Terms and Conditions
Please read the following carefully. Your use of the thegadgetshop.co.za web site ("www.thegadgetshop.co.za") and purchase of the products (or services) ("Products") on it means that you agree to these terms and conditions ("Terms").
Shopping with thegadgetshop.co.za
When you place an Order for a Product ("Order") you are offering to buy it for the price stated, subject to these Terms.
When you place your Order online we will send you an email to confirm that we have received it. This email confirmation will be produced automatically so that you have confirmation of your Order details. The fact that you receive an automatic confirmation does not necessarily mean that we will be able to meet your Order. Once we have sent the confirmation email we will then check availability and contact you with a further email. If the Product is available and the details of the Order are correct, this email will be deemed an acceptance and will specify delivery details and confirm the price of the Products purchased. If the Product is not available we will also let you know by email.
The GADGET Shop may cancel any sale and not supply Products if it is reasonable to do so and may change or discontinue the availability of Products at any time at its sole discretion. If an Order is cancelled, any payment made for the Products will be refunded in full. This does not affect your Statutory Rights.
All new Orders are deemed separate and each is treated individually. Products marked "The GADGET Shop 1st" are those where The GADGET Shop is (or was originally) the first SA-based Internet retailer to supply this product to the SA market.
The price for each Product is shown on thegadgetshophop.co.za and includes V.A.T at 14%.
We always try to make sure that the prices on thegadgetshop.co.za are accurate but errors may occur. If we discover an error in pricing of the Products in your Order we will inform you as soon as possible using the contact details you supply us with. We will then give you the option of reconfirming your Order at the correct price or cancelling it. (If we are unable to reach you we will treat the Order as cancelled). If an Order is cancelled, any payment made for the Products will be refunded in full.
You will be notified of the delivery costs automatically before you submit your credit card details, based on the delivery options you choose. For more information about our delivery charges for despatches to RSA addresses click here.
If you order online but pay other than with a credit card, or order in any other way, please contact us for details of the postage cost.
Prices are quoted on thegadgetshop.co.za in ZAR (South African Rands) - outside the RSA your credit card company should exchange the amount charged to the currency of your country at the current rate. Please note that both charges and refunds are in ZAR Rands and The GADGET Shop CC cannot be held responsible for any loss due to exchange rate fluctuations.
Non-RSA customers are responsible for Import Duty/Tax in their respective countries. Unfortunately we cannot advise you what these costs will be - please consult your local customs office for more information.
You must pay for your Order before it is delivered and you can do so by credit card, gift voucher or by bank transfer into The GADGET Shop bank account, the details of which will be provided on request.
If your delivery address is outside the RSA and you Order online you must pay by credit card.
Orders may only be processed online, using a credit card (VISA, or MasterCard). We aim to debit money from your account within one working day after receiving your Order.
If your delivery address is outside the RSA and you order online you must pay by credit card.
To ensure that shopping online is secure, your credit card details will be encrypted to minimize the possibility of someone being able to read them as they are sent over the Internet.
Your credit card company may also do security checks to confirm it is you making the Order.
All Order details and invoices will be sent to the credit card billing address and not the delivery address where the named recipient of the Order differs.
Credit card acquiring and security
Credit card transactions will be acquired for The GADGET Shop by Setcom (Pty) Ltd who are the approved payment gateway for Standard Bank of South Africa. Setcom use SSL3 and no credit card details are stored on the web site. Users may go to www.setcom.co.za to view their security certificate and security policy.
Customer details separate from card details
Customer details will be stored by The GADGET Shop separately from card details which are entered by the client on Setcom’s secure site. For more detail on Setcom refer to www.setcom.co.za
Merchant Outlet country and transaction currency
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction Currency is ZAR (South African Rand).
The GADGET Shop takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this web site, customer service and support, dispute resolution and delivery of goods.
The GADGET Shop may, in its sole discretion, change this agreement or any part thereof at any time without notice.
The GADGET Shop Gift Vouchers
Gift vouchers must be redeemed online at www.thegadgetshop.co.za or at any of our branches country wide within 1 year of purchase and cannot be used for Orders already placed.
If the value of the Order exceeds the value of the The GADGET Shop gift voucher, the balance must be paid by credit card or direct bank transfer to the account of The GADGET Shop.
Unused balances will be held within the recipients voucher for the same period.
If you have received a promotional voucher/coupon from The GADGET Shop, only one such Gift Voucher may be redeemed per purchase.
Your cart's total must exceed the voucher's value.
Specific Terms and Conditions apply to the sale and use of The GADGET Shop Vouchers & Coupons.
We try to keep thegadgetshop.co.za as up to date as possible but cannot guarantee that particular Product will always be available. If we can't supply a Product you will not be charged for it and we will refund or re-credit your account with the amount debited by us.
All offers are available while stocks last. If we are unable to supply a Product you have Ordered, we will notify you as soon as we can after receiving your Order. If this happens, you may cancel your Order and we will refund you the money you have paid for it.
The GADGET Shop delivers to destinations only inside the Republic of South-Africa and is free on all orders above R400.00.
You will be notified of the delivery costs automatically before you submit your credit card details. For more information about our delivery charges for dispatches to South-African addresses click here.
If your Order is made online but you do not pay by credit card or thegadgetshop.co.za gift voucher, or if you Order in any other way, please contact us for details of the delivery charges prior to Ordering.
The GADGET Shop aim to deliver Products to destinations anywhere in South-Africa within 7 days in most circumstances however delivery times cannot be guaranteed.
We try to have orders delivered within 3-4 working days, door to door via our Courier Service. Our couriers require a signature and operate between 9am and 5pm on weekdays only, so please specify an address where someone will be able to sign for your Products between these hours.
We will make every effort to deliver within the time stated on thegadgetshop.co.za web site, but we will not be liable for any loss caused to you by late delivery.
If the Products are not delivered within the estimated delivery time which we quote, please contact us by telephone or email and we will try and ensure that you receive your Order, as quickly as possible, or if you wish you may cancel your Order and we will refund the money you have paid.
Please Order from thegadgetshop.co.za with enough lead-time to prevent any loss or disappointment resulting from the delivery time as The GADGET Shop will not be held responsible for this.
This does not affect your statutory rights as a consumer.
Copyright and Trade Marks
The GADGET Shop does not give you any right or interest in any copyright or intellectual property rights in any Product nor the right to copy them.
The copyright in thegadgetshop.co.za and the content of all the software, web site and pages relating to the The GADGET Shop web site is owned by, or licensed to The GADGET Shop, unless otherwise specified and may not be used, copied or altered without our express consent.
Copyright extends to the design, look and feel of thegadgetshop.co.za web site, all photographs on it and its marketing materials.
You may use thegadgetshop.co.za for private and personal non-commercial use only - i.e. to view, copy and print portions of thegadgetshop.co.za for the sole purpose of placing Orders. The materials on thegadgetshop.co.za may not be used for any other purpose.
The GADGET Shop, thegadgetshop.co.za and our logos are trade names or trade marks of The GADGET Shop and may not be used by anyone else without our express permission. We have applied for a registered trademark in the name "The GADGET Shop" and we are also the owners of unregistered trade mark rights in them.
However, The GADGET Shop does not make any warranty or representation in respect of any other trade mark and the trade marks of the brands featured on thegadgetshop.co.za belong to their respective owners.
Privacy and Data Policy
The GADGET Shop 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 (PAIA).
The PAIA may be downloaded from: http://www.dfa.gov.za/department/accessinfo_act.pdf
When you place an Order, we may ask you for certain information and you may submit personal data to thegadgetshop.co.za (for example your name, phone number, postal address, email address, contact and bank / credit card details). We may also record which products you are interested in and which products you purchase as well as customer traffic patterns and site use. This information will be kept securely in accordance with our internal security policy and may be used to:
- Process your Order
- Provide you with an up to date, efficient, and reliable service
- Help fraud prevention i.e. we check card details with our credit agency and reserve the right to refuse Orders on that basis
- Open and run your account
- Administer prize draws;
- Provide a more personal shopping experience.
By making an Order and submitting your data you agree to this use.
From time to time we also monitor and record telephone calls for training purposes and to improve the service to you.
We will never collect sensitive information about you without your explicit consent.
If you have used the thegadgetshop.co.za web site before or have Ordered Products from thegadgetshop.co.za before it is possible that we have this information already and it is being used to contact you about offers, events, items or related activities that you may find useful. If you are an existing customer we will continue to keep you informed unless you tell us not to.
If you are a new customer we will give you the choice (for example once you have placed an Order) whether or not you want us or other reputable companies to contact you about future offers, events and new Products or related activities that you may find useful. We will not bombard you with emails, but we'd like to keep you informed of the developments on thegadgetshop.co.za.
We do not sell, trade or rent your personal information to other companies but from time to time we may want to share data with other reputable companies both within and outside the Republic of South-Africa who may have interesting offers and information for you.
thegadgetshop.co.za will not send you any marketing emails or pass your information on to third parties unless you give us your consent, or unless we have it already.
Where requested please therefore check the relevant box marked:
In Order to improve our service and thegadgetshop.co.za web site, we may use a device known as a 'cookie'. Cookies are a means by which information relating to your Internet activity (such as whether you have visited thegadgetshop.co.za before) is recorded on your hard drive and used by us to improve thegadgetshop.co.za and the products and services available to you.
Exchange and Refund Policy
Our ultimate goal is for you our valued customer to be completely satisfied with your purchase and thus we only sell quality branded goods and we are confident that you will be satisfied with every purchase you make.
We run our business in compliance with the Consumer Protection Act and our exchange and refund policy is in compliance with this Act.
ALL GOODS SOLD IN THIS SHOP ARE INTENDED FOR DOMESTIC USE ONLY UNLESS EXPLICITLY STATED OTHERWISE ON THE PACKAGING THEREOF.
Returns in case of Change of Mind or Mistake by Consumer
In the event of consumers wanting to return goods because they have changed their minds or purchased the incorrect product due to an error or mistake on their part, we are not obliged by law to accept returns and refund monies.
However, where we choose at our sole discretion to accept such returns and refunds out of goodwill, such goods must still be in their original condition and packaging and may not have been used.
You will also be required to present the original tax invoice.
CAREFULLY READ THE INDICATIONS OF PURPOSE AND OTHER NOTICES TO FAMILIARISE YOURSELF WITH THE USE FOR WHICH THE GOODS ARE INTENDED BEFORE PURCHASING THEM
Are any goods excluded from this return and refund policy?
By law, the goods we exclude from the returns and refund policy are:
- goods which are not inherently unsafe, there is no material defect in the goods, or the goods have failed while being used contrary to instructions or not for the indicated intended purpose;
- goods we do not ordinarily stock and have been purchased by way of special order will only be replaced if defective;
- goods which have been partially or entirely disassembled, physically altered, permanently installed, affixed,attached, joined or added to blended or combined with, or embedded within, other goods or property (including changing plugs, extending cords, or unscrewing any fastener;
- goods which have been intentionally or unintentionally damaged by the consumer, for example, by exposure to the elements, use of force on the product to replace batteries and other consumables, or used commercially when sold for domestic use only.
What if the goods are unsuitable for the purpose I initially bought them for?
- As stated above, it is the consumer’s responsibility to familiarize themselves with the intended purpose of any goods stated on the packaging and there is no right to return any goods because they are unsuitable for another purpose than that stated on the packaging and in user documentation;
- If however you indicated a particular purpose for which you intend using the goods to a salesperson who confirmed in writing e.g. on a quotation, that you will be able to use the goods for that purpose, you may return the goods within 10 working days after you purchased them if it turns out that the goods are not suitable for the purpose you anticipated and indicated to the salesperson.
- Subject to our rights in law to charge you for use and to get the goods fit for restocking, we will give you a refund.
What can I do if the goods are defective?
- If your goods turn out to be materially defective within the first 6 months after you received them from us, we will repair them, replace them or give you a refund.
- Due to the technical nature of most of the goods we sell it is not be possible to determine in-store whether goods have been damaged or what the cause of a failure or defect may be. This is of importance as it determines whether the goods may be repaired, replaced or refunded under warranty. Accordingly, we reserve the right to refer returned goods for technical assessment by the manufacturer or authorised service centre prior to repairing, replacing or refunding and to provide you with feedback within 10 working days of receipt of the returned goods and to act accordingly.
- If the goods fail or a defect manifests after the initial 6 month period from the date of sale thereof, in most cases the normal manufacturer’s warrantee’s will apply as stated in the documentation provided with the goods, however, these are not guarantees offered by us and all decisions, repairs, replacements and refunds are undertaken by the manufacturer or importer at their discretion and all complaints in respect thereof should be directed to them.
- If the goods become defective once the manufacturer’s warranty has expired, we can in most cases arrange with the manufacturer or its agents to repair them. No repairs will be done without you approving a quotation first.
Are there any conditions that apply to manufacturers’ warranties?
As with all warranties, certain conditions and exceptions apply.
- Please take proper note of any terms or instructions that accompany your goods and make sure that all instructions are strictly followed as a failure to do so will result in the warranty being voided. This is applicable to all goods, but especially for appliances, lawnmowers, hand and power tools, and electronic gadgets and toys.
- Goods that show a manufacturing defect within the first 6 months of purchase will be repaired, replaced or refunded.
- Defects that develop after 6 months may be repaired, replaced or refunded at the manufacturer’s election, and subject to the relevant manufacturer’s policy or extended warranty.
- The nature of the goods (size, technical specifications, etc.) often dictates where the repair will take place. For example, on site or at the manufacturer’s premises.
In what instances will the manufacturer’s warranty not apply?
The manufacturer’s warranty will only apply to defects in the process of manufacturing the goods and will not apply in the following instances:
- Damage caused by lightning or power surges.
- Goods used for a purpose other than the purpose for which they were manufactured.
- Goods used contrary to their instruction manuals, such as misuse or abuse of the products
- Accidental damage.
- Goods that have been partially or entirely disassembled or physically altered.
Remote Control Products
We EXPLICITLY state that the above refund policy is NOT APPLICABLE to Remote Control products.
These include but are not limited to: All sizes Drones, Cars, Trucks, Boats, Planes and Helicopters.
ALL remote control products carry a WORKING guarantee ONLY, meaning the product will work out of the box.
Once opened and used, we will not accept any of these products back for exchange or refund.
Out-ofbox failures will be assessed thoroughly and should there be no evidence of the product been used (scratches on blades, dirty tires, etc.), we will replace or refund your purchase.
All returns of remote control products are subject to inspection by our returns department first.
Ear- and Headphones
Unless unopened and unused, we are unable to accept returns for any ear- and headphone products due to hygienic reasons.
How will I be refunded?
Once we have accepted a return and approved a refund, you will receive the refund in one of the following ways:
- electronic transfer directly into your account (allow at least 96 hours).
- cash (if the original payment was made in cash).
- credit card (by reversal back to your credit card and subject to banking delays).
- cheque – within one week of request and only once your original cheque is irrevocably cleared.
You will be refunded in the same manner in which you paid and we reserve the right to deduct bank and credit card charges from any refunds which we are not obliged by law to pay, for example, where we refund you due to your changing your mind or having made the wrong choice.
The GADGET Shop Responsibilities
thegadgetshop.co.za has tried to make the descriptions (including all pictures) of the Products as accurate as possible but you should check the dimensions stated on thegadgetshop.co.za or contact us for exact sizes.
The GADGET Shop shall insure Ordered Products at their retail value whilst being delivered to you. Please check the delivered Products as soon as possible on receipt as we will not cover any subsequent loss or destruction.
The GADGET Shop will provide its services with reasonable skill and care but does not give any guarantees, warranties or representations in respect of any other person's services.
Because of the nature of the Internet The GADGET Shop provides and maintains thegadgetshop.co.za on an "as is", "as available" basis and makes no promise that use of thegadgetshop.co.za web site will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.
Our web site may from time to time contain links to other web sites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.
Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.
You will be responsible for any breach of these terms by you and if you use thegadgetshop.co.za in breach of these terms you will be liable to and will reimburse The GADGET Shop CC for any loss or damage caused as a result.
These terms above shall not limit any rights you might have as a consumer that may not be excluded under applicable law nor shall they exclude or limit The GADGET Shop's liability for death or personal injury resulting from its negligence nor any fraudulent representation.
The GADGET Shop will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.
Please read the instructions, manuals and other user documentation that comes with your Products carefully. The GADGET Shop is not involved in the manufacture of Products and will not advise on their use or operation or the manufacturer's guidelines. You are urged to use all Products safely and in accordance with the manufacturer's guidelines.
These terms do not affect your statutory rights as a consumer which are available to you.
Subject as aforesaid, to the maximum extent permitted by law, The GADGET Shop excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to The GADGET Shop and The GADGET Shop shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
- any incorrect or inaccurate information on thegadgetshop.co.za web site;
- any interruptions to or delays in updating thegadgetshop.co.za web site;
- the infringement by any person of any Intellectual Property Rights of any third party caused by their use of thegadgetshop.co.za or any Product purchased through thegadgetshop.co.za web site;
- any loss or damage resulting from your use or the inability to use the thegadgetshop.co.za web site or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control;
- any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong;
- any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing, using or downloading content from thegadgetshop.co.za, or from transmissions via emails or attachments received from thegadgetshop.co.za or its licensees and affiliates;
- the availability, quality, content or nature of the other sites on the Internet that are owned and operated by third parties ("External Sites") to which thegadgetshop.co.za link and web sites located on or through any External Site nor for any transactions involving External Sites (including as to 'cookies', personal data, confidential information, or purchases of domain names or other services). You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links, web site or transactions;
- all representations, warranties, conditions and other terms which but for this notice would have effect.
The GADGET Shop may change or withdraw any part of thegadgetshop.co.za, or may refuse you access to the web site at any time if we consider it necessary.
The GADGET Shop may also terminate this Agreement and immediately remove, cancel or suspend access to and use of thegadgetshop.co.za web site upon breach of any part of these Terms whatsoever.
Termination shall be without prejudice to The GADGET Shop's other rights.
The GADGET Shop acts as principal on its own account and not as agent for you or any other person.
If The GADGET Shop does not enforce any provision of this agreement such will not be considered a continuing waiver.
In the event that any part of these Terms is held to be unenforceable, such part will at The GADGET Shop's option be construed as far as possible to reflect the parties' intentions and the remainder of the provisions will remain in full force and effect.
These Terms constitute the full agreement between you and The GADGET Shop and may only be amended in writing. They apply to the exclusion of all other terms or conditions of contract proposed.
Since we are principally aiming thegadgetshop.co.za at the South-African market, we cannot guarantee that it accords with local laws of any other countries.
Use of thegadgetshop.co.za web site and these terms are subject to the laws of South-Africa and the jurisdiction of the South-African Courts.
Visit our Retail Shops at the addresses as per our contacts page here: Store Finder.
If you would like help when Ordering, information about a Product, a request for a Product or if you would just like to provide us with feedback on our service, please email us at firstname.lastname@example.org.
Click here to contact us.
Call us on 010 110 0806 between the office hours of 9am and 5pm.
Company Registration no. 2004/103295/23
thegadgetshop.co.za is a service of TGS Corporate (PTY) Ltd.