Terms & Conditions

DEVICE SHOP (PTY) LTD
TERMS & CONDITIONS

Between Device Shop (Pty) Ltd (“Device Shop”, “we”, “us”, “our”) and you (“user”, “customer”).

  1. DEFINITIONS

1.1 “Terms and Conditions” means these terms of use together with the policies we refer to in these Terms.
1.2 “Website” means deviceshop.co.za.
1.3 “Goods” means any products sold or offered for sale by Device Shop.
1.4 “Services” means use of the Website and any related services offered online.
1.5 “CPA” means the Consumer Protection Act 68 of 2008.
1.6 “ECTA” means the Electronic Communications and Transactions Act 25 of 2002.
1.7 “Policies” means, collectively, the Returns & Refunds Policy, the Privacy & POPIA Notice, the Cookies Policy, the Warranty page and the Grading page, each published on the Website.
1.8 Singular includes plural, natural persons include juristic persons, and headings are for convenience only.

  1. INTRODUCTION

Device Shop is a supplier of refurbished, ex-corporate and graded IT equipment throughout South Africa. These Terms are binding and enforceable against every person who uses the Website or buys Goods. By using the Website or placing an order you agree to these Terms and to the Policies. If you do not agree, do not use the Website. Nothing in these Terms is intended to contravene the CPA or unlawfully limit your rights or our obligations where the CPA applies.

  1. WHO MAY USE THE WEBSITE

By using the Website you warrant that you are 18 or older and have full legal capacity. If you are under 18 or not legally permitted to enter into a binding agreement, you may only use the Website under the supervision of a parent/guardian, who agrees to be bound by these Terms.

  1. AMENDMENTS

We may update these Terms and/or the Policies from time to time in our discretion. The version on the Website when you place an order is the version that applies. Continued use = acceptance.

  1. OWNERSHIP & ACCEPTABLE USE

The Website and all content are owned by Device Shop. You may not misuse, attack, hack, overload or introduce malicious code; interfere with other users; or infringe our or any third party’s IP. We may suspend or terminate access if you breach this clause.

  1. ELECTRONIC COMMUNICATIONS

When you use the Website or email us, you consent to receiving communications from us electronically and agree that these satisfy any legal requirement for communications to be in writing, as contemplated in ECTA.

  1. ORDERS, PRICING & PAYMENT

7.1 An online order is an offer to buy. We accept it when we issue an order / payment confirmation.
7.2 Prices are in South African Rand and may change without notice. If there is a clear pricing or stock error, we may correct or cancel and refund.
7.3 Stock, pricing and availability shown on the Website are subject to final confirmation.
7.4 We only deliver in South Africa unless we agree otherwise.
7.5 Risk passes on dispatch (business / non-CPA customers) and on delivery (CPA customers).
7.6 EFT or delayed payment orders are only processed once funds have cleared.
7.7 We may require proof of identity, company details or payment before processing an order and we may refuse or cancel any order (with a refund if already paid) where fraud is suspected, stock is unavailable, or a material pricing / description error occurred.
7.8 Quotations and pro forma invoices are subject to stock on hand and are not a reservation of stock. Stock is only allocated once we receive cleared funds.

  1. OWNERSHIP & TITLE

Ownership of the Goods passes to you only once Device Shop has received payment in full, even if risk has already passed in terms of clause 7.5.

  1. PRODUCT INFORMATION, SUITABILITY & REFURBISHED STOCK

9.1 Product descriptions, images, grades, specifications and availability are published in good faith but may differ slightly from the item supplied, especially with refurbished / ex-corporate equipment.
9.2 Minor differences that do not affect core functionality will not constitute a defect.
9.3 Our separate Grading page (published on the Website) forms part of these Terms and explains our grading.
9.4 It is your responsibility to ensure the Goods are suitable for your intended purpose and environment (performance, OS, compatibility, ports, power, networking, software, etc.). Our team can assist, but the final choice remains yours.

  1. BUSINESS / ACCOUNT PURCHASES

Where Goods are supplied on account or against a purchase order, payment is due strictly on the terms stated on the invoice. We may suspend further deliveries if payment is late.

  1. RETURNS & REFUNDS

11.1 Returns are governed by the Device Shop Returns & Refunds Policy published on this Website (latest version applies).
11.2 In summary: we do not accept change-of-mind or wrong-spec returns; CPA customers may have a 6-month defect remedy; wrong/damaged deliveries must be reported within 48 hours; all returns must be authorised first; handling / courier charges may apply.
11.3 Where the CPA applies, the CPA prevails.

  1. WARRANTIES

12.1 Warranty terms (periods, inclusions and exclusions) are set out on our Warranty page on the Website, which forms part of these Terms.
12.2 Many Goods are sold with a limited hardware warranty only, as described on the product page, invoice or Warranty page.
12.3 Damage from power surges / load shedding, liquid, unauthorised repair, tampering, neglect or misuse is excluded.
12.4 Website information is provided “as is” and we do not warrant accuracy, availability or suitability, to the extent permitted by law.

  1. INDEMNITY

You indemnify Device Shop, its directors, employees and agents against any claim, loss, damage or cost arising from
(i) your breach of these Terms or the Policies,
(ii) your misuse of the Website or the Goods,
(iii) any loss of or access to data on a device you returned, and
(iv) any third-party claim arising from your conduct.

  1. LIMITATION OF LIABILITY

To the maximum extent allowed by South African law, Device Shop will not be liable for any indirect, special or consequential loss or damage, loss of profit, business interruption or loss of data arising from use of the Website, courier delays, stock errors or customer misuse. This does not apply to fraud, wilful misconduct, or any liability that cannot be excluded or limited under the CPA.

  1. FORCE MAJEURE

We will not be liable for any delay or failure to perform due to causes beyond our reasonable control, including but not limited to power outages / load shedding, telecom failures, strikes, labour disputes, civil unrest, fire, flood, acts of God, courier or logistics failures, or changes in law. We may suspend performance for the duration of the event.

  1. PRIVACY & POPIA NOTICE

16.1 We process personal information in accordance with our Privacy & POPIA Notice on the Website.
16.2 That Notice explains what we collect, why, with whom we share it, retention and your rights.
16.3 By using the Website, you consent to such processing.

  1. COOKIES

This Website uses cookies. Details are set out in our Cookies Policy published on the Website. You can disable cookies in your browser, but some features may not function properly.

  1. THIRD-PARTY LINKS & SERVICES

The Website may contain links to third-party websites or payment gateways. These are independent of Device Shop and we are not responsible for their content, security or privacy practices.

  1. UNLAWFUL OR HARMFUL CONTENT

You may not upload, post or transmit any unlawful, defamatory, infringing, abusive or harmful content to or through the Website, or anything that could damage or interfere with the Website.

  1. APPLICABLE LAW, DISPUTES & ARBITRATION

20.1 These Terms and any online sale are governed by the laws of the Republic of South Africa.
20.2 To the extent permitted by law and except where the CPA gives a consumer the right to approach a court, tribunal or ombud, any dispute arising from these Terms or an online sale must be referred to arbitration in Johannesburg, South Africa.
20.3 The arbitration will be held in Johannesburg at a venue determined by Device Shop, before a single arbitrator agreed between the parties, failing which the arbitrator will be appointed by AFSA.
20.4 The arbitration will be conducted in accordance with the Arbitration Act 42 of 1965 and, where appropriate, applying the Uniform Rules of the High Court of South Africa, subject to any directions by the arbitrator.
20.5 The arbitrator’s decision will be final and binding and may be made an order of court.
20.6 Nothing in this clause prevents either party from seeking urgent interim relief from a court with jurisdiction.
20.7 For consumers to whom the CPA applies, this clause does not prevent you from using the forums and remedies made available to you under the CPA.

  1. NOTICES AND DOMICILIUM

21.1 Device Shop chooses as its domicilium citandi et executandi: 6 Burke Street, Kensington B, Randburg, 2194 and [email protected] for electronic notices.
21.2 Notices sent to the latest details on the Website will be deemed received on the 7th day after posting or on the day of transmission (if by email during business hours).

  1. ENTIRE AGREEMENT AND SEVERABILITY

22.1 These Terms, together with any online order, invoice, and the Policies referenced in these Terms, constitute the whole agreement between you and Device Shop in relation to your use of the Website and any online purchase.
22.2 No additional terms, undertakings or representations will be binding unless recorded in writing and accepted by Device Shop.
22.3 If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be severable from the remaining provisions, which will continue to be valid and enforceable.