per customer.

 

  • Adding a Countdown Deal to the User’s cart, or completing the User’s order for a Countdown Deal without paying for it, does not reserve the item for the User. PhoneFast must receive payment from the User within 24 hours of the User placing his/her order for a Countdown Deal, otherwise PhoneFast will cancel the User’s order.

 

  • PhoneFast will reserve stock for customers in the order in which it receives payment. Therefore if the User pays via EFT, the User might not get his/her item because PhoneFast may only receive payment from the User a few days later, and in the meantime the Countdown Deal may sell out to customers who pay immediately (i.e. via credit card).

 

  • Bundle Deals

 

  • PhoneFast may, from time to time, offer bundle deals for sale under the Bundle Deals tab on the Website (Bundle Deals). Each Bundle Deal will consist of two or more products that PhoneFast have combined together in a single bundle.

 

  • Any saving or discount resulting from purchasing a Bundle Deal instead of its component products separately may be applied to any of the component products individually in PhoneFast’s sole discretion. The actual purchase price (after applying any applicable saving or discount) of each component product will be communicated to the User upon checkout and reflected in the User’s order history. This is relevant to the amount that would be refunded to the User, if the User were to return any product in a Bundle Deal for a refund, in accordance with our Returns Policy.

 

  • A Bundle Deal should be distinguished from a pre-packed bundle compiled by PhoneFast’s suppliers and supplied to PhoneFast as a single unit (Prepacked Bundles). Any saving or discount in respect of a Pre‑packed Bundle will be applied only to the total bundle price and not to the prices of the individual component products. Please refer to the Returns Policy for information about returning a Pre-packed Bundle.

 

  • Privacy policy

 

  • PhoneFast respects the privacy of each User and will take reasonable measures to protect it, as more fully detailed below.

 

  • Should a User decide to register as a Registered User on the Website, PhoneFast may require the User to provide PhoneFast with personal information which includes, the User’s name and surname, email address, physical address, gender, mobile number and date of birth.

 

  • Should the User’s personal information change, the User undertakes to inform PhoneFast and provide PhoneFast with updates to his/her personal information as soon as reasonably possible to enable PhoneFast to update the User’s personal information.

 

  • The User may choose to provide additional personal information to PhoneFast, in which event the User agrees to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent his/her affiliation with anyone or anything.

 

  • Subject to 6, PhoneFast shall not, without the express consent of the User ‑

 

  • use the User’s personal information for any purpose other than as set out below –

 

  • in relation to the ordering, sale and delivery of Goods;

 

  • to contact the User regarding current or new Goods or services or any other goods offered by PhoneFast (unless the User has opted‑out from receiving marketing material from PhoneFast);

 

  • to inform the User of new features, special offers and promotional competitions offered by PhoneFast (unless the User has opted‑out from receiving marketing material from us); and

 

  • to improve PhoneFast’s product selection and the User’s experience on the Website by, for example, monitoring the User’s browsing habits, or tracking the User’s purchases on the Website; or

 

  • disclose the User’s personal information to any third party other than as set out below –

 

  • to the employees of PhoneFast and/or third party service providers who assist PhoneFast to interact with the User via the Website, e-mail or any other method, for the ordering of Goods or when delivering Goods to the User, and thus need to know the User’s personal information in order to assist PhoneFast to communicate with the User properly and efficiently;

 

  • to PhoneFast’s affiliates and/or partners (including their employees and/or third party service providers) in order for them to interact directly with the User via e-mail or any other method for purposes of sending the User marketing material regarding any current or new goods or services, new features, special offers or promotional items offered by them (unless the User has opted‑out from receiving marketing material from PhoneFast);

 

  • to law enforcement, government officials, fraud detection agencies or other third parties when PhoneFast believes, in good faith, that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity, or to investigate violations of these Terms and Conditions;

 

  • to PhoneFast’s service providers who help with parts of PhoneFast’s business operations (fraud prevention, marketing, technology services etc). PhoneFast’s service providers may only use the User’s information in connection with the services they perform for PhoneFast and not for their own benefit; and

 

  • to PhoneFast’s suppliers in order for them to liaise directly with the User regarding any faulty Goods the User has purchased which requires their involvement.

 

  • PhoneFast is entitled to use or disclose the User’s personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on PhoneFast, or to protect and defend PhoneFast’s rights or property. In the event of a fraudulent online payment, PhoneFast is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.

 

  • PhoneFast will ensure that all of its employees, third party service providers, affiliates and partners (including their employees and third party service providers) having access to the User’s personal information are bound by appropriate and legally binding confidentiality obligations in relation to the User’s personal information.

 

  • When the User provides a rating or review of a Product, the User consents to PhoneFast using that rating or review as PhoneFast deems fit, including without limitation on the Website, in newsletters or other marketing material. The name that will appear next to that rating or review will be the User’s first name, as provided by the User upon registration. If the User does not agree to this, the User is advised to not put any ratings or reviews on the Website. PhoneFast will not display the User’s last name, nor any of the User’s contact details, with a rating or review.

 

  • PhoneFast undertakes to –

 

  • treat the User’s personal information as strictly confidential, save where PhoneFast is entitled to share it as set out in this policy;

 

  • take appropriate technical and organisational measures to ensure that the User’s personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;

 

  • provide the User with access to the User’s personal information to view and/or update personal details;

 

  • promptly notify the User if PhoneFast becomes aware of any unauthorised use, disclosure or processing of the User’s personal information;

 

  • provide the User with reasonable evidence of PhoneFast’s compliance with PhoneFast’s obligations under this policy on reasonable notice and request; and

 

  • upon the request of the User, promptly return or destroy any and all of the User’s personal information in PhoneFast’s possession or control, save for that which PhoneFast is legally obliged to retain.

 

  • PhoneFast will not retain the User’s personal information longer than the period for which it was originally needed, unless PhoneFast are required by law to do so, or the User consents to PhoneFast retaining such information for a longer period.

 

  • PhoneFast undertakes never to sell or make the User’s personal information available to any third party other than as provided for in this policy.

 

  • Whilst PhoneFast will do all things reasonably necessary to protect the User’s rights of privacy, PhoneFast cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of the User’s personal information, whilst in PhoneFast’s possession, made by third parties who are not subject to our control, unless such disclosure is as a result of PhoneFast’s gross negligence.

 

  • If the User discloses his/her personal information to a third party, such as an entity which operates a website linked to this Website or anyone other than PhoneFast, PhoneFast shall not be liable for any loss or damage, howsoever arising, suffered by the User as a result of the disclosure of such information to the third party. This is because PhoneFast does not regulate or control how that third party uses the User’s personal information. The User should always ensure that he/she reads the privacy policy of any third party.

 

  • The Website makes use of Cookies to automatically collect information and data through the standard operation of the Internet servers. Cookies are small text files a website can use (and which PhoneFast may use) to recognise repeat users, facilitate a user’s on-going access to and use of a website and allow a website to track usage behaviour and compile aggregate data that will allow the website operator to improve the functionality of the website and its content, and to display more focused advertising to a user by way of third party tools. The type of information collected by Cookies is not used to personally identify the User. If the User does not want information collected through the use of Cookies, there is a simple procedure in most browsers that allows the User to deny or accept the cookie feature. Please note that Cookies may be necessary to provide the User with certain features available on the Website, and thus if the User disables the Cookies on his/her browser the User may not be able to use those features, and the User’s access to the Website will therefore be limited. If the User does not disable Cookies, the User is deemed to consent to PhoneFast’s use of any personal information collected using those Cookies, subject to the provisions of this 11.

 

  • Electronic communications

 

When the User visits the Website or sends e-mails to PhoneFast, the User consents to receiving communications from PhoneFast or any of PhoneFast’s affiliates or partners electronically in accordance with PhoneFast’s privacy policy as set out in 11.

 

  • Ownership and copyright

 

  • The contents of the Website, including any data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trademarks, designs and other marks which are displayed on or incorporated in this Website (Website Content) are protected by law, including but not limited to copyright and trademark law. The Website Content is the property of PhoneFast, its advertisers and/or sponsors and/or is licensed to PhoneFast.

 

  • The User will not acquire any right, title or interest in or to the Website or the Website Content.

 

  • Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law.

 

  • Where any Website Content has been licensed to PhoneFast or belongs to any third party, the User’s rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and the User agrees to comply with such third party’s terms and conditions.

 

  • Disclaimer

 

  • The use of the Website is entirely at the User’s own risk and the User assumes full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.

 

  • PhoneFast makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website.

 

  • PhoneFast disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with the User’s access to or use of the Website and/or any content therein unless otherwise provided by law.

 

  • Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided as is without warranty of any kind, either express or implied, including, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.

 

  • Any views or statements made or expressed on the Website are not necessarily the views of PhoneFast, its directors, employees and/or agents.

 

  • In addition to the disclaimers contained elsewhere in these Terms and Conditions, PhoneFast also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of the User’s computer system, computer network, hardware or software in any way. The User accepts all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or the User’s hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of PhoneFast, its employees, agents or authorised representatives. PhoneFast thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with the User’s access to or use of the Website.

 

  • third party websites

 

  • The Website may contain links or references to the websites of third parties (Third Party Websites), including those of advertisers, which are beyond the control of PhoneFast. These Terms and Conditions do not apply to those Third Party Websites and PhoneFast is not responsible for the practices and/or privacy policies of those Third Party Websites or the Cookies that those sites may use.

 

  • Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, the User’s use of such Third Party Websites is entirely at the User’s own risk and PhoneFast is not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from the User’s use of such Third Party Websites or the User’s reliance on any information contained thereon.

 

  • Limitation of liability

 

  • PhoneFast cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of PhoneFast, its employees, agents or authorised representatives. The User is encouraged to contact PhoneFast to report any possible malfunctions or errors via the PhoneFast Help page.

 

  • PhoneFast shall not be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from the User’s use of, or reliance upon, the Website or the content contained on the Website or the User’s inability to use the Website and/or unlawful activity on the Website and/or any Third Party Website.

 

  • The User hereby indemnifies PhoneFast against any loss, claim or damage which may be suffered by the User or any third party arising in any way from the User’s use of the Website and/or any Third Party Website.

 

  • Availability and termination OF WEBSITE

 

  • PhoneFast will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to the User.

 

  • PhoneFast may, in its sole and absolute discretion, terminate, suspend and/or modify this Website, with or without notice to the User. The User acknowledges and agrees that PhoneFast will not be liable to the User in the event that PhoneFast chooses to suspend, modify or terminate the Website, other than for processing any orders made by the User prior to such suspension, modification or termination, to the extent possible.

 

  • If the User fails to comply with his/her obligations under and in terms of these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, this may (in PhoneFast’s sole and absolute discretion and with or without notice to the User) lead to a suspension and/or termination of the User’s access to the Website without any prejudice to any claim for damages or otherwise that PhoneFast may have against the User.

 

  • PhoneFast is entitled, for purposes of preventing suspected fraud and/or where it suspects that the User is abusing the Website and/or has created multiple user profiles to take advantage of a promotion or Deal intended by PhoneFast to be used on a once-off basis by a User, to blacklist the User on its database (including suspending or terminating the User’s access to the Website), refuse to accept or process payment on any order, and/or to cancel any order concluded between the User and PhoneFast, in whole or in part, on notice to the User. PhoneFast shall only be liable to refund monies already paid by the User (see the Returns Policy in this regard), and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.

 

  • The User can elect to stop using the Website, at any time, with or without notice to PhoneFast.

 

  • DOMICILIUM AND NOTICES

 

  • The Parties choose domicilium citandi et executandi (“Domicilium“) for all purposes relating to these Terms and Conditions, including the giving of any notice, the serving of any process, as follows ‑

 

  • PhoneFast –

 

physical

PhoneFast

3G Mobile Offices

Cell C Campus

Waterfall Campus

CNR Maxwell Dr & Pretoria Rd

Buccleuch

Johannesburg

South Africa

2090

 

email Brett.rice@phonefast.co.za / finance@phonefast.co.za
     
attention Brett Rice

 

  • User ‑ the email address and physical address specified with the User’s order.

 

  • Either Party shall be entitled from time to time, by giving 7 days’ written notice to the other, to vary its physical Domicilium to any other physical address (not being a post office box or poste restante) in South Africa and to vary its email Domicilium to any other email address.

 

  • Any notice given or payment made by either Party to the other (“Addressee“) which is delivered by hand between the hours of 09:00 and 17:00 on any Business Day to the Addressee’s physical Domicilium for the time being shall be deemed to have been received by the Addressee at the time of delivery.

 

  • Any notice given by either Party to the other which is successfully transmitted by email to the Addressee’s email Domicilium for the time being (“Transmitted“) shall, if the notice is Transmitted ‑

 

  • by no later than 17:00 on a Business Day, be deemed (unless the contrary is proved by the Addressee) to have been received by the Addressee on that day;

 

  • after 17:00 on a Business Day or is Transmitted on a day which is not a Business Day, be deemed (unless the contrary is proved by the Addressee) to have been received by the Addressee on the next day which is a Business Day.

 

  • This 18 shall not operate so as to invalidate the giving or receipt of any written notice which is actually received by the Addressee other than by a method referred to in this 18.

 

  • Any notice in terms of or in connection with these Terms and Conditions shall be valid and effective only if in writing and if received or deemed to be received by the Addressee.

 

  • Complaints

 

  • PhoneFast is a participant under the Consumer Goods and Services Industry Code and are bound by it. An electronic copy of this Code is available at http://www.cgso.org.za/downloads/. If the User has a complaint about the goods or services provided by PhoneFast or require information regarding PhoneFast’s internal complaints-handling process, please get in touch with PhoneFast via the PhoneFast Help page on the Website or contact PhoneFast’s call centre on +27 (0)87 405 6996.

 

  • If PhoneFast does not resolve the User’s complaint within 15 Business Days of the User having notified PhoneFast of it, the User is entitled to approach the Consumer Goods and Services Ombud (CGSO), to assist in resolving the dispute. The CGSO’s contact details are –

 

Website: http://www.cgso.org.za/

Sharecall: 0860 000 272

E-mail: complaints@cgso.org.za

 

  • GENERAL

 

  • PhoneFast may, in its sole discretion, amend any provision of these Terms and Conditions at any time. It is the responsibility of the User to regularly check these Terms and Conditions and ensure that the User is satisfied with the amendments. Should the User not be satisfied, the User must not place any further orders on, or in any other way use, the Website. Any such amendments will only apply to the use of this Website after the amendments are displayed on the Website. If the User uses the Website after such amended Terms and Conditions have been displayed on the Website, the User will be deemed to have accepted such amendments.

 

  • These Terms and Conditions constitute the sole record of the agreement between the User and PhoneFast in relation to the subject matter hereof. Neither Party shall be bound by any express, tacit or implied term, representation, warranty, promise or the like not recorded herein. These Terms and Conditions supersede and replace all prior commitments, undertakings or representations, whether oral or written, between the Parties in respect of the subject matter hereof.

 

  • No addition to, variation, novation or agreed cancellation of any provision of these Terms and Conditions shall be binding upon the Parties unless reduced to writing and accepted by or on behalf of the Parties.

 

  • No waiver, indulgence or extension of time which either Party (“Grantor“) may grant to the other, nor any delay or failure by the Grantor to enforce, whether completely or partially, any of its rights, shall constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the Grantor in terms hereof, save in the event and to the extent that the Grantor has signed a written document expressly waiving or limiting such right.

 

  • The User shall not be entitled to cede, assign or otherwise transfer any of his/her rights and/or obligations in terms of these Terms and Conditions to any third party.

 

  • No consent or approval in terms of or in connection with these Terms and Conditions shall be valid or effective unless in writing and signed by or on behalf of the Party giving such consent or approval.

 

  • For the purposes of these Terms and Conditions no data message, as defined in the Electronic Communications and Transactions Act No 25 of 2002, other than an email or facsimile, shall constitute writing.

 

  • Without prejudice to any other provision of these Terms and Conditions, any successor‑in‑title, including any executor, heir, liquidator, business rescue practitioner, curator or trustee, of either Party shall be bound by these Terms and Conditions.

 

  • Each provision of these Terms and Conditions are, notwithstanding the grammatical relationship between that provision and the other provisions of these Terms and Conditions, severable from the other provisions of these Terms and Conditions. Any provision of these Terms and Conditions which is or becomes invalid, unenforceable or unlawful shall, be treated as pro non scripto to the extent that it is so invalid, unenforceable or unlawful, without invalidating or affecting the remaining provisions of these Terms and Conditions which shall remain of full force and effect.

 

  • GOVERNING LAW AND JURISDICTION

 

  • These Terms and Conditions shall in all respects (including their existence, validity, interpretation, implementation, termination and enforcement) be governed by the law of South Africa. The User’s continued use of the Website will constitute the User’s consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from these Terms and Conditions.

 

  • In the event of any dispute arising between the User and PhoneFast, the User hereby consents to the non-exclusive jurisdiction of the High Court of the Republic of South Africa, Gauteng Local Division, Johannesburg.

 

  • Nothing in this 21 or otherwise in these Terms and Conditions shall limit the User’s right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.

 

 

  • – RETURNS POLICY

 

  • Introduction

 

  • In this Returns Policy, unless the context clearly indicates a contrary intention, the provisions of the Terms and Conditions to which this Returns Policy is annexed relating to its interpretation shall apply and the expressions defined in the Terms and Conditions shall bear the meanings assigned to them therein.

 

  • Nothing in this Returns Policy is intended to limit the User’s statutory rights in any way.

 

  • This Returns Policy applies to products bought from PhoneFast.

 

  • If the User is not completely satisfied with his/her purchase, the User can return the product to PhoneFast and PhoneFast will either repair/replace the product, credit the User’s account or offer the User a refund, subject to the terms and conditions of this Returns Policy.

 

  • Certain provisions of this Returns Policy do not apply to Opened Box Products, reconditioned and/ refurbished products or used products, and this is indicated in the relevant provisions below. An “Opened Box Product” is a product which has been returned that is offered for sale at a discounted price, because its original packaging is damaged, unsealed or missing, or the product shows signs of handling and/or re-packaging.

 

  • In order to ensure that the User’s request is processed as quickly as possible the User is responsible for the following when returning products to PhoneFast ‑ 

 

  • packaging of the User’s products safely and securely for protection during transit;

 

  • clearly marking the User’s return reference number on the outside of the parcel; and

 

  • including all accessories and parts that were originally sold with the product.

 

Failure to adhere to any of these requirements could delay the processing of the User’s request or result in its decline altogether.

 

  • Unwanted Products

 

  • The User can return an unwanted product to PhoneFast at no charge to the User, provided that ‑ 

 

  • the product is undamaged and unused, with the original labels and stickers still attached and intact, save in relation to Opened Box Products, reconditioned products and used products, in which case the products must be in the original packaging, which must be undamaged and in its original condition with all seals still intact (if applicable).

 

  • the product is not missing any accessories or parts; and

 

  • the User has logged a return on the Website within 30 days of delivery to the User or collection by the User of the unwanted product. After 30 days, the User can only return a product if it is defective.

 

  • Should the User wish for PhoneFast to collect the unwanted product PhoneFast will charge the User a reasonable collection fee.

 

  • Once PhoneFast has validated the User’s return and inspected the unwanted product, PhoneFast will – 

 

  • credit the User’s account with the purchase price of the product (less the reasonable collection fee (if applicable)); or

 

  • refund the User with the purchase price of the product (less the reasonable collection fee (if applicable)), if that is the User’s preference.

 

  • Incorrect Product Delivered

 

  • If PhoneFast accidentally delivered the wrong product to the User, or if the product is not as described on the Website, the User must notify PhoneFast and PhoneFast will collect the product from the User at no charge.

 

  • If the product is missing any accessories or parts, the User follow the process set out in clause 4 of this Annexure A. Once PhoneFast has validated the User’s return and inspected the products PhoneFast will, within 10 days of the return, at the User’s election, ‑ 

 

  • deliver the correct product to the User as soon as possible (if the correct product is available);

 

  • credit the User’s account with the purchase price of the product; or

 

  • refund the User with the purchase price of the product, if that is the User’s preference.

 

  • Products Damaged on Delivery

 

  • Should a product be damaged or missing any parts or accessories at the time of delivery or collection, the User must notify PhoneFast within 7 days of such delivery or collection by logging a return on the Website.

 

  • PhoneFast will arrange to collect the product from the User at no charge to the User. Once PhoneFast has validated the User’s return and inspected the product, PhoneFast will, at the User’s election, ‑ 

 

  • repair the product (if such repair is possible) as soon as possible;

 

  • replace the product (if PhoneFast has the same product in stock to use as a replacement);

 

  • credit the User’s account with the purchase price of the product; or

 

  • refund the User with the purchase price of the product, if that is the User’s preference.

 

  • Defective Products

 

  • PhoneFast does its best to ensure that the products that it delivers to the User are of a high quality and in good working order and without Defects.

 

  • A “Defect” is a material imperfection in the manufacture of a product or any characteristic of a product which makes the product less acceptable than one would reasonably be entitled to expect in the circumstances. The following are not regarded as Defects and, accordingly, will not entitle the User to return a product under this clause 5 of this Annexure A‑ 

 

  • faults resulting from normal wear and tear;

 

  • damage arising from negligence, abuse by the User or incorrect usage of the product;

 

  • damage arising from electrical surges or sea air corrosion;

 

  • damage arising from a failure to adequately care for the product;

 

  • damage arising from unauthorized alterations to the product;

 

  • where the specifications of a product, although accurately described on the Website and generally fit for its intended purpose, do not suit the User; and

 

  • in relation to Opened Box Products or used products, signs of handling and/or repackaging.

 

  • Standard Warranty

 

  • If the User has received a product which turns out to be defective or otherwise of poor quality, the User must notify PhoneFast as soon as reasonably possible after the User becomes aware of the defect or poor quality, but in any event, within the warranty period stipulated by the original equipment manufacturer (OEM) (“OEM Standard Warranty Period“), after delivery or collection of the product (except in the case of an extended supplier warranty, which is dealt with in clause 8 of this Annexure A).

 

  • The User must log a return on the Website, and PhoneFast will arrange to collect the product from the User at no charge to the User. Once PhoneFast has validated the User’s return and inspected the product, PhoneFast will repair the product (if such repair is possible). If the product is not capable of being repaired, PhoneFast will, at the User’s election, ‑ 

 

  • replace the product (if PhoneFast has the same product in stock to use as a replacement);

 

  • credit the User’s account with the purchase price of the product; or

 

  • refund the User with the purchase price of the product, if that is the User’s preference.

 

  • If the repair or replacement, as the case may be, takes longer than 21 days, PhoneFast will get in touch with the User to see whether the User would prefer to receive a credit or a refund.

 

  • Where there is no extended supplier warranty period, unfortunately PhoneFast cannot facilitate returns that fall outside of the OEM Standard Warranty Period.

 

  • Where the User requests a repair or replacement of an Opened Box Product, reconditioned product or used product and a repair is not possible, PhoneFast will see if it has a replacement Opened Box Product, reconditioned product or used product in stock (which is the same product, of the same nature and type, as the one originally sold), but if PhoneFast does not, PhoneFast will credit or refund the User. A product in perfect condition (that is not a Opened Box Product, reconditioned product or used product) is not the same product as an Opened Box Product, reconditioned product or used product. This is why Opened Box Products, reconditioned products and used products are discounted, compared to products in perfect condition.

 

  • Extended Supplier Warranty

 

  • A product may have a supplier warranty that extends beyond the OEM Standard Warranty Period. If such a product turns out to be defective in excess of the OEM Standard Warranty Period after delivery or collection, the User must notify PhoneFast as soon as reasonably possible after the user becomes aware of the defect, but in any event within the extended supplier warranty period after delivery or collection of the product.

 

  • The User can log a return on the Website, and PhoneFast will facilitate the User’s return of the product to the supplier at no charge. Unfortunately PhoneFast cannot facilitate returns that fall outside of the extended supplier warranty period.

 

  • Any extended supplier warranty is subject to whatever terms and conditions the supplier or manufacturer may impose. These are usually stated in a brochure or leaflet inside or on the product packaging. It is the User’s responsibility to make him/herself aware of the terms and conditions of such extended supplier warranty.

 

  • It is in the supplier or manufacturer’s discretion what remedy it can offer the User. PhoneFast is under no obligation to provide the User with a credit, repair/replacement, as the User’s remedy lies with the supplier or manufacturer.

 

  • Certain Opened Box Products, reconditioned products and used products do not have extended supplier warranties and this will be made clear on the product description page.

 

  • Bundles

 

  • Bundle Deal

 

The User may return a Bundle Deal as a whole or any of its component products individually to PhoneFast. If the User qualifies for a credit in respect of any component product, PhoneFast will credit the User’s account with the actual purchase price (after applying any applicable saving or discount) the User paid for such a product as displayed in the User’s order history.

 

  • Pre-packed Bundle

 

Unless otherwise indicated by PhoneFast, the User’s return of a Pre-packed Bundle will only be accepted if the User returns all of its component products to PhoneFast. Failure to do so may result in PhoneFast declining the return of a Pre-packed Bundle.

 

  • Charges and refunds

 

If the User returns a defective product to PhoneFast, but the User fails to return all of the accessories and parts that were originally sold with that product, PhoneFast is entitled to, subject to applicable law, refuse the return, only to replace the item that the User did return, or to estimate the value of the missing accessories and parts and only to credit or refund the User in respect of the returned item.

 

  • General

 

  • If the User returns a product that does not comply with this Returns Policy, the User may be liable to reimburse PhoneFast for the cost of collecting the product from the User and the cost of having the product returned to the User.

 

  • PhoneFast only refunds to the payment method that the User used when making the original purchase. By way of an example, payment made by credit card will be refunded to the same credit card and payment by EFT will be refunded to the User’s nominated bank account.

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