Terms and Conditions

Contact information

This website is run by Smartphone-Shop (Pty) Ltd based in South Africa and with registration number 2007/021383/07 and Directors Chris Dyason and Ryan Moss

ICASA License PENDING

If you have any questions, queries or wish to request permission to use any part of this website, please contact us at:

Fujax Phone (Pty) Ltd

Physical address:

301 Vineyard Centre

10 Vineyard Road

Claremont

7708

Postal Address:

PO Box 351

Plumstead

7801

Email address: info@smartphoneshop.co.za

Tel: 021 0033 891

A copy of the ECT Act is available at http://www.internet.org.za/ect_act.html

Electronic funds transfer

Smartphone Shop will not execute the order until receiving confirmation that payment has been received via Instant EFT.

Payment System

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

You warrant that you are fully authorized to use the credit card supplied for purposes of paying the Goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website.

Credit card acquiring and security

Credit card transactions will be acquired for the Provider via approved payment gateways. Our payment gateways use the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website.

Returns / Refund Policy

Smartphoneshop.co.za will refund a customer in full for products purchased and returned within 7 business days of the product being received by the customer.

The delivery costs and/or associated fees (courier insurance mandatory) of the return of a product will be the liability of the customer returning the product.

Any product returned in this instance must be unopened, unused and not damaged in any way.

Any refund processed in this instance WILL NOT include delivery costs and/or associated fees. You will only be refunded for the purchased-price of the products.

smartphoneshop.co.za requires that a customer requests a RETURN MERCHANDISE AUTHORIZATION FORM by emailing returns@smartphoneshop.co.za.

Only items that have been purchased directly from Smartphoneshop.co.za can be returned to Smartphoneshop.co.za. Products purchased through other retailers must be returned in accordance with their respective returns and refunds policy.

Please only send your returns once you have received a Return Merchandise Authorization confirmation from our customer service team.

 

Goods damaged in transit

Your goods should reach you in perfect condition, but if a parcel arrives partly or completely damaged the user has 120 minutes from the time of delivery to request collection. If no issues are raised at point of delivery, the parcel will be considered as delivered in good condition and no subsequent claims or complaints can be accepted by the provider.

Send your photos (if available) by email to support@smartphoneshop.co.za.

Any unclaimed parcel that is returned to the provider can be sent back to the user provided that the user is willing to cover the delivery fees.

Faults and Repairs

If your goods arrive faulty or develop a fault within the first 7 days, you can return them to us at no extra charge by requesting a RMA form for the repair/replacement.

If your goods arrive faulty or develop a fault within the warranty period, you can return them to us. If you wish to return a faulty product, please first contact us to request a Return Merchandise Authorisation Form by email on:
repairs@smartphoneshop.co.za.

Warranty Policy

Each unit carries a 12 month limited warranty (please refer to each unit for individual fine print warranty cover)

Our warranty covers only those defects which arise as a result of normal use of the product, and do not include but are not limited to:

Improper or inadequate maintenance
Misuse and mishandling
Fire, flood and other will of God
Damage by wrong voltage use
Physical damage (including but not limited to, dropping the device onto floor, into water, cracked screen, broken case, damaged charge point due to mishandling)
Batteries
LCD damage

The Android OS and Apple IOS Phones are designed only to work with the current OS/IOS software installed on it. Any alterations such as upgrades or flashing a newer version will void the warranty.

The stated ROM amount shows the maximum available ROM with nothing installed. However, the Android OS or Apple IOS with pre-installed software from the manufacturer will occupy some of the devices available ROM.

Merchant Outlet country and transaction currency

The merchant outlet country at the time of presenting payment options to the cardholder is South Africa.

Customer details separate from card details

Customer details will be stored by the Provider separately from card details.

Payment Options

Payment may be made via Visa, MasterCard, Diners or American Express credit cards or by bank transfer into the Provider’s bank account, the details of which will be provided after checkout via Payfast.

A NOTE TO OUR USERS

Smartphone Shop undertakes never to sell or make your personal information available to any third party unless we are compelled to do so by law. In particular, in the event of a fraudulent online payment, Smartphone Shop reserves the right 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.

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

If you disclose your personal information to a third party, such as an entity which operates a website linked to this Website or anyone other than Smartphone-Shop , Smartphone Shop SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED BY YOU AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION TO THE THIRD PARTY. This is because we do not regulate or control how that third party uses your personal information. You should always ensure that you read the privacy policy of any third party.

Choice of Law

This Website is controlled, operated and administered by Provider from its offices within the Republic of South Africa. Access to the Website from territories or countries where the content or purchase of the products sold on the Website is illegal is prohibited. The User may not use this Website in violation of South African export laws and regulations. If the User accesses this Website from locations outside of South Africa, that User is responsible for compliance with all local laws.

These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the Cape Town Magistrate Court in the event of any dispute. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement between the Provider and the User with regard to the use of the Content and this Website.

Limitation of liability

The Website and all Content on the Website, including any current or future offer of products or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors. The Owners make no warranty or representation as to the availability, accuracy or completeness of the Content. Neither Provider nor any holding company, affiliate or subsidiary of Provider, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Content or the Website or any functionality thereof, or of any linked website, even if Provider is expressly advised thereof.

Copyright and Intellectual Property Rights

Provider provides certain information at the Website. Content currently or anticipated to be displayed at this Website is provided by Provider, its affiliates and/or subsidiary, or any other third party owners of such content, and includes but is not limited to Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Sound and Television Broadcasts, Program-Carrying Signals, Published Editions and Computer Programs (“the Content”).

All such proprietary works, and the compilation of the proprietary works, are copyright the Provider, its affiliates or subsidiary, or any other third party owner of such rights (“the Owners”), and is protected by South African and international copyright laws. The Providers reserve the right to make any changes to the Website, the Content, or to products and/or services offered through the Website at any times and without notice. All rights in and to the Content is reserved and retained by the Owners. Except as specified in these Terms and Conditions, the User is not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content.

Updating of these Terms and Conditions

Provider reserves the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website.

It is the User’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.