Terms & Conditions
Please read these Terms & Conditions carefully before using our website or placing an order.
Between
GADGET TIME, Company Registration Number: 2010/072063/23
("GADGET TIME"), and you (the "User").
WHEN YOU ACCESS, BROWSE, OR USE OUR WEBSITE, YOU AGREE TO THESE TERMS AND CONDITIONS.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, OR TO ANY CHANGES WE MAY SUBSEQUENTLY
MAKE, YOU MUST IMMEDIATELY STOP ACCESSING OUR WEBSITE.
Important Notice
These Terms and Conditions of Use regulate access to and use of this website. These terms and
conditions are valid, binding, and enforceable against all persons who access and/or use the
GADGET TIME website, web pages, or any part thereof. The User is automatically bound by these
terms and conditions by accessing this website.
OUR TERMS AND CONDITIONS CONTAIN SPECIFIC PROVISIONS THAT LIMIT OUR LIABILITY.
THESE TERMS AND CONDITIONS HAVE BEEN SET OUT IN CAPITAL LETTERS.
The User should pay particular attention to these terms and conditions because they limit the
User’s ability to recover losses incurred in connection with use of this website.
If the User is under the age of 18, the User must obtain prior authorisation, permission, and
consent from a parent or legal guardian before accessing our website, using any services on our
website, or participating in any activities offered. If the User is under 18 and does not obtain
this consent, the User may not access our website, use the services, or participate in activities
available through our website.
1. General
GADGET TIME is an electronic accessories distribution company that conducts business within the
Republic of South Africa. Further information regarding GADGET TIME is available on our homepage at
www.gadgettime.co.za
.
2. Ownership
This website, its content, and the online services are the property of GADGET TIME, or are
licensed to GADGET TIME. All proprietary rights in them vest in GADGET TIME or its licensors.
The User acknowledges that all intellectual property rights, including the trade marks displayed
on the website, whether registered or not, vest in GADGET TIME or its licensors. The User is not
authorised to use, amend, or exploit any intellectual property rights, including trade marks,
without GADGET TIME’s prior written consent.
The User further acknowledges that the information and documentation contained on this website are
proprietary information and copyrighted material of GADGET TIME, or are licensed to GADGET TIME.
No party may use or exploit GADGET TIME’s proprietary information or copyrighted material without
prior written consent.
The User may not, other than for personal and non-commercial use:
- Store on their computer or print copies of extracts from this website.
- Mirror or cache information provided through this website on their own server, computer, or other storage facility.
- Copy, adapt, modify, or reuse text or graphics from this website without GADGET TIME’s prior written consent.
3. No Improper Use or Unlawful Conduct
The User agrees not to use this website or its services for any purpose that is unlawful, improper,
or prohibited by these Terms and Conditions.
Improper actions include activities intended to defame, embarrass, harm, abuse, threaten, slander,
or harass third parties; activities prohibited by the laws of the Republic of South Africa or a
foreign territory in which the User resides or conducts business; activities intended to encourage
unlawful behaviour; invasion of another party’s privacy; racially, ethnically, or otherwise
objectionable behaviour; and attempts to impersonate another person.
Should the User commit an improper action or breach these Terms and Conditions, GADGET TIME
reserves the right to recover damages arising from that action and to claim costs incurred in
recovering such damages on the attorney-and-client scale.
4. Use of Services
The User agrees to use this website, the information contained on it, and its online services only
for their intended purposes. When using the website, information, or online services, the User
must not:
- Disrupt or interfere with another user’s enjoyment of the services, materials, affiliated sites, or linked sites.
- Upload, post, or transmit viruses or harmful, disruptive, or destructive files.
- Create a false identity.
- Use or attempt to use another person’s account, password, service, or system without GADGET TIME’s authorisation.
- Access or attempt to access content or services the User is not authorised to access.
- Disrupt or interfere with the security of, or otherwise harm, systems, accounts, passwords, servers, or networks connected to or accessible through this website, feature, affiliated site, or linked site.
- Conduct surveys, contests, pyramid schemes, chain letters, junk email, spam, or unsolicited messages.
- Threaten, defame, abuse, harass, stalk, or otherwise violate the legal rights, including privacy and publicity rights, of others.
- Publish, post, upload, distribute, or disseminate defamatory, obscene, or unlawful content.
- Upload or otherwise make available files containing images, photographs, software, or other materials protected by intellectual property laws unless the User owns or controls the relevant rights or has received all necessary authority.
- Advertise or offer to sell or buy goods or services for any unauthorised purpose.
- Violate any applicable laws or regulations of the Republic of South Africa or another country.
5. Limitation of Liability
THE USE OF THIS WEBSITE AND ONLINE SERVICES IS AT THE USER’S OWN RISK. TO THE MAXIMUM EXTENT
PERMITTED BY LAW, GADGET TIME, ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS,
EMPLOYEES, PARTNERS, AND SUPPLIERS WILL NOT BE LIABLE TO THE USER OR ANY THIRD PARTY FOR ANY
DAMAGES WHATSOEVER.
THIS INCLUDES, WITHOUT LIMITATION, SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL
DAMAGES, OR DAMAGES ARISING FROM LOSS OF USE, DATA, OR PROFITS, VIRUSES, WORMS, OR SPAM,
WHETHER OR NOT GADGET TIME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS LIMITATION APPLIES TO DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY
TO USE, THE ONLINE SERVICES, MATERIALS, OR INFORMATION; THIRD-PARTY STATEMENTS OR ACTIONS;
DEALINGS WITH VENDORS OR THIRD PARTIES; UNAUTHORISED ACCESS TO OR ALTERATION OF DATA; FAILURE
TO SEND, RECEIVE, OR STORE INFORMATION; LOSS OF DATA OR CONTENT; DELAYED OR INTERRUPTED
SERVICES; OR ANY WEBSITE REFERENCED OR LINKED FROM THE ONLINE SERVICES.
6. Indemnity
The User indemnifies and holds GADGET TIME, its subsidiaries, affiliates, officers, agents,
partners, employees, and suppliers harmless from any claim or demand, including reasonable
attorneys’ fees, made by a third party due to or arising out of:
- The User’s use of the website and online services.
- The User’s violation of these Terms and Conditions.
- The User’s violation of any law, rule, regulation, or another person’s or entity’s rights.
7. Online Registration
Registration on this website may be required to place an order for products offered by GADGET TIME.
To register online, the User must provide certain information, including personal information, to
GADGET TIME.
This personal information will be treated in accordance with our
Privacy Policy
.
8. Limited or Restricted Access
Access to certain areas of this website is restricted. GADGET TIME reserves the right, in its sole
and absolute discretion, to restrict access to any area of the website or to the entire website.
The User is responsible for maintaining the confidentiality of their password and account
information, and for all activities occurring under their password or account. The User agrees to
notify GADGET TIME immediately of any unauthorised use of their password or account, or any other
breach of security.
GADGET TIME may disable the User’s password and account at any time, at its sole discretion, with
or without notice or explanation.
9. Third-Party Sites and Services
This website and its online services may make available services, service providers, dealings,
websites, or web pages operated by third parties offering material, information, or online
services ("Third-Party Services"). Use of Third-Party Services and the use of information collected
by their operators are governed by the terms of use and privacy policies available on those
third-party sites, where applicable.
Third-Party Services are provided only for convenience. The inclusion of a link to a Third-Party
Service does not imply GADGET TIME’s endorsement of that service, its operator, or an association
between GADGET TIME and the operator.
Any direct dealings between the User and a third party, including delivery and payment for goods
or services and any associated terms, conditions, warranties, or representations, are solely
between the User and that third party. GADGET TIME is not responsible or liable for any part of
those dealings.
10. No Warranty
Except where expressly provided in a written agreement between the User and GADGET TIME, and
except for warranties, conditions, representations, or terms that may not legally be excluded or
limited, this website, online services, materials, and services are provided on an “as is” basis
without warranty of any kind, whether express or implied.
This includes, without limitation, implied warranties of merchantability, fitness for a particular
purpose, and non-infringement.
Without limiting the above, GADGET TIME and its suppliers make no warranty that:
- The website, online services, other services, or materials will meet the User’s requirements.
- The website, online services, other services, or materials will be uninterrupted, timely, secure, virus-free, error-free, or compatible with other software or applications.
- Results obtained from using the website, online services, other services, or materials will be effective, accurate, or reliable.
- The quality of the website, online services, materials, or other services will meet the User’s expectations.
- Errors in software obtained from or used through the website, online services, or materials, or defects in services or materials, will be corrected.
- Information provided will be accurate.
11. Accuracy of Information
The User understands that using this website and online services may expose them to content from
a range of sources. The website, online services, other services, and materials may contain
technical errors, inaccuracies, typographical errors, or offensive, indecent, or objectionable
content. If the User objects to this content, they should not use the website or online services.
GADGET TIME may make changes to the website, online services, other services, information, and
materials at any time without notice. Information, services, and materials may become out of date,
and GADGET TIME does not undertake to update them.
Information on this website is intended for general information purposes only. It is not an
endorsement, representation, or professional advice from GADGET TIME or any other party. The User
should not make business decisions based solely on this information without consulting GADGET TIME
or a relevant professional. Any reliance on website content is at the User’s own risk.
12. Modification
GADGET TIME reserves the right, in its sole discretion, to:
- Change these Terms and Conditions without notice to the User.
- Change the content or services available on or through the website.
- Discontinue any aspect of the website or services available through it.
- Delete the website.
The User is responsible for reviewing these Terms and Conditions each time they use the website
and online services. Continued use of the website or online services constitutes agreement to the
then-current Terms and Conditions.
13. Disputes Regarding Website Content
In the event of a dispute about the content of these Terms and Conditions at any time, a
certificate signed by the administrator responsible for maintaining the website will be prima
facie proof of the publication date and content of the current and previous versions of these
Terms and Conditions.
14. General
These Website Terms and Conditions, together with the
Privacy Policy
,
set out the general rules and policies governing the User’s use of our website. Depending on the
User’s activities while visiting the website, additional terms and conditions may apply.
This agreement constitutes the entire agreement between the parties in respect of its subject
matter. If any part of this agreement is found to be invalid for any reason, that invalidity will
not affect the validity or enforceability of the remaining provisions, and the invalid provision
will be deemed severed from the agreement.
No waiver by GADGET TIME in respect of a User’s action, omission, breach, failure, or default,
and no failure, refusal, or neglect by GADGET TIME to exercise a right or insist on strict
compliance with this agreement, constitutes a waiver of these provisions. GADGET TIME may require
strict compliance with these provisions at any time.
15. Governing Law and Jurisdiction
These Terms and Conditions are governed by and construed in accordance with the laws in force in
the Republic of South Africa.
General Terms and Conditions of Sale
Between:
The Company and the Customer.
1. Definitions
1.1 Agreement
“Agreement” means these General Terms and Conditions of Sale, including all quotations, Orders,
Order Confirmations, Delivery Notes, and any terms and conditions applicable to promotional offers
of the Company from time to time.
1.2 Business Day
“Business Day” means any day other than a Saturday, Sunday, or official public holiday in the
Republic of South Africa.
1.3 CPA
“CPA” means the Consumer Protection Act No. 68 of 2008.
1.4 Company
“Company” means GADGET TIME (Proprietary) Limited, a private company registered in accordance
with the laws of the Republic of South Africa under registration number 2010/072063/23.
1.5 Customer
“Customer” means any person who purchases or offers to purchase Goods from the Company.
1.6 Defective
“Defective”, in relation to Goods, means that the Goods are unsafe as defined in the CPA; there is
a goods failure, defect, or hazard as defined in the CPA; or inadequate instructions or warnings
have been provided regarding a hazard arising from or associated with use of the Goods.
1.7 Delivery
“Delivery” means delivery of the Goods by the Company to the Customer in accordance with clause 4.
1.8 Delivery Dates
“Delivery Dates” means the dates on which the Customer requires delivery of Goods. Unless otherwise
instructed, Delivery will be made within 3 business days from the date on which the Order is placed.
1.9 Delivery Note
“Delivery Note” means a delivery note or other confirmation of Delivery signed by the Customer
upon Delivery of the Goods.
1.10 Delivery Place
“Delivery Place” means the location specified in the Order for Delivery of the Goods.
1.11 Goods
“Goods” means goods supplied by the Company to the Customer under this Agreement and indicated on
the Company’s forms, price lists, quotations, Delivery Notes, Orders, or Order Confirmations,
including goods listed on
www.gadgettime.co.za
.
1.12 Order Confirmation
“Order Confirmation” means any notification or correspondence sent by the Company to the Customer,
by email or otherwise, confirming an Order.
1.13 Parties
“Parties” means the Company and the Customer collectively, while “Party” means either one of them,
depending on context.
1.14 Payment Date
“Payment Date” means, for credit-card payments, the date on which the payment is processed in
accordance with the Customer’s instructions in the Order. If that date is a Sunday or recognised
South African public holiday, payment will be processed on the next ordinary Business Day.
1.15 Price
“Price” means the current price of the Goods and delivery costs, if any, at the time of Delivery,
inclusive of VAT and any other amounts listed on the Delivery Note and mutually agreed by the Parties.
1.16 VAT
“VAT” means Value Added Tax levied under the Value Added Tax Act No. 89 of 1991, as amended.
2. Price and Payment
2.1 The Customer must pay the Company the Price for all Goods ordered.
2.2 If the Customer pays by credit card, clauses 2.3 to 2.5 apply.
2.3 The Customer must ensure that their credit card has sufficient available funds to cover the
amount due. If the card has reached its maximum limit or there are insufficient funds on the
Payment Date, the Customer agrees that the Company may process payment on another date after the
Payment Date.
Alternatively, after notification by the Company, the Customer must immediately pay the amount due
into the Company’s bank account by electronic funds transfer.
2.4 The Customer is liable for any claims, losses, or damages if the credit card has reached its
maximum limit, the details supplied are incorrect, the card is held in another person’s name, or
the card has expired or expires during the term of this Agreement.
2.5 The Customer may not reverse a payment made under this clause 2 where the amount is legally
owing to the Company.
2.6 The Company will not make Deliveries until it has received full payment for the Goods ordered.
The Company may suspend Deliveries while any amount owing by the Customer remains unpaid.
2.7 Prices for all products may increase without prior notice.
3. Orders
3.1 Customers must place Orders online through
www.gadgettime.co.za
.
To place an Order, the Customer must register online and provide information to the Company.
The Company will process and store this information in accordance with its
Privacy Policy
.
3.2 After placing an Order, the Customer will receive an Order Confirmation from the Company.
3.3 The Company is not responsible for errors or misunderstandings that arise when an Order is
placed, or where the Customer does not provide correct and accurate information when placing an
Order or in a quotation, Order Confirmation, or Delivery Note.
3.4 The Customer confirms that all information supplied when placing an Order is accurate and
complete. The Customer must update this information where necessary. The Company is not liable for
inaccuracies, incomplete information, or resulting failure to deliver Goods correctly.
3.5 Orders and Order Confirmations constitute offers to purchase the relevant Goods at the
Company’s usual Prices.
3.6 All Orders are submitted to the Company for processing and remain subject to acceptance by the
Company through Delivery of the Goods.
3.7 The Company may recover any additional costs, including Delivery costs, incurred directly or
indirectly because the Customer:
- Alters an Order, including where the Company delivers Goods according to the Order and the Customer changes the Order upon or after Delivery.
- Refuses Delivery despite the Goods meeting the specifications in the Order.
- Fails or delays in providing the Company with the full required particulars.
- Otherwise delays the Order process.
4. Delivery
4.1 Subject to clause 4.2, Delivery for Orders will be made to the Delivery Place on the Delivery
Dates. Delivery will generally be completed by the Company’s appointed courier service providers.
4.2 If the Delivery Place is in a remote area not serviced by the Company’s courier service
providers, Delivery may be made through the Post Office or to the nearest town accessible by the
courier within its normal routes. In these circumstances, the Company will contact the Customer to
arrange an alternative address.
4.3 Unless otherwise specified, Delivery is free.
4.4 Delivery is deemed to take place once the Goods are offloaded at the Delivery Place.
4.5 Although every effort will be made to deliver Goods in accordance with this clause, the
Company is not liable for loss or damage caused by a failure to deliver timeously for reasons
beyond its reasonable control, as contemplated in clause 13.
5. Risk
5.1 Subject to clause 5.2, risk in Goods sold to the Customer passes to the Customer when the
Goods are delivered at the Delivery Place, regardless of whether ownership remains with the Company
under clause 6.
5.2 Risk in the Goods passes immediately to the Customer if the Customer fails to take Delivery of
the Goods or otherwise delays Delivery.
5.3 Where Goods are returned under clause 7, risk remains with the Customer until the Defective
Goods are delivered to the Company.
6. Ownership and Retention of Title
Until the Company receives full payment of every amount owed by the Customer on any account,
whether under this Agreement or another contract, legal and beneficial title to the Goods remains
vested in the Company.
7. Returns
7.1 If the Customer finds any Goods to be Defective, the Customer must notify the Company in
writing and return the Goods to the Company within 30 days after Delivery.
7.2 The Company has no liability or obligation regarding Goods subjected to abuse, misuse,
improper use, negligence, accident, alteration, or tampering by the Customer. The Customer
indemnifies the Company accordingly.
7.3 Orders placed incorrectly or by Customer mistake must be returned to the Company at the
Customer’s own cost. No refund will be made until the Goods have been returned in good order to
the Company’s specified location.
8. Refunds
8.1 Refunds may take up to 2 weeks to clear. A 7% transaction fee will be deducted and taken into
account when refunds are processed.
