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Effective URL: https://www.istore.co.za/terms-and-conditions?utm_source=brevo&utm_campaign=S1059_SME_Why%20iPhone%20for%20your%20Busines...
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Customer Terms and Conditions
1. Introduction
1. These Terms and Conditions are binding and enforceable against every person
("you" or "your") that accesses or uses this Website and/ or purchases
products from ZA Online Store (Pty) Ltd t/a iStore (the "Store")
2. This website can be accessed at iStore or iStore related mobi-sites and
software applications (the "Website") and is owned and operated by ZA Online
Stores (Pty) Ltd (the "iStore").
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.
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.
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 iStore
explain it to you before you accept the Terms and Conditions or continue
using the Website.
6. Nothing in these Terms and Conditions is intended or must be understood to
unlawfully restrict, limit or avoid any right or obligation, as the case may
be, created for either you or iStore in terms of the CPA.
7. iStore 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. 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.
3. You agree that you will not in any way use any device, software or other
instrument 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, lay-outs, 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 iStore and you shall not therefore in any way use
any robot, spider, other automatic device, or manual process to monitor,
copy, reverse engineer, distribute or modify the Website or the information
contained herein, without the prior written consent from iStore.
4. You may not use the Website to distribute material which is defamatory,
offensive, contains or amounts to hate speech or is otherwise unlawful.
5. 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 iStore.
6. Adding an item to a cart does not reserve the product. While shopping -
products may become unavailable due to ongoing purchases and as a result may
be removed from your cart to avoid checking out a unit that is no longer in
stock.
3. Ordering of Products
3. When you place an order for a product, your order is subject to product
availability. You acknowledge that stock of all products on the Website and
at any Store is limited and that pricing may change at any time without
notice to you. iStore 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. iStore cannot guarantee the
availability of stock. If you order a product on the Website or any Store
and that product is no longer available after payment, iStore will notify
you and you will be entitled to a refund of any amount already paid by you
for such products.
4. 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 e-mail from the iStore. After delivery or your collection of the
products, you may return such products only in accordance with the iStore
Returns Policy.
5. Before you make payment on the Website, you will have the opportunity to
review any order for products that you have ordered.
6. You may pre-order products that are newly launched prior to availability on
the Website.
7. Pre-Orders can only be secured by making a full payment or partial payment
as may be set out on this Website or as may be advised by an iStore
representative in the Store.
8. iStore will endeavour to ensure that pre-orders are fulfilled as soon as
stock is available, however on occasion there may be delays due to supply
constraints.
9. You may cancel your pre-order prior to collection or delivery and iStore
will refund the amount you paid to secure the product.
10. Ordering of Products on Contract
11. When you place an order for a product, your order is subject to product
availability. You acknowledge that stock of all products on the Website and
at any Store is limited and that pricing may change at any time without
notice to you. iStore 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. iStore cannot guarantee the
availability of stock. If you order a product on the Website or any Store
and that product is no longer available after payment, iStore will notify
you and you will be entitled to a refund of any amount already paid by you
for such products.
12. Before you make payment on the Website, you will have the opportunity to
review any order for products that you have ordered.
13. You may pre-order products that are newly launched prior to availability on
the Website.
14. Pre-Orders can only be secured by completing the upgrade and full payment
as set out on this Website or as may be advised by an iStore representative
in the Store.
15. iStore will endeavour to ensure that pre-orders are fulfilled as soon as
stock is available, however on occasion there may be delays due to supply
constraints.
16. Please do note, that partaking in the Pre-Order contract and completing
your upgrade, your cellular network provider may start billing you for this
new contract before the device is delivered to you.
17. You may cancel your pre-order contract prior to collection or delivery and
iStore will refund the amount you paid to secure the product. This
cancellation request has to take place within 30 days of your contract
start or upgrade date as per the agreement with the Cellular Network. Any
cancellation request made by the customer after the 30 day (from activation
or upgrade date) window period, the customer maybe liable for the full
contract cancellation cost as stipulated by their Cellular Network
Provider.
18. Waiting list:
To keep the waiting list fair for all our customers, we have put the
following rules in place;
19. First come, first served - The waiting list will be run centrally and stock
will be allocated on a first come, first served basis.
20. Pricing - Please note that due to the fluctuating exchange rate we cannot
confirm that pricing will remain the same by the time your product is
available to be purchased. There is a chance that it may increase or
decrease at time of purchase. In order to secure the current pricing,
please place a pre- or back-order on www.istore.co.za. Please note that
this is only available for cash purchases.
21. The Waitlist is managed through the MyiStore customer app. All updates for
your selected product will be provided through in-app notifications. Please
ensure the in-app notifications are on, within your app settings. Once your
selected product has arrived in your selected store, you will have 48 hours
to purchase and collect. If not purchased within this time, the unit will
be allocated to the next person on the waiting list.
22. Electronic Software Download:
23. This item does not contain a disc; it is a product key that will be emailed
to you and that requires a download from Office.com. You will receive a
separate email with the link and activation code to download the software
after placing your order. Vouchers and or Voucher codes cannot be redeemed
or exchanged for cash and are not reloadable or refundable.
24. Stock Alert notifications:
25. If you'd like to be kept up to date about when a product comes back in
stock, you can easily request the notification on the website product
pages. Please bear in mind when you receive the notification, that other
customers will also have received the alert too, and so stock may run out
quickly, depending on demand. Please also bear in mind that by signing up
for a stock alert, this doesn't not secure a price. Pricing may change from
when you initially set the alert and when stock does becomes available.
4. Network Provider contracts at iStore
Summarised terms:
4. ZA Online Stores (Pty) Ltd t/a iStore (“iStore”) is a reseller of the
network operators - MTN, Telkom and Vodacom and will perform the contract
application on the customers behalf.
5. iStore undertakes to process and use Subscriber Personal Data only for the
purpose for which it has been collected and undertakes that this processing
must be carried out in accordance with any notice, consent or other
requirement which may be required by any applicable law from time to time.
6. Contract applications are processed in line with each network operators'
rules of engagement. Products must be insured to the full replacement
value.
7. Queries related to the devices that form part of a contract application
order (iPhone, Mac, iPad or accessories) must be referred to iStore through
one of its customer contact channels.
8. The device/s selected is/are the choice of the customer and that the/their
features, capacity, colour and functionality are relevant to a customers'
needs.
9. The subscription (price plan) selected is the choice of the customer and
the conditions and billing of the subscription and its benefits in terms of
airtime, voice minutes, SMS's and Data have been explained, including any
monthly billing, bundles and once-off charges.
10. Products acquired through a contract application via iStore will be subject
to the standard iStore returns and repairs' policy.
11. The device taken out, on contract basis, is only returnable based on
technical faults as determined by an Apple Authorised Service Centre (of
which iStore is one).
12. International Roaming may be subject to a deposit, paid to the selected
Network Operator.
13. FUP (Fair Usage Policy) may apply to my contract.
14. VAS (Value added Services) or insurance amendments applicable to the
contract and device/s must be done by the customer by contacting the
relevant entity.
15. It is the responsibility of the customer to insure the newly contracted
device.
16. A standard activation/upgrade fee may be applicable to facilitate an
application.
17. All Network Provider terms and conditions apply. To view ta full set of
these please visit the following websites.
4. Vodacom: https://www.vodacom.co.za/vodacom/terms/terms-and-conditions
5. MTN: https://www.mtn.co.za/pages/termsandconditions.aspx
6. Telkom:
https://apps.telkom.co.za/today/media/downloads/Telkom_Mobile_Subscriber_Ts&Cs
18. Key terms related to:
19. New Line:
20. • Billing is done on a Pro-Rata basis in the 1st month from the moment that
my new line is activated.
21. Port:
22. • Once a number port request has been successfully completed, ALL
accumulated airtime, voice (minutes), SMS's and Data on the old SIM and
network will be forfeited.
23. • A customer will have to give provide the current network provider 30
days' notice to port out of their network and that this can only happen
once the full contract term with the current network provider has reached
finality.
24. Upgrade:
25. • For early upgrades, there may be financing outstanding on a previous
contract and this outstanding finance will be added/settled upfront onto a
new contract until it is settled in full.
5. Payments
5. You will be able to make use of the following means of payment for any of
the iStore products:
5. Cash in South African Rands (EFT online)
6. Debit Card
7. Credit card
8. Discovery Miles
9. MiStore vouchers, coupons and iStore Gift cards
10. Mobicred (online only)
11. Payflex (online only)
12. Float (online only)
13. Pay by Bank (online only)
6. iStore takes extensive steps to ensure that all transactions are secure.
All transactions made through the Website are encrypted. You acknowledge
that transactions that are performed over the internet may be vulnerable to
being intercepted. iStore will not be liable for any loss that you way
suffer as a result of any interception.
7. Where payment is made by credit card, iStore may require additional
information in order to authorise and/or verify the validity of payment. In
such cases we are entitled to withhold delivery until such time as the
additional information is received by us and authorisation is obtained by
us for the amounts. If we do not receive authorisation your order for the
products will be cancelled. You warrant that you are fully authorised to
use the credit card supplied for purposes of paying the products. 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.
8. iStore reserves the right at any time and without giving you any advance
notice to make changes to the prices of goods and to correct any pricing
errors that may inadvertently occur.
9. Some products are not necessarily available in all stores and the prices on
this Website may vary in-store from time to time, therefore iStore cannot
guarantee that any particular product will be available at the price
displayed on this website in-store.
10. Payflex
11. To apply for your Payflex account, select Payflex as your payment method at
checkout, provide your ID number, cellphone number, email address, and
Payflex will assess your application. Make sure that all these details are
correct and only belong to you.
12. Payflex does not guarantee acceptance to the Pay-Later Service and reserves
the right to decline your request for the Pay-Later Service at their sole
discretion, even if you have previously used the Pay-Later Service and paid
your instalments in full and on time for other transactions.
13. In order to be eligible to use Payflex as a payment method, you are
required to be over the age of 18, have a South African-issued Visa or
Mastercard debit, cheque, or credit card, currently reside in South Africa
and have a good credit history.
14. Payflex will require the first payment to be paid upfront and your goods
will be delivered as per our existing delivery times for your region. After
that, the next three (3) payments will be deducted every two (2) weeks,
over six (6) weeks, through an automatic debit from your bank card. So,
make sure to have funds in your account on that date to honour the payment
and avoid any late fees.
15. If the price of the product you want to purchase is more than the spend
limit Payflex has given you, this is considered a “Heavy Basket”. In this
scenario you will pay the full excess amount that is above what you qualify
for from Payflex upfront as the first instalment and the spend limit that
you have qualified for will be split over the last 3 instalments.
For example, if your spend limit is R3000.00 and you wish to buy something
for R10,000, your instalments would be as below:
Payment 1: R7,000.00
Payment 2: R1,000.00
Payment 3: R1,000.00
Payment 4: R1,000.00
16. The Payflex instalment displayed on the web site is illustrative only and
assumes your spend limit is sufficient to cover the full cost of the
product to be purchased.
17. No fees or interest will be charged in respect of the Instalment Plan,
provided that all Instalment Payments are paid in accordance with the
Instalment Plan. Payflex may charge default interest on any overdue amount
(excluding Default Fees) once the Instalment Plan is deemed to be an
incidental credit agreement in accordance with the NCA.
18. The maximum you can spend with Payflex depends on your individual Payflex
assessment.
19. You can use any Visa, Mastercard, American Express (debit, credit, or
cheque) to make a Payflex payment.
20. You are liable for any fees or costs that your bank may charge you when
payment is made using your Card.
21. You can make a manual payment at any time by logging in to your Payflex
customer portal.
22. Float
23. Float is a checkout payment solution that enables shoppers to split
purchases into interest-free, fee-free monthly instalments
24. Customer's can only use their existing Visa or Mastercard credit card.
Debit Cards will not be accepted.
25. Credit is solely dependant on funds available in your Visa or Mastercard
credit card.
26. Float does not impose further minimum or maximum order value.
27. Payment terms will range between 2 - 6 months for products purchased on the
iStore website.
28. Float may place a pre-authorisation (also known as a “reserve”) as a
temporary hold against the credit you have available to spend on your
credit card. This is not a charge and is interest-free.
29. Float payment method is available online only on the www.istore.co.za
website.
30. Float payment method cannot be used to purchase any of the iPhone devices.
31. All returns and refunds to be processed using the existing iStore returns
policy. Once finalised, Float will adjust your instalment plan or refund
money back to you accordingly based on the existing policy.
32. iStore Flex
33. ZAO Tech Financial Services Proprietary Limited t/a iStore Financial
Services is a registered credit provider (NCRCP18437).
34. ZA Online Stores (Pty) Ltd t/a iStore (“iStore”) is a reseller of iStore
Financial Services financing contracts and will perform the contract
application on the customers behalf.
35. iStore undertakes to process and use customer Personal Data only for the
purpose for which it has been collected and undertakes that this processing
will be carried out in accordance with any notice, consent or other
requirement which may be required by any applicable law from time to time.
36. Contract applications are processed in line with iStore Financial Services
credit policies and procedures.
37. Queries related to the devices that form part of a contract application
order (including iPhone, Mac, iPad or accessories) must be referred to
iStore through one of its customer contact channels.
38. The device/s selected is/are the choice of the customer and that the/their
features, capacity, colour and functionality are relevant to a customers'
needs.
39. The device finance (price) plan selected is the choice of the customer and
the conditions and billing of the instalment and any additional benefits
therein have been explained, including any monthly billing, once-off
residual values payments and once-off charges.
40. Products acquired by means of a successful contract application via iStore
Financial Services (through its affiliate iStore )will be subject to the
standard iStore returns and repairs' policy.
41. The device taken out, on contract basis, is only returnable based on
technical faults as determined by an Apple Authorised Service Centre (of
which iStore is one).
42. VAS (Value added Services) or insurance amendments applicable to the
contract and device/s must be done by the customer by contacting the
relevant entity.
43. It is the responsibility of the customer to insure the newly contracted
device.
44. A standard once-off initiation fee may be applicable to facilitate an
application.
45. All iStore Financial Services terms and conditions apply as noted in the
Instalment Sale Agreement.
46. For early upgrades, there may be financing outstanding on a previous
contract and this outstanding finance must be settled upfront before
entering into a new contract.
6. Delivery and Collection
1. When you order the products off the Websites you may elect to either:
1. collect the products at any iStore branch identified on the Website; or
2. request that the products be delivered to you.
2. Delivery:
3. iStore will perform deliveries through a third party service provider. You
may be required to provide a valid form of identification when your order
is delivered.
4. iStore is not liable for any incorrect order or delivery where you make an
error in the information that you provide to iStore e.g. if you provide the
incorrect delivery address or submit an incorrect order.
5. You acknowledge that the delivery of your order may be impacted by events
beyond iStore's control such as adverse weather conditions or industrial
action. iStore is not liable for late deliveries of products purchased
through the Website. iStore will, however, try to ensure a smooth delivery
process.
6. Same Day Delivery - Johannesburg, Pretoria, Cape Town and Gqeberha only:
7. Same day deliveries are only available for Johannesburg, Pretoria, Cape
Town and Gqeberha at this time and can only be done on certain products due
to size restrictions.
8. Same day delivery is free for all purchases. Same day will reflect at
checkout on qualifying products. Delivery cut offs may apply based on
resource capacity. Order early to avoid disappointment.
9. Order must be placed and paid by 11:00 each day in order to qualify for
same day delivery. Orders placed after this time will be delivered as soon
as possible the following working day. Same day is also subject to driver
availability. As far as possible, we will endeavour to have orders
delivered within the same day but if this is not possible due to driver
availability, we will delivery as soon as possible the following working
day. Where EFT is used to process a payment for an order, the payment must
first clear in order for the same day order delivery to be placed. EFT
payments can take some time to clear depending on your bank so same day
delivery is not guaranteed unless payment is immediate. Should there be any
delays due to inclement weather or any acts outside of the control of
iStore or 1Fetch, the order will be delivered as soon as possible.
Customers will be notified in such instances. If for whatever reason the
order cannot be delivered on the same day, it will be delivered first thing
on the next business day. Customers will be notified in such instances.
10. Collection:
11. If you elect to collect the products from a Store, the Website will present
a list of Stores that have or will have the products that you have ordered.
You may then select the Store that you will be able to collect the products
from (the "Collection Store").
12. If a product is not stocked in a particular Store, you will not be able to
select that Store as the Collection Store on the Website.
13. The availability of the stock at the Collection Branch is as at the time
the transaction is processed on the Website and the product may
subsequently become unavailable between the time you completed the
transaction and the time you go to collect the products from the Collection
Branch. If the product becomes unavailable after the transaction of the
Website, iStore will inform you and advise when the product may be
available at that Collection Branch. You may then elect another Collection
Branch, to have the order delivered to a delivery address or cancel the
order and the iStore will make a refund to you.
14. After successfully completing the transaction on the Website, you will
receive a confirmation e-mail advising you of the status of your
transaction and the Collection Branch you have chosen. You will further
receive another email and SMS with collection instructions. The iStore will
also advise you when your products are ready for collection at the
Collection Branch. Please do not attempt to collect the products from the
Collection Branch prior to receiving communication from the iStore that
your order is ready for collection (the "Collection Notice").
15. A store consultant will assist you at the Collection Branch and will
require you to present valid identification in the form of a RSA ID
document, passport or a drivers license as well as the unique pin (One Time
Pin) issued via email or SMS.
16. If you fail to collect your order from the Collections Branch within 7 days
from the date of the Collection Notice, iStore may cancel the order and
refund you.
7. Trade-In
1. iStore offers you the opportunity to trade in your used iStore products
(the "Trade-in Product") in exchange for a discount in any of the iStore's
new products ("New Products").
2. The value of the Trade-in Product will be used as part payment for the New
Product or you may elect to receive a store voucher ("Trade-in Voucher") to
the value of the Trade-in Product.
3. Trade-in Products:
4. If you wish to trade-in any of your used iStore products, you will be
required to bring the Trade-in Product to a store.
5. You will be able to trade-in multiple Apple Products (irrespective of make
or model) towards the purchase of one new Product or a Trade-in Voucher.
6. When you bring in a Trade-in Product, the iStore 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.
7. All Trade-in Products must be at least electronically functional to be
considered for the trade-in process.
8. All Mac laptops / PC Laptops and iMacs require an original Apple charger /
PC Charger and or adapter to be considered eligible for trade in. A trade
in will not be able to be accepted if these components are missing.
9. 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.
10. All Trade-in Products will be assessed against iStore system objective
grading criteria and the assessment results pertaining to the condition of
the Trade-in Product shall be final.
11. After the assessment, the iStore 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.
12. You must be 18 (eighteen) years or older in order for iStore to accept the
Trade-in Product. A valid I.D document is required for all South African's
and valid passport for all foreign nationals
13. All your data must be backed up and or removed from the product being
traded in and Find my iPhone must be deactivated. For Android Phones,
Android device manager needs to be disabled. Should you accept the trade in
value offered, your device data will be wiped and restored to factory
settings.
14. International devices may be traded in providing they pass the trade in
criteria checks.
15. In the event that 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, iStore
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 iStore
harmless against any loss or damages that the iStore may suffer as a result
of iStore reliance on false information relating to the Trade-in Product
including but not limited to the lawful owner of the Trade-in product.
16. Please note that we may have to remove a screen guard/screen protector from
any device to fully assess the screen. These screen guards/screen
protectors will not be replaced and customers will not be compensated for
the removal of them.
17. A trade-in device may not be traded in before the cellular upgrade date. If
a trade-in device is on an existing cellular contract, the device will only
be eligible for trade in from the point when the the contract is ready for
upgrade according to the cellular provider.
18. The value of a trade-in device cannot be used as a settlement against an
existing cellular contract. This obligation resides with the contract
holder of the device and the cellular provider.
19. Trade-in Vouchers:
20. Trade-in Vouchers are valid for 3 years after it has been issued to you or
any other longer period as may be stipulated on the Trade-in Voucher. If
the Trade-in Voucher has not been used within the stipulated period, it
will expire.
21. The Trade-in Vouchers do not accrue interest and cannot be exchanged for
cash once issued.
22. iStore is not responsible for any harm due to the loss, unauthorised use or
unauthorised distribution of a Trade-in Voucher, after it has been issued
to you.
23. Online Trade-in:
24. Customers who have bought an iPhone online within the last thirty days from
iStore qualify for cash back. iPhones purchased another way or in-store
will receive an iStore Gift card. All you will need to do is visit
istore.co.za, provide your proof of purchase and a copy of your South
African identity document. Please note that we only process payments into
South African bank accounts. Customers will need to provide proof of
banking before a cash back is issued. If you have not bought an iPhone from
iStore in the last thirty days but still want to trade in a iPhone, we can
offer you an iStore gift card which you can use in-store or online at a
later stage. Online trade-ins are limited to one iPhone at this time.
25. The process for online trade-ins is as follows:
1. You'll be required to log onto istore.co.za and complete the Online
Trade In Form. Please be sure to indicate whether you have or have not
purchased a new device within the last 30 days.
2. Following submission of the form, you'll be sent a notification that our
courier will be reaching out to collect your iPhone.
3. Following collection, your iPhone will be taken to our Trade In Centre
for full assessment and diagnostic testing.
4. Following assessment, you'll be sent an email with a final trade in
value for final review.
5. If accepting, and you have purchased a new iPhone in the last 30 days
you can expect your refund within 10 days. The refund is done via credit
card, this will strictly be done to the card used for the new iPhone
purchased online.
6. If accepting, and have not purchased a new iPhone you will receive an
iStore voucher within 3 days.
26. We use remote diagnostics to conduct a basic assessment of the iPhone. In
order to do this, find my iPhone must be switched off and all data is
erased from iPhone before sending it iStore. We rely on our physical
description of the iPhone being traded-in as true and correct, however if
upon physical inspection of the iPhone, we discover a different position,
we reserve the right to change the indicative value. If you are not happy
with such value, we will return the iPhone back to you. As mentioned, the
basic assessment is limited and more comprehensive testing will be carried
out once the device has been collected by the courier and received by us to
determine whether the iPhone has incurred any liquid and/or other damage
and/or the audio functioning. These indicative tests could vary from the
final trade in value of your device.
27. Please note that we may have to remove a screen-guard from an iPhone to
fully assess the screen. These screen-guards will not be replaced and
customers will not be compensated for the removal of screen-guards.
28. Please ensure that you have backed-up all of the data that is on your
iPhone, as all iPhones will be wiped at our trade-in centres. We do not
accept any liability whatsoever for the loss of any data.
29. Trade in with Cellular upgrades
30. Cash back for cellular contract upgrades is only applicable upon a
successful activation of the cellular contract. Cash back will not be paid
prior to receiving the network activation notification. Activation time can
vary per network.
31. Cash back is not applicable for migrating a contract to an existing device.
Cash back only applicable when upgrading to a new contract or contract
upgrade to a new device only.
32. Cash back will be limited to a maximum possible payment of R20 000
dependant on the product that is being traded in.
33. Cash back on your trade-in value is strictly limited when upgrading your
cellular contract at iStore. iStore gift card is available for all other
trade-ins.
34. Cash back will only be available on iPhone trade in. Cash back is currently
not available for any other Apple device.
35. Cash back on iPhone trade in for cellular upgrade strictly works against a
single iPhone for trade in, not multiple devices. A customer will only be
able to trade in one iPhone when upgrading their cellular contract in order
to get cash back.
36. Cash back is specific only to individuals contract new lines or upgrades
and not business contracts.
37. Customers are required to have a valid South African I.D and proof of their
South African bank account details - Cash back is only valid for South
African bank account holders.
38. For all cash back offering, EFT are expected to clear within 24 - 72 hours
following final approval. Times can vary for transactions over weekends.
39. Any cash back offering which requires a manual processing will take up to
10 days for processing.
40. An accepted and final trade in offer cannot be used to settle an existing
cellular contract. The responsibility remains with the customer to fulfil
their contractual agreement in full with the respective service provider.
41. Trade in of any device on a cellular contract will only be accepted
provided the customer qualifies for an upgrade. Trade in of a device still
on contract outside of upgrade will not be accepted.
8. Returns
1. Please refer to our Returns Policy for more information about returning
products (and related refunds, replacements or repairs). The Returns Policy
is incorporated by reference (which means that it forms part of these Terms
and Conditions).
9. Errors
1. iStore shall take all reasonable efforts to accurately reflect the
description, availability, purchase price and delivery charges of products
on the Website or the Store. However, should there be any errors of
whatsoever nature on the Website or Store (which are not due to iStore's
gross negligence), iStore 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.
2. iStore shall not be bound by any incorrect information regarding the
products displayed on any third-party websites.
10. Privacy
1. Please refer to our Privacy Policy incorporated by reference (which means
that it forms part of these Terms and Conditions).
11. Changes to these Terms and Conditions
1. iStore 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.
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.
12. Disclaimer
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.
2. Whilst iStore takes reasonable measures to ensure that the content of the
Website is accurate and complete, iStore 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 iStore's
representatives, iStore shall not be bound thereby.
3. iStore 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.
4. Although the products sold from the Website or a iStore 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.
5. In addition to the disclaimers contained elsewhere in these Terms and
Conditions, iStore 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 wilful misconduct of iStore, its employees, agents or
authorised representatives. iStore thus disclaims all liability for any
damage, loss or liability of any nature whatsoever arising out of or in in
connection with your access to or use of the Website.
13. Linking to third party websites
1. This Website may contain links or references to other websites ("Other
Websites") which are outside of iStore control. These Terms and Conditions
do not apply to those Other Websites and iStore is not responsible for the
practices and/or privacy policies of those Other Websites or the "cookies"
that those sites may use.
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 thereon.
14. Limitation of liability
1. iStore 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 wilful misconduct of
iStore, its employees, agents or authorised representatives.
2. To the extent permissible by law, iStore will not be liable for any direct,
indirect, special or consequential loss or damages howsoever arising out of
your use of any of the iStore products.
3. iStore 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.
4. You hereby indemnify iStore and hold it harmless against any loss or damage
you or any third party may suffer as a result of your use of this Website,
any Other Website and/or the iStore products.
15. Availability and termination
1. iStore 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.
2. iStore may in its sole discretion terminate, suspend and modify this
Website, with or without notice to you. You agree that iStore will not be
liable to you in the event that 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.
16. Complaints and notice
1. All complaints and queries should be sent by email to talk2us@istore.co.za
2. Any legal notices that you give iStore under this contract must be sent by
registered post to PO Box 782162, Sandton, 2146.
3. Notices must be sent either by hand, prepaid registered post, telefax 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 telefax before 16h30 on a business day will be deemed to have been
received, on the date of successful transmission of the telefax. All
telefaxes sent after 16h30 or on a day which is not a business day will
be deemed to have been received on the following business day; and
4. by email will be deemed to have been on the date indicated in the "Read
Receipt" notification. All e-mail communications between you and iStore
must make use of the "Read Receipt" function to serve as proof that the
e-mail has been received.
4. Where iStore 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, iStore will do so by sending you an email or posting a
notice on this Website. You hereby consent to iStore providing you with
notices or information in this way.
17. Governing law and jurisdiction
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.
2. In the event of any dispute arising between you and iStore, 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.
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.
18. General
1. You may not cede, assign or otherwise transfer your rights and obligations
in terms of these Terms and Conditions to any third party.
2. Any failure on the part of you or iStore to enforce any right in terms
hereof shall not constitute a waiver of that right.
3. If any term or condition contained herein is declared invalid, the remaining
terms and conditions will remain in full force and effect.
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.
5. If you need to obtain a sales record of your transaction to buy products
through the iStore Website, you can contact iStore within 30 days of the
transaction.
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.
7. These Terms and Conditions contain the whole agreement between you and
iStore and no other warranty or undertaking is valid, unless contained in
this document between the parties.
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