TERMS AND CONDITIONS
Visitors to the Website (“Users” or “you”), including those Users who purchase any products on the Website (“Purchasers”) are bound by these terms and conditions (“T&C”). If you do not agree to these T&C, do not continue to use the Website.
Your continued use of the Website will constitute acceptance of the T&C, unmodified by you.
Lay-out of these T&C: These T&C apply to your use of, and purchases made on, the Website and are divided into various sections as follows:
Part 1 – Purchases from www.awesomegadgets.co.za – terms and conditions applying to purchases from www.awesomegadgets.co.za (including where www.awesomegadgets.co.za acts as sales agent for suppliers)
Part 2– General – terms and conditions applying to your use of the Website and any purchases made by you on the Website, whether from www.awesomegadgets.co.za or a Marketplace Seller. Please take note of the Disclaimer clause in particular.
Part 1 – Purchases from www.awesomegadgets.co.za
Identification of www.awesomegadgets.co.za products:
Product listings which do not specify the name of a third party seller, are products offered for sale by www.awesomegadgets.co.za and, once added to your shopping basket, will reflect the www.awesomegadgets.co.za icon.
Stocks of all goods on offer are limited. www.awesomegadgets.co.za shall take all reasonable efforts to ensure that when stock is no longer available, that offers thereof are discontinued. However, should www.awesomegadgets.co.za be unable to fulfill any orders placed by you at the advertised prices due to stock having sold out, www.awesomegadgets.co.za will notify you and you will be entitled to a refund of the amount paid by you for such product, as explained herein.
eBooks & eMagazines & Downloads:
www.awesomegadgets.co.za may offer eBooks ,eMagazines & software downloads for sale. If you are unfamiliar with these digital products, please pay particular attention to the “downloads” clauses herein below, which describes the nature and limited functionality and usage rights of these.
Errors: Please note that although www.awesomegadgets.co.za endeavours to accurately describe and/or depict each product on the Website, some descriptions or photographs may be of a generic nature and not specific to the particular product you wish to buy. However, should you be dissatisfied with the product you receive for any reason, you are entitled to return the product to www.awesomegadgets.co.za for a full refund within 7 days of delivery.
Agreements of Sale
Placing a product in a shopping cart or adding it to a wishlist without completing the purchase cycle does not:
constitute an agreement of sale; and/or
constitute an order for such product
and as such, www.awesomegadgets.co.za may remove such product from the shopping basket or wishlist if stock becomes unavailable and you cannot hold www.awesomegadgets.co.za liable if such product is not available when the purchase cycle is completed at a later stage.
An agreement of sale only comes into effect if and when:
you electronically submit a properly completed order for one or more products in your shopping cart; and
payment is either authorised, or received by www.awesomegadgets.co.za in its bank account
Termination of Sales & Cancellation of Orders
By www.awesomegadgets.co.za: www.awesomegadgets.co.za reserves the right, for purposes of preventing suspected fraud , to refuse to accept or process payment on any order, and/or to cancel any sale concluded between you and www.awesomegadgets.co.za, in whole or in part, on notice to you. www.awesomegadgets.co.za shall only be liable to refund monies already paid by you , and accepts no other liability which may arise as a result of such refusal to process any order/sale.
By You: Save for certain exceptions (including downloads), and subject to certain charges, the Electronic Communications and Transactions Act 25 of 2002 (“ECT Act”) entitles you to cancel any sale concluded on this Website within 7 days after date of receipt of the goods and to obtain a full purchase price refund. You may also cancel a sale where delivery is delayed beyond the stipulated delivery date/timeframe (or where none is specified, beyond 30 days from the order date).
Amounts payable by You
The price of each product is displayed with the product listing. In the event of a sale or special offer, the discounted price is displayed.
Delivery charges differ depending on a variety of factors, including product type, price, and weight, as well as whether delivery is to be made within, or outside, the borders of South Africa. Please see details of www.awesomegadgets.co.za’s delivery charges.
Value Added Tax:
Value added tax at the rate of 15% is charged on goods bought by South African residents. VAT is not payable on orders if both the billing and the shipping address are international.
Import duties may be payable by recipients of goods in foreign countries. www.awesomegadgets.co.za does not know what import duties/levies may be payable and cannot calculate or estimate such costs. You are responsible for determining whether any such import duties/levies are payable and, if so, the amount thereof.
www.awesomegadgets.co.za shall take all reasonable efforts to accurately indicate prices and delivery charges. However, should products be erroneously offered at incorrect prices and/or delivery charges, www.awesomegadgets.co.za will not be obliged to sell products at such incorrect prices and/or delivery charges, but shall refund monies paid by you should you not wish to proceed with the purchase at the correct price and/or delivery charge.
Subject to the exceptions listed below, your payment for any products ordered from www.awesomegadgets.co.za must be made to Awesome Gadget’s bank account in any one of the following ways:
Payment Gateways. – PayFast, i-Pay
At the time of placing the order, you will be redirected to a 3rd Party payment gateway in order for you to make payment. Awesome Gadgets at no time keeps a records or stores any of your banking information like credit card number, expiry date or CVV number. If your payment is not successful your order will be cancelled.
Bank deposits & Electronic Funds Transfer.
If you prefer to pay via EFT, please email email@example.com and we will be able to assist you with this request. Goods will only be released once money has reflected into our account which could take 1-2 days. Instructions will be given on how to deposit monies into www.awesomegadgets.co.za’s bank account and it would be subject to the following rules:
the exact amount must be paid
the payment must be identified by supplying the order number and surname in the reference section of a proof of payment
no transfers may be made from ATM’s
no cheque deposits are accepted.
no bank deposits are accepted from outside the borders of South Africa
your order will be cancelled if you choose to pay by bank deposit and the amount due is not paid within 5 business days.
If you select the ‘Pay via eBucks’ button, you will be taken to the eBucks site, where you must login using a User ID and Shopping Password and arrange payment. If successful, payment is reserved for www.awesomegadgets.co.za immediately and you will be returned to the Website and be given an order number. If payment cannot be effected, the order will be cancelled.
You must be registered with eBucks to make use of this facility and is subject to the eBucks terms and conditions while making use of the eBucks site.
Pre-order products: Products identified as being on pre-order (in that they can be ordered in advance of their public release date) can only be paid for by credit card.
Downloads – all downloaded products cannot be returned and amounts paid for these cannot be
Where we deliver: www.awesomegadgets.co.za delivers to addresses both within and beyond the borders of South Africa, save for the following types of products which will only be delivered to addresses within the Republic of South Africa:
Internationally produced music;
Items that weigh 10kg or more;
Electronic and Audiovisual merchandise.
Inside the borders of South Africa
All www.awesomegadgets.co.za items listed on the Website have an indication of the delivery time:
1-3 days – www.awesomegadgets.co.za offers a 1-3 day delivery service but only for main centres in South Africa. Main centres include any destination within a 50km radius of the following cities: Pretoria, Johannesburg, Bloemfontein, Cape Town, George, Port Elizabeth, East London, Durban, Pietermaritzburg and Nelspruit. Delivery outside main centres is usually within 3-5 working days.
Outside the borders of South Africa
Goods to the following international destinations are sent as follows:
African countries – delivery to a post office in such African country only;
All other countries – via airmail parcel post or via courier (the costs of courier delivery usually being very high and determined on an ad hoc basis).
Delivery usually takes place within 2 or 3 weeks after dispatch, however, seasonal peaks and delays at customs is outside the control of www.awesomegadgets.co.za and deliveries may take up to 12 weeks.
IMPORTANT TO NOTE:
Delivery periods are only regarded as having commenced upon payment confirmation being received by www.awesomegadgets.co.za.
If products with different delivery times are ordered together, the product with the longest delivery time will determine the delivery time of all the products in the order.
www.awesomegadgets.co.za makes every effort to ensure that the information supplied on the Website is accurate. Where delays and out of stock situations occur, every reasonable effort will be made to inform the Purchaser.
Pre-order products (being products you can order in advance of their public release date) will be handled separately, and will be shipped when ready. If you have any pre-orders in your basket together with other products, the basket will be split into a different orders, and you may choose different delivery addresses for each order.
Downloads, e-books and e-magazines are digital products which will be delivered to you electronically via the internet. More specifically, delivery will occur as follows:
Upon receipt or confirmation of payment, www.awesomegadgets.co.za will obtain your Link to the relevant download from the relevant publisher .
The speed of delivery of a Link will depend on a variety of factors, most of which are internet related and beyond www.awesomegadgets.co.za’s control (such as server availability, ADSL lines etc) and as such, www.awesomegadgets.co.za does not hereby undertake to make delivery within any specific timeframe. However, as a guide only, delivery should occur within a few seconds, but can also take up to a number of hours.
You will be able to access and click on the Link at any time following delivery thereof to you, subject to certain restrictions. PLEASE TAKE NOTE OF THE FOLLOWING RESTRICTIONS:
So as to reduce the risk of fraud, eBook publishers limit the number of times any Link can be clicked before access to the Link is blocked. You will be able to click on such Link at least once, but acknowledge that access to the Link may become blocked after your first click so as to prevent fraud
The Link will not appear if you have removed it, or www.awesomegadgets.co.za has removed it pursuant to your having ‘returned’ the eBook (if possible in accordance with www.awesomegadgets.co.za’s Refund Policy from time to time)
www.awesomegadgets.co.za does not guarantee that eBook publishers will make their eBooks available for download indefinitely and www.awesomegadgets.co.za accepts no responsibility or liability to you or any other person if, upon your accessing and clicking the Link, the relevant eBook publisher no longer has the eBook available for download via such Link, provided that, if you discover and report such a problem within 6 months of ordering the eBook, you will be entitled to a full refund of the purchase price paid therefor.
Illegal Use of eBooks & downloaded media
All eBooks & downloaded media are the exclusive property of the publisher or its licensors and is protected by copyright and other intellectual property laws. These downloads are intended for your personal and non-commercial use. Any other use of downloaded media purchased from www.awesomegadgets.co.za is strictly prohibited.
You may not modify, transmit, publish, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit, any of the content of eBooks or downloaded media , in whole or in part, and more specifically, you will not print, copy, or ‘lend’ eBooks to any other person (“Illegal Activities”). By downloading any eBook,or downloaded media you hereby acknowledge and agree to these terms. You hereby undertake that you shall not attempt to be able to do any of the Illegal Activities and should any of the Illegal Activities be possible for some reason, you undertake to not do so. You hereby indemnify www.awesomegadgets.co.za from any and all loss, damage, or expense it may suffer or from claims which may be made by third parties against www.awesomegadgets.co.za which arise from or in relation to your having participated in any Illegal Activities in relation to any eBook or downloaded media sold by www.awesomegadgets.co.za.
Restrictions on Sales
The onus is on you to ensure that you meet any age restrictions applicable to products ordered by you on the Website (including DVDs and Videos) and that these restrictions are observed. Similarly, if purchasing toys for a child on the Website, the onus is on you to ensure that the toy is suitable for such child’s age. Accordingly you indemnify www.awesomegadgets.co.za from any and all liability in this regard, including any liability arising as a result of your failure to provide accurate information in this regard when completing the Website registration process.
Save for www.awesomegadgets.co.za being liable to you –
under the Consumer Protection Act 68 of 2008 (“CPA”) in relation to any products sold by www.awesomegadgets.co.za to you via the Website; and
under sections 43(5) and 43(6) of the ECT Act in relation to www.awesomegadgets.co.za’s payment systems not being sufficiently secure,
Neither www.awesomegadgets.co.za nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this Website or the services or content provided from and through this Website. Furthermore, www.awesomegadgets.co.za makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this Website are free from errors or omissions or that the service will be 100% uninterrupted and error free. You are encouraged to report any possible malfunctions and errors to firstname.lastname@example.org
Although the products sold via the Website may be under warranty, the Website itself is supplied on an “as is” basis and has not been compiled or supplied to meet your individual requirements. It is your sole responsibility to satisfy yourself prior to accepting these T&C that the service available from and through this Website will meet your individual requirements and be compatible with your hardware and/or software.
Information, ideas and opinions expressed on this Website should not be regarded as professional advice or the official opinion of www.awesomegadgets.co.za and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Website.
Governing Law and Jurisdiction
This Website is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law and, subject to the ‘Disputes’ clause of these T&C, you and www.awesomegadgets.co.za submit to the non-exclusive jurisdiction of the South African courts.
www.awesomegadgets.co.za shall take all reasonable steps to protect your personal information. 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).
www.awesomegadgets.co.za may electronically collect, store and use the following of your personal information:
name and surname
country of residence
non-personal browsing habits and click patterns
mobile number (if provided by you)
IP address; and
www.awesomegadgets.co.za collects, stores and uses the above mentioned information for the following purposes:
to greet you when you access the Website
subject to your consent, to inform you of facts relating to your access and use of the Website
subject to your consent, to inform you about competitions and special offers from www.awesomegadgets.co.za and/or its partners / affiliates
to compile non-personal statistical information about browsing habits, click-patterns and access to the Website
to verify your identity when transacting with www.awesomegadgets.co.za and/or Marketplace Sellers
to verify your identity to determine whether you are a registered PayU Express Pay user who has placed your credit card details on record with PayU
to ensure that the goods are received by the addressee
to facilitate communication between you and any Marketplace Sellers from whom you have made purchases.
Information detailed above is collected either electronically by using cookies or is provided voluntarily by you. You may determine cookie use independently through your browser settingss
Information detailed above is collected either electronically by using cookies or is provided voluntarily by you. You may determine cookie use independently through your browser settings
You may elect not to receive any communications from www.awesomegadgets.co.za and/or its partners / affiliates.