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Terms and Conditions

Welcome to Cleartel Pvt T/A Gadgetgyz Online (“Company”, “we”, “our”, “us”)!

These Terms of Service (“Terms”, “Terms of Service”) govern your use of our website located at gadgetgyz.com (together or individually “Service”) operated by Gadgetgyz Online.

Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages.

Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood Agreements, and agree to be bound of them.

If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know by emailing at [email protected] so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use Service.

 

  1. General

1.1 For purposes of these General Terms and Conditions and elsewhere on the website, ” Cleartel Pvt T/A Gadgetgyz Online ” means Gadgetgyz Online . Gadgetgyz Online’s head office is located at 28 Teddington Street, Oakadale, Bellville; email address: [email protected]

  1. Application

2.1 These General Terms and Conditions will apply to any and all agreements and legal relations pursuant to which Gadgetgyz Online acts as supplier of items.

  1. Product specifications; pricing; typographical errors

3.1 Gadgetgyz Online will not be required to execute an order or compensate a buyer for any loss if Gadgetgyz Online made an error when presenting the item, formulating its characteristics or specifications, or stating its price, and

  1. i) it should have been clear to the buyer that such involved a printing or clerical error; or ii) if the buyer should not, under the circumstances, have reasonably relied on Gadgetgyz Online delivering quoted item, with stated characteristics, at this price.
  2. Prices

4.1 Products sold by Gadgetgyz Online are billed in Rands.

  1. Market

5.1 Items are currently delivered to buyers in the Republic of South Africa. Purchase agreements are concluded with natural persons not acting in the course of a profession or business only. Therefore any VAT charged will not at any time be refunded.

  1. Costs of Delivering the Items

6.1 All prices of the items posted on the website are exclusive of delivery costs.

6.2 Delivery costs will be stated separately when settling the order and may vary daily and for each order.

  1. Delivery and Delivery Period

7.1 Gadgetgyz Online shall endeavour to supply the items ordered to the delivery address within 2-5 working days of the order confirmation and the required receipt of payment, unless otherwise stated. Prior to delivering an order, the customer may be contacted to verify the correctness of the order. This may cause some delay in delivery. When registering, buyers must state a telephone number on which they can be reached during the day (such as their number at work or a mobile phone number), so that the delay, if any, will be as short as possible.

7.2 Gadgetgyz Online shall arrange delivery by post or dispatch orders in any other way, at Gadgetgyz Online’s sole discretion. Note that a signature will be required for receipt of all residential deliveries.

7.3 Gadgetgyz Online may dispatch the delivery in parts, however, any extra costs for such additional deliveries will be borne by Gadgetgyz Online.

7.4 Gadgetgyz Online uses third party couriers to deliver goods. A valid proof of delivery or courier run-sheet will be conclusive proof that the parcel was delivered to the address provided on the order. It is the customer’s responsibility to ensure the accuracy of the delivery address.

7.5 Addresses may be amended on a customer’s My Orders page. In the event that no amendment is possible from this page, the goods may already be in transit and an address change may not be possible. Address changes after goods have already been processed may incur additional shipping charges.

7.6 The onus is on the Customer to inform Gadgetgyz Online if an order or part of an order is undelivered within 30 calendar days from the date of sale. Gadgetgyz Online will not entertain any claim for undelivered items outside of 30 calendar days from the date of sale where a valid dispatch reflects against the order.

‘8. Stock Availability’

8.1 Stock on offer is limited. Gadgetgyz Online shall take all reasonable efforts to discontinue the offer as soon as stock is no longer available. However, should items still be offered after stocks are sold, Gadgetgyz Online shall only be liable to refund monies where it is unable to fulfil orders at advertised prices.

8.2 Gadgetgyz Online shall endeavour to fulfil a customer’s order to the best of their abilities. However, circumstances outside of Gadgetgyz Online’s control may arise where a customer’s order may not be fulfilled e.g. damaged stock or stock unavailability from Gadgetgyz Online’s supplier. In cases like these, Gadgetgyz Online shall only be liable to refund the customer’s monies paid.

  1. Payment & Refunds

9.1 Payment is accepted via credit card (Visa or Mastercard), Discovery Miles, eBucks, SnapScan, Zapper, Ozow, Mobicred, via store credit (a “wallet”) and direct EFT transfer. Online credit card transactions will be acquired for Gadgetgyz Online via Wirecard Solutions South Africa (Pty) Ltd (“Wirecard”) and PayU Payment Solutions (Pty) Ltd (“PayU”). Wirecard and PayU use the strictest form of encryption, namely Secure Socket Layer 3 (SSL3), and no credit card details are stored on their websites. Users may go to their websites (www.wirecard.co.za and www.payu.co.za) to view their security certificates and security policies. Customer details will be stored by Gadgetgyz Online separately from card details which are entered by the client on Wirecard and PayU’s secure sites. Gadgetgyz Online takes all reasonable steps to scrutinise all transactions to prevent attempted fraud and a transaction may be refused if Gadgetgyz Online is not satisfied with its legitimacy.

9.2 EFT payments need to be made to one of Gadgetgyz Online’s nominated bank accounts. The beneficiary reference (the reference that is going to reflect on Gadgetgyz Online’s bank account) needs to be the customer order number. Proof of payments need to be sent to [email protected] in PDF format within 2 hours of the order being placed. Failure to send a proof of payment in time may lead to the order being cancelled, in which case Gadgetgyz Online will only be liable to refund any monies paid.

9.3 No forex or international EFT-payments will be accepted. Any costs involved with the acceptance or refusal of forex payments will be for the account of the customer.

9.4 Refunds will be processed in the form of store credit, a “wallet”, which can be used towards future purchases on Gadgetgyz Online. A customer may elect to receive a refund in lieu of store credit by means of an EFT, card reversal, Mobicred reversal or eBucks reversal. eBucks, EFT payments, Zapper, SnapScan and OZOW payments may only be reversed by means of an EFT transfer. Where a customer provides Gadgetgyz Online with the incorrect account information, and a refund is successfully processed to the provided details, Gadgetgyz Online will not be held responsible for any further refunds. Card reversals may take up to 14 business days to reflect. A valid proof of refund by Gadgetgyz Online’s card processing partner shall be conclusive proof that a card reversal has been processed. Should a refund not reflect, the customer will have to approach their card issuing institution to investigate the matter.

  1. Agreements of Sale

10.1 Placing an item in a shopping basket, or adding it to a wishlist without completing the purchase cycle, does not constitute an agreement of sale between Gadgetgyz Online and the purchaser. Users cannot hold Gadgetgyz Online liable if such items are not available when the purchase cycle is completed; and Gadgetgyz Online may remove such an item from the shopping basket if no stock is available. An agreement of sale between Gadgetgyz Online and a user only comes into effect if and when payment is received and the order is confirmed and processed by Gadgetgyz Online during normal business hours (9am – 5pm). Gadgetgyz Online reserves the right to refuse to accept and/or execute an order without giving any reasons. Gadgetgyz Online also reserves the right to in its sole discretion cancel orders in whole or in part as circumstances dictate, in which event Gadgetgyz Online shall only be liable to refund monies already paid by the user.

10.2 A customer is entitled to cancel their order for a full refund, provided that it has not yet been pro

  1. Returns Policy

Gadgetgyz Online will only accept returns in accordance with this policy, the Consumer Protection Act 68 of 2008, the Electronic Communications & Transactions Act 25 of 2002 and any other applicable law. Our returns policy needs to be read with section 12, our standard warranty policy as well as our returns page on the website. See section 9 for more info about refunds.

11.1 Items may only be returned if they are faulty, damaged on arrival, incorrectly delivered or where the customer changes their mind within the parameters set out below and as set out in the Consumer Protection Act 68 of 2008.

11.2 Once a customer informs Gadgetgyz Online of a return, it is the customer’s responsibility to ensure that the item is returned within 10 days after first contact was received.

11.3 All returns need to be in original packaging, with all original accessories, parts and documentation.

11.4 No items may be returned without prior written authorisation from Gadgetgyz Online. Gadgetgyz Online will not be liable for any items lost in transit to Gadgetgyz Online or items incorrectly handed over to couriers where no prior written authorisation has occurred. Gadgetgyz Online will issue a returns form or returns authorisation number once the return has been authorised, which needs to accompany the return. The absence of this form or returns authorisation number may lead to a return not being processed, for which Gadgetgyz Online will not be held liable.

11.5 Faulty and damaged on arrival items will be dealt with in accordance with sections 55 and 56 of the Consumer Protection Act 68 of 2008.

(i) In the case of damaged on arrival items, the customer needs to notify Gadgetgyz Online of any breakages, missing or damaged parts and accessories within 3 days of the receipt of the goods. Gadgetgyz Online may ask for images of the goods and packaging, highlighting the extent of the damage. Gadgetgyz Online will not entertain any claims of breakages, missing or damaged parts and accessories if this notification is not received within 3 days of the goods being delivered.

(ii) (a) Faulty items may be returned within the warranty period. If a warranty period is not indicated on the deal, a 6-month standard warranty will apply. Faulty items will be repaired or replaced. Where a repair or replacement is not possible, the customer will be refunded or credited.

(b) Gadgetgyz Online will cover the freight and insurance cost of a faulty item under warranty. Should our suppliers assess the item and find it to not be faulty or to be user damage, the customer may be liable for the return cost.

(c) A faulty item is a defective item with any 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.

(d) The following does not constitute a defect, and will not be eligible for a refund, replacement or repair:

  • faults resulting from normal wear and tear;
  • damage arising from negligence, user abuse and misuse, 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 unauthorised 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 customer;
  • in relation to Unboxed Deals, signs of handling and/or repackaging.

(e) In assessing whether an item is defective or not, Gadgetgyz Online may rely on their suppliers or independent assessment centres for feedback. In these cases, Gadgetgyz Online’s supplier feedback will be final.

11.6 A customer is allowed to return an item within 7 days of receipt of the item if it is not faulty, subject to the following conditions:

  1. i) The customer writes in to Gadgetgyz Online within 7 days of receipt of the item. Requests for returns outside of the 7-day window may not be entertained unless it is faulty in terms of section 11.5, subject to those provisions.
  2. ii) The item must be in a re-sellable condition, in original packaging and include all original accessories, parts and documentation. Gadgetgyz Online will inspect the item on return and if it is not in a re-sellable condition, dispatch it back to the customer.

iii) Certain items may not be returned once opened. This includes swimwear, underwear, cosmetic-or personal hygiene items, fragrances, DVD’s, CD’s, games, software, foodstuffs, supplements, adult toys and accessories, animal feed, cleaning products, medical equipment, personal protective equipment, certain jewellery items or items that have been made to the customer’s specifications.

  1. iv) Certain redemption vouchers may not be refunded once it has been issued to the customer via email.
  2. v) Returns may be arranged on a customer’s behalf, or a customer may courier their goods back to Gadgetgyz Online’s distribution centres under certain circumstances. A customer may also drop off their return at Gadgetgyz Online’s distribution centre, subject to prior approval.
  3. vi) Returns under section 11.6 will be at the Customer’s cost. This cost will be offset against any refund or credit owed to the customer after an item has been returned.

vii) Gadgetgyz Online may arrange a third-party courier to collect these goods. The customer needs to be available during a pre-arranged slot to hand the goods to the courier. The goods need to be handed over to the correct courier and Gadgetgyz Online will not be liable for goods handed to the incorrect courier. Gadgetgyz Online will attempt two collections from the customer. No further collections will be attempted after two collections if the collection fails due to the customer (e.g. not available), and the customer will then have to arrange a return with their own courier at their own cost.

11.7 Returns on incorrectly received items will be accepted subject to the following conditions.

  1. i) The customer needs to notify Gadgetgyz Online of any incorrectly received goods within 3 days of the receipt of the goods. Gadgetgyz Online may ask for images of the goods and packaging. Gadgetgyz Online will not entertain any claims of incorrectly delivered goods if this notification is not received within 3 days of the goods being delivered.
  2. ii) The item must be in a re-sellable condition, in original packaging and include all original accessories, parts and documentation. Gadgetgyz Online will inspect the item on return and if it is not in a re-sellable condition, dispatch it back to the customer.

iii) The return of the item will be at Gadgetgyz Online’s cost. Gadgetgyz Online may arrange a third-party courier to collect these goods. The customer needs to be available during a pre-arranged slot to hand the goods to the courier. The goods need to be handed over to the correct courier and Gadgetgyz Online will not be liable for goods handed to the incorrect courier. Gadgetgyz Online will attempt two collections from the customer. No further collections will be attempted after two collections if the collection fails due to the customer (e.g. not available), and the customer will then have to arrange a return with their own courier at their own cost.

  1. iv) Returns may be arranged on a customer’s behalf, or a customer may courier their goods back to Gadgetgyz Online’s distribution centres under certain circumstances. A customer may also drop off their return at Gadgetgyz Online’s distribution centre, subject to prior approval.
  2. Standard Warranty Policy

Gadgetgyz Online’s standard warranty policy should be read with section 11, our returns policy.

12.1 Gadgetgyz Online provides a 6-month warranty on all products sold on its website against defects or poor quality from the date of delivery. Where products are not subject to an extended supplier warranty, we cannot facilitate any returns outside of this 6-month period. Some consumable goods may not be subject to this warranty due to expiry dates.

12.2 Where a product has a supplier’s warranty that extends beyond the 6-month Standard Warranty, such product can be returned within the extended supplier warranty period after delivery of the product. Please note that any extended supplier warranty is subject to the terms and conditions of the supplier or manufacturer. These are usually stated in a brochure or leaflet inside or on the product packaging, and may include the online registration of an extended warranty. It is the customer’s responsibility to make themselves aware of any such terms and conditions.

12.3 Parallel/Grey Imports – Any products indicated to be parallel/grey imports have been imported without the approval, or license of the registered owner of the trademark and therefore no guarantee or warranty in respect of such goods will be honoured or fulfilled by any official or licensed importer of such goods. Any warranty claims on such products will be covered by Gadgetgyz Online or the relevant third-party seller for the warranty period indicated for any specific product, alternatively where no such warranty period has been indicated, for a period of 6 months from the date of receipt.

  1. Marketing and Special Promotions:

13.1 By submitting an order on our check out page, you agree to receive daily newsletters and marketing material from Gadgetgyz Online.

13.2 Every effort is made to feature all products shown on any sales promotional material. However, should a specific product become unavailable for any reason, Gadgetgyz Online reserves the right to use that product image for all promotional elements without the guarantee of selling that product on the day.

14. Applicable Law

14.1 This site is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law.

  1. Restrictions on Sales

15.1 Alcohol & Tobacco products: Alcohol and tobacco products are not sold to persons under the age of eighteen years.

15.2 DVD’s and Videos: The onus is on the purchaser to ensure that age restrictions on above products are observed. Most of the DVDs available for purchase on Gadgetgyz Online are encoded for use in region 2 or are encoded for multiple zones. DVD’s encoded for other zones will be indicated as such. Please note that it is your responsibility to ensure that you purchase DVD’s of the correct zone.

  1. Personal Data

16.1 Gadgetgyz Online shall take all reasonable steps to protect the personal information of Users. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000.

16.2 Gadgetgyz Online will store the data provided by buyers in a data file. Such data will be used to execute buyers’ orders and will be kept as long as necessary to handle any complaints about the execution of an order. No data will be passed on to third parties if such should jeopardise the buyer’s privacy.

  1. Changes To Agreement

17.1 Gadgetgyz Online may, at its sole discretion, change this agreement or any part thereof at any time without notice.

  1. Intellectual Property Rights

18.1 All the content, trademarks and data on this web site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to Gadgetgyz Online and as such are protected from infringement by local and international legislation and treaties.

  1. Domicilium

19.1 Gadgetgyz Online chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature 31 Teddington Street, Oakdale,Bellville.

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