Terms and Conditions
Terms and Conditions
Please read the following carefully. Your use of the The Gadget Shop web site ("https://www.thegadgetshop.co.za") (hereby “The Website”) and purchase of the products (where products may include product related services), (hereby "products") on such website, means that you agree to these terms and conditions as set out below (hereby "Terms").
Shopping on The Website
When you place an order for a Product (hereby "order") you are offering to buy the product for the price advertised and stated on The Website as at the time of purchase, subject to The Terms.
When a website user with the intent to purchase a product on The Website, places an order online, The Gadget Shop (Pty) Ltd (hereby “The Company),will send that user an email to confirm that the order for the product purchased or about to be purchased has been received. This email confirmation will be produced automatically so that the user has confirmation of their product order details.
The fact that the user receives an automatic confirmation does not necessarily mean that The Company will be able to meet the client order and is not a guarantee of product availability. Once The Company has sent the confirmation email The Company will check product availability against the order placed by the website user. If the product is available, and order details are specific to intended product purchased with the correct product price as advertised at time of sale, this automatic email will be deemed an acceptance or product purchase and will specify delivery details and confirm the price of the Products purchased. If the product is not available, not in stock or not physically accessible, either from supplier or from physical stores, the website user will be informed either by email or telephonically.
The Gadget Shop (The Company) 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 it’s 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.
The price for each product is shown on The Website and includes V.A.T at 15%.
The Company will always try to make sure that the prices on The Website is accurate. However, some errors in terms of price may occur from time to time, including but not limited to human error, mechanical error or the like. Should an error in pricing be discovered, the User will be informed of such error. The option to reconfirm the order will be given to the user at the correct price. The user also has the option to cancel the order should the user not be satisfied with the correct price communicated on the said product ordered.
If the Company is not able to reach the user, the order will be considered as cancelled. Reasonable time will be given to contact the user and all means available as presented on the order summary provided by the user. In the event of a cancelled order the product price paid on the order for the product will be refunded in full to The user.
Delivery Costs (Added to Delivery)
Delivery costs will be calculated automatically on The Website and displayed to the user based on the delivery options selected by the user as well as the product price. Free nationwide delivery is included for products with a retail value of over R400. All prices are in South African Rand (ZAR)
The user must pay the price of the product as stipulated on the order before, the product is delivered to the user. Acceptable payment options are: Credit Card, Gift Voucher or Electronic Bank Transfer. In the case of an Electronic Bank Transfer the banking details of The Company will be provided to the user in order to complete the transaction. (Credit Card, EFT, EFT Pro (Instant EFT), Discovery Miles)
Credit Card Transactions and Security (Pay U)
Credit card transactions will be acquired for The Gadget Shop by PayU. PayU use SSL3 and no credit card details are stored on the web site. Users may go to www.payu.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 PayU secure site. For more detail on PayU refer to www.payu.co.za
The Company 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 The Website stipulated at address www.thegadgetshop.co.za or at any of The Company branches country wide. Gift Vouchers have to be redeemed within 1 (one) year of purchase and cannot be used for orders already placed, prior to purchase of gift voucher
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, when purchasing online. When the voucher is redeemed at a physical store, any payment method may be used, except Electronic Bank Transfer.
Unused balances will be held within the recipients voucher for the same period, as stipulated above.
If a user has received a promotional voucher/coupon from The Gadget Shop, only one such Gift Voucher may be redeemed per purchase.
Specific Terms and Conditions apply to the sale and use of The Gadget Shop Vouchers & Coupons.
Please note that specific promotional campaigns might exclude (prohibit) the purchase of gift cards with a promotional/discount code.
Delivery costs will be calculated automatically on The Website and displayed to the user based on the delivery options selected by the user as well as the product price. Free nationwide delivery is included for products with a retail value of over R400. All prices are in South African Rand (ZAR).
All items of a purchase value of less than R400 will be charged a flat delivery fee of R75, delivered within the Republic of South Africa.
The Gadget Shop aims to deliver Products to destinations anywhere in South-Africa within 1 - 3 working days. However delivery times cannot be guaranteed. The Company cannot be held liable for any loss or damage occurred due to late delivery.
Copyright and Trade Marks
The Company does not give the user or any visitor to the website any right or interest in any copyright or intellectual property rights in any way to any product nor the right to copy them.
The copyright on The Company Website and the content of all the software, web site written content, URL’s and pages relating to the The Gadget Shop Website is owned by, or licensed to The Gadget Shop, unless otherwise specified and may not be used, copied or altered without The Company’s our express consent.
Copyright extends to the design, look and feel of The Company Website, all photographs on it and it’s marketing materials.
A user may use The Website for private and personal, non-commercial use only - i.e. to view, copy and print portions of The Website for purpose of placing orders, viewing Information on a product, doing product research, reading product reviews and the like. The materials on The Website may not be used for commercial or malicious intent, inter alia, (but not limited to) damaging The Company brand, gaining unfair competitor advantage, posing as The Company, committing fraud, falsifying information related to The Company or any other purpose as to what the website is intended to be used for.
The name “The Gadget Shop”, www.thegadgetshop.co.za and close variants thereof (such as TGS) and our logos are trade names and trademarks of The Company and may not be used by anyone else without the express permission of The Company. The Company has a registered trademark in the name "The Gadget Shop" and are also the owners of the registered 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 trademarks of the brands featured on The Websites as the trademark(s) of the brands belong to their respective owners.
Privacy and Data Policy
The Company 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 a user places an order on The Website, the Company may ask the user for certain personal information in order to fulfill delivery obligations on the product purchased. The personal information required may include, but is not limited to the user name, phone number, postal address, email address and the like. All personal information will be treated as a private information exchange between the user and the Company and may be used inter alia for marketing, research, statistical analysis and the like. No personal information of the user will be sold or shared with any third party for marketing or promotional material or purposes. Where personal information is shared with third parties, those will constitute vendors, suppliers, delivery companies or any other third party necessary or needed in order to fulfill the obligation of the Company’s to the user in delivery and purchase of product as specified on the order.
Personal information may be used for, but is not limited to:
- Process the user order
- Provide the user with an up to date, efficient, and reliable service
- Help fraud prevention such as checking card details with The Company credit agency and reserve the right to refuse Orders on suspicion of fraud
- Open and run user account(s)
- Administer prize draws;
- Provide a personalised shopping experience.
By placing an order with purchase or intent to purchase a product the user agrees to share personal information as stipulated above.
If you have used the The Website before or have Ordered Products from The Website 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.
The Company 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:
Should a user feel that he/she wants any personal information removed from The Company database, the user should contact the Company via email, post, or telephone informing of such information removal. The Company will subsequently remove the requested personal information.
Exchange and Refund Policy
The Company runs on good faith and ensures to run the business in compliance with the Consumer Protection Act (CPA) Act 68 of 2008 and The Company Exchange and Refund Policy is in compliance with this Act.
ALL GOODS SOLD ON THE WEBSITE 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 the User returning goods due to change of mind or purchasing incorrect product(s) based on an error or mistake on the part of the user, the Company is not obligated by law to accept returns and refund of monies paid toward such products. This rule of law does not apply to the 5 days “Cooling Off Period” as stipulated in the CPA resulting from a direct marketing purchase.
In the event of a direct marketing purchase the user (consumer) has 5 days to return the product purchased in the original packaging and in the original working condition as at the time of product received.
In such event the user (consumer) will be refunded within 14 working days in full.
However, the Company may from time to time, based on good will, at its sole discretion on selected products, as stipulated above (excluding the CPA rule of law), accept such returns. The product returned must be in its original packaging and in original working condition.
The user 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
Goods excluded from Return and Refund Policy
By law, the following goods are excluded from the returns and refund policy:
- 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 The Company 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.
Intended Purpose of Goods
- The responsibility and discretion lies with the consumer/ user to ensure that the correct product is bought for the purposes intended for use by the consumer/user. If however, a particular purpose or use of product was communicated to a user/consumer in writing by a representative of The Company and such product purchased does not perform such purpose or use, the consumer/user has the right to return the product purchased, within 10 working days after the delivery of such product to the user.
- If the purchased product(s) or goods turn out to be materially defective within the first 6 months after it has been received by the user the Company will repair the product(s), replace them or give the user a refund.
- Due to the technical nature of most of the goods The Company sell, it is not be possible to determine technical failures, damage or malfunction(s) of the product in-store prior to unpacking and using the product by the user. Accordingly, once such technical failures, damage or malfunction has been reported by the user in writing, the Company 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 The user whom purchased the product 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 The Company 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, repairs will be done at the cost of the purchaser. A repair quotation(s) will be provided accordingly.
As with all warranties, certain conditions and limitations 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 could 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-of-box 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).
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 (The Company) Responsibilities
The Company has tried to make the descriptions (including all pictures) of the Products as accurate as possible but you should check the dimensions stated on The Website 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 The Website on an "as is", "as available" basis and makes no promise that use of The Website 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 The Website 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 The Gadget Shop web site;
- any interruptions to or delays in updating The Gadget Shop web site;
- the infringement by any person of any Intellectual Property Rights of any third party caused by their use of The Website or any Product purchased through the web site;
- any loss or damage resulting from your use or the inability to use the 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 The Website, or from transmissions via emails or attachments received from The Gadget Shop 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 The Gadget Shop 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 The Website, 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 The Website 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 The Website at the South-African market, we cannot guarantee that it accords with local laws of any other countries.
Use of The Gadget Shop 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 (Mondays to Fridays) between the office hours of 9am and 5pm.
Company Registration no: 2014/277907/07
thegadgetshop.co.za is a service of The Gadget Shop (Pty) Ltd.
Vouchers / Discount Coupons
Vouchers / Discount Coupons are not transferable and cannot be redeemed for cash.
Vouchers / Discount Coupons may not be used in conjunction with other special offers and products already on promotion.
The Gadget Shop shall not be liable for replacing mislaid and or stolen vouchers / discount coupons.
By using this voucher / discount coupon, the participant accepts the terms and conditions of this promotion and agrees to abide by the rules of it.
The Gadget Shop will be entitled at any time to terminate or alter the promotion and these rules, without any prior notice.
PLEASE NOTE: COMPETITION VOUCHERS CAN NOT BE REDEEMED LATER THAN 8 MONTHS AFTER RECEIPT THEREOF