Terms of Service

1. Introduction

1.1. These Terms and Conditions are binding and enforceable against every person (“you or “your”) that accesses or uses this Website.

1.2. This website can be accessed at shop.webcafe.co.za or www.webcafe.co.za related mobi-sites and software applications (the “Website”) and is owned and operated by Webcafe (Pty) Ltd.

1.3. By using the Website and by clicking on the “I Accept” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.

1.4. These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”) and your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.

1.5. If there is any provision in these Terms and Conditions that you do not understand, you may click on the “Contact Us” link and request that Webcafe (Pty) Ltd explain it to you before you accept the Terms and Conditions or continue using the Website.

1.6. Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit, or avoid any right or obligation created for either you or Webcafe (Pty) Ltd in terms of the CPA.

1.7. Webcafe (Pty) Ltd permits the use of this Website subject to these Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to these Terms and Conditions.

 

2. Use of the Website

2.1. By using the Website, you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.

2.2. You agree that you will not in any way use any device, software, or other instruments to interfere or attempt to interfere with the proper working of the Website. You also agree that all content including any material, information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (the “Content”) belongs to Webcafe (Pty) Ltd and you shall not therefore in any way use any robot, spider, other automatic devices, or manual process to monitor, copy, reverse engineer, distribute or modify the Website or the information contained herein, without the prior written consent from Webcafe (Pty) Ltd.

2.3. You may not use the Website to distribute defamatory material, offensive, contains or amounts to hate speech or is otherwise unlawful.

2.4. You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of Webcafe (Pty) Ltd.

 

3. Ordering of Products

3.1. When you place an order for a product, your order is subject to product availability. You acknowledge that the stock of all products is limited, and that pricing may change at any time without notice to you. Webcafe (Pty) Ltd will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are removed from the Website. Webcafe (Pty) Ltd cannot guarantee the availability of stock. If you order a product on the Website and that product is no longer available after payment, Webcafe (Pty) Ltd will notify you and you will be entitled to a refund of any amount already paid by you for such products.

3.2. Prior to delivery or your collection of the products you ordered; you may cancel an order at any time provided you do so before receiving a dispatch notice for Webcafe (Pty) Ltd. After delivery or your collection of the products, you may return such products only in accordance with the Webcafe (Pty) Ltd Returns Policy.

3.3. You are solely responsible for the accuracy of any CTO order, including with respect to the specification, configuration, or other requirements of products. You warrant that the information provided to Webcafe (Pty) Ltd under an Agreement is complete, accurate and true, and you acknowledge that failure to provide complete, accurate and true information or instructions to Webcafe (Pty) Ltd may detrimentally affect Webcafe (Pty) Ltd’s ability to discharge its obligations or exercise its rights under an Agreement.

 

4. Trade-In

4.1. Webcafe (Pty) Ltd. offers you the opportunity to trade in your used products (the “Trade-in Product”) in exchange for a discount against your purchase of New Apple Products.

4.2. The value of the Trade-in Product will be used as part payment for the New Product.

4.3. Trade-in Products:

4.3.1. If you wish to trade-in any of your used products, you will be required to have the Trade-in Product assessed by Webcafe (Pty) Ltd.

4.3.2. You will be able to trade-in multiple Products (irrespective of make or model) towards the purchase of one new Product.

4.3.3. Webcafe (Pty) Ltd will assess the condition of the Trade-in Product to determine whether there is any damage or wear and tear on the Trade-in Product.

4.3.4. All Trade-in Products must be at least electronically functional to be considered for the trade-in process.

4.3.5. A trade-in will not be considered if the serial number on the Trade-in Product has been removed, damaged or hidden or if your device itself has been altered, tampered, or meddled with in any way.

4.3.6. All Trade-in Products will be assessed against Webcafe (Pty) Ltd system objective grading criteria and the assessment results pertaining to the condition of the Trade-in Product shall be final.

4.3.7. After the assessment, the Webcafe (Pty) Ltd representative will advise you of the value of the Trade-in Product. If you agree to complete the trade-in process, you will be required to fill in a form with your personal details and provide a copy of your identity document.

4.3.8. All your data must be removed from the Trade-in Products when you trade it in, and “Find my iPhone” should be deactivated.

4.3.9. If the Traded-in Product is found to be stolen, or subject to reservation of ownership by finance institution or any other instance where you are not the unencumbered owner of the Trade-in Product, Webcafe (Pty) Ltd has the right to demand immediate refund for the full trade-in value of the Trade-in Product plus interest. You hereby indemnify and hold Webcafe (Pty) Ltd harmless against any loss or damages that the Webcafe (Pty) Ltd may suffer because of Webcafe (Pty) Ltd’s reliance on false information relating to the Trade-in Product including but not limited to the lawful owner of the Trade-in product.

 

5. Errors

5.1. Webcafe (Pty) Ltd shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of products on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to Webcafe (Pty) Ltd’s gross negligence), Webcafe (Pty) Ltd shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy.

5.2. Webcafe (Pty) Ltd shall not be bound by any incorrect information regarding the products displayed on any third-party websites.

 

6. Privacy

6.1. Please refer to our Privacy Policy incorporated by reference (which means that it forms part of these Terms and Conditions).

 

7. Changes to these Terms and Conditions

7.1. Webcafe (Pty) Ltd may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.

7.2. Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.

 

8. Disclaimer

8.1. The use of the Website is entirely at your own risk, and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.

8.2. Whilst Webcafe (Pty) Ltd takes reasonable measures to ensure that the content of the Website is accurate and complete, Webcafe (Pty) Ltd makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability, or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by Webcafe (Pty) Ltd’s representatives, Webcafe (Pty) Ltd shall not be bound thereby.

8.3. Webcafe (Pty) Ltd disclaims liability for any damage, loss, or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.

8.4. Although the products sold from the Website or Webcafe (Pty) Ltd may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.

8.5. In addition to the disclaimers contained elsewhere in these Terms and Conditions, Webcafe (Pty) Ltd also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or willful misconduct of Webcafe (Pty) Ltd, its employees, agents or authorised representatives. Webcafe (Pty) Ltd thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with your access to or use of the Website.

 

9. Linking to third party websites

9.1. This Website may contain links or references to other websites (“Other Websites”) which are outside of Webcafe (Pty) Ltd control. These Terms and Conditions do not apply to those Other Websites and Webcafe (Pty) Ltd is not responsible for the practices and/or privacy policies of those Other Websites or the “cookies” that those sites may use.

9.2. Notwithstanding the fact that the Website may refer to or provide links to Other Websites, your use of such Other Websites is entirely at your own risk, and we are not responsible for any loss, expense, claim or damage, whether direct, indirect, or consequential, arising from your use of such Other Websites or your reliance on any information contained therein.

 

10. Limitation of liability

10.1. Webcafe (Pty) Ltd cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or willful misconduct of Webcafe (Pty) Ltd, it’s employees, agents, or authorised representatives.

10.2. To the extent permissible by law, Webcafe (Pty) Ltd will not be liable for any direct, indirect, special, or consequential loss or damages howsoever arising out of your use of any of the Webcafe (Pty) Ltd products.

10.3. Webcafe (Pty) Ltd will not be liable for any direct, indirect, special, or consequential loss or damages howsoever arising including but not limited to, your use of this Website, activity on the Website and or any linked Other Websites.

10.4. You hereby indemnify Webcafe (Pty) Ltd and hold it harmless against any loss or damage you or any third party may suffer because of your use of this Website, any Other Website and/or the Webcafe (Pty) Ltd products.

 

11. Availability and termination

11.1. Webcafe (Pty) Ltd will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.

11.2. Webcafe (Pty) Ltd may in its sole discretion terminate, suspend, and modify this Website, with or without notice to you. You agree that Webcafe (Pty) Ltd will not be liable to you if it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.

 

12. Complaints and notice

12.1. All complaints and queries should be sent by email to [email protected]

12.2. Any legal notices that you give Webcafe (Pty) Ltd under this contract must be sent by registered post to PO Box 1157, Garsfontein, 0042.

12.3. Notices must be sent either by hand, prepaid registered post, or email and must be in English.

All notices sent –

1. by hand will be deemed to have been received on the date of delivery.
2. by prepaid registered post, will be deemed to have been received 10 days after the date of posting.
3. by email will be deemed to have been on the date indicated in the “Read Receipt” notification. All e-mail communications between you and Webcafe (Pty) Ltd must make use of the “Read Receipt” function to prove that the e-mail has been received.

12.4. Where Webcafe (Pty) Ltd needs to give you any notice as provided for in these Terms and Conditions or provide additional information about the products and services supplied to you, Webcafe (Pty) Ltd will do so by sending you an email or posting a notice on this Website. You hereby consent to Webcafe (Pty) Ltd providing you with notices or information in this way.

 

13. Governing law and jurisdiction

13.1. These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.

13.2. In the event of any dispute arising between you and Webcafe (Pty) Ltd, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Gauteng Division, Johannesburg) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.

13.3. Nothing in this clause 15 or the Terms and Conditions limits your right to approach any court, tribunal, or forum of competent jurisdiction in terms of the CPA.

 

14. General

14.1. You may not cede, assign, or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.

14.2. Any failure on the part of you or Webcafe (Pty) Ltd to enforce any right in terms hereof shall not constitute a waiver of that right.

14.3. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.

14.4. No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.

14.5. If you need to obtain a sales record of your transaction to buy products through the Webcafe (Pty) Ltd Website, you can contact Webcafe (Pty) Ltd within 30 days of the transaction.

14.6. No indulgence, extension of time, relaxation, or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.

14.7. These Terms and Conditions contain the whole agreement between you and Webcafe (Pty) Ltd and no other warranty or undertaking is valid, unless contained in this document between the parties.