Terms and Conditions
TERMS AND CONDITIONS
UNINTENTIONAL & OBVIOUS ERRORS
While all reasonable precautions are taken by MobiFix to provide the most accurate information on our website or any marketing (for online or in-store), in the event that we identify any inadvertent and obvious error(s) in the price, product or service description, images, availability and any other relevant related content, MobiFix will not be obliged to provide you with the affected product(s). Although we do our best to ensure prices stated on this website, on social media or email marketing are accurate, errors do occur from time to time. Where a pricing error occurs (subject to applicable law that cannot be excluded), we will not be bound by the incorrect pricing stated, and reserve the right to cancel your purchase.
MobiFix will make every effort to contact and alert the customer of such an error. In such circumstances the customer will be entitled to cancel the purchase and MobiFix will provide the customer with a full refund for the amount paid once verified.
Furthermore, while we appreciate that the MobiFix website may be used as a source of research and information regarding the listed products and pricing before attending one of our many physical stores to purchase the desired goods, please note that the pricing, description and availability on the MobiFix website does not constitute an offer by any of our physical MobiFix stores. As such, our physical stores will not be obligated to honour such online pricing where it conflicts with our physical store pricing where it is determined to be, in our sole discretion, to be an unintentional and obvious error.
We therefore recommend that all customers confirm the pricing and availability with the respective store prior to visiting the store to make their purchase.
USE OF OUR WEBSITE
Our customers are welcome to browse or use our website for their own personal shopping and information purposes only. No other use is permitted without our prior written consent. The unauthorised use, copying, reproduction, variation, modification or distribution of the content of this website, the uploading of any unlawful, damaging information, viral software or the creation of any links to our website from any other site whatsoever is strictly prohibited.
We reserve the right to suspend our website or any part thereof, or terminate your account at any time if we, in our sole discretion, determine that you are not using the website in compliance with these Terms & Conditions and/or if we believe the information provided by you is untrue, inaccurate or incomplete.
USE OF OUR WEBSITE OUTSIDE OF SOUTH AFRICA
Customers who are not resident in the Republic of South Africa are welcome to use our website in accordance with these Terms & Conditions and to make online purchases provided that their delivery address is within the borders of the Republic of South Africa.
In order to keep customers informed of our offerings, MobiFix will store our customers’ personal information on a central computer database and will use this information at sole our discretion in order to:
- Share customers’ personal information with third parties who have a strategic marketing relationship with MobiFix.
- Send customers printed and electronic marketing material to inform them of special offers and products that may be of interest.
- Send customers marketing material from third parties who have a strategic marketing relationship with MobiFix
By purchasing from our website our customers consent to:
- His/her personal information (as defined in the Protection of Personal Information Act 4 of 2013) being processed by MobiFi within MobiFix’s database.
- His/her personal information being shared with third parties who have a strategic marketing relationship with MobiFix.
- Receiving information which may include printed periodic statements.
- Receiving printed and electronic marketing material to inform them of special offers and products that may be of interest.
- Receiving marketing material from third parties who have a strategic marketing relationship with MobiFix. The information provided to MobiFix by our customers is processed and recorded in the MobiFix’ customer database.
Each customer has the right, in accordance with the relevant legislation to:
- Obtain access to his/her personal information held by MobiFix.
- To request the correction, destruction or deletion of their personal information held by MobiFix.
- To object to the processing of his/her personal information.
It furthermore remains the Customers’ responsibility to inform MobiFix of any changes to their personal information.
DISCLOSURE OF INFORMATION
We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, Order of Court or legal process served on us, or to protect and defend our rights or property.
In the event of a fraudulent online payment, MobiFix is entitled to disclose relevant personal information for criminal investigation purposes, or in line with any other legal obligation for disclosure of the personal information which may be required of it.
Whilst we will do all things reasonably necessary to protect your right of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.
If you disclose your personal information to a third party, such as an entity which operates a website linked to this Website or anyone other than MobiFix, MobiFix shall not be liable for any loss or damage, howsoever arising, suffered by you as a result of the disclosure of such information to the third party.
ACCURACY OF INFORMATION
All reasonable steps are taken to ensure that the information on our website is accurate and up-to-date. We do not, however, warrant that the content and/or information displayed on our website is always accurate, complete and/or current.
Any comments uploaded by users or any authorised experts are their opinions alone and do not necessarily represent our values, views, opinions, or beliefs.
RATINGS AND REVIEWS
Any comments uploaded by customers or any authorised experts are their opinions alone and do not necessarily represent the views, opinions, beliefs or values of MobiFix. By uploading their review / rating, the customer consents to having their name and comment displayed on the website in relation to the product that the customer has reviewed / rated and may be published by MobiFix in relation to the specified product.
Should you use the rating and review platform to display and spread any hate speech, vulgarity or any other response that is deemed to be harmful at the sole discretion of MobiFix, the offending review/ remark will be removed from our website without any notice to the customer responsible for its creation, and may result in the customer’s account being suspended and will further be unable to fully use our website.
Furthermore, should MobiFix suffer any harm as a result of the comments of the user, we reserve the right to prosecute our claim for damages against the customer personally for the harm and / or loss (be it direct, indirect or consequential) sustained by us as a result of any action or omission of the user.
All material on the site (editorial and audio-visual) is protected by copyright. All of the website’s intellectual property rights are specifically reserved. All rights, including but not limited to, copyright, trademark and other intellectual property rights embodied in any logos, text, images, video, audio or other material on this website are owned by or licensed to us. Any unauthorised use, reproduction, modification and/or distribution of the content of this website is strictly prohibited and constitutes an unlawful infringement of our intellectual property rights.
ADVERTISING AND HYPERLINKS
At times there may be external hyperlinks which may appear on our website. We do not necessarily have a relationship with any third party who is linked to our web site, nor does a link signify our endorsement of the third party, its products and/or services. Your reliance on any information contained in such third-party material is entirely at your own risk.
PRODUCT SALES AND AVAILABILITY
All products displayed on our website are subject to availability and will be delivered only within the Republic of South Africa where we can accommodate deliveries. All prices shown on our website are quoted in South African Rands (ZAR) and are valid and effective for delivery only in the Republic of South Africa.
We cannot always guarantee stock availability and will deliver a substitute product, if possible, where our customers have authorised us to do so. If we are unable to supply certain items or quantities ordered, our customers nevertheless agree to accept delivery and make payment for the items delivered.
We reserve the right to discontinue and/or change the specifications of our products and services from time to time without notice. We will inform our customers as soon as possible if any products or services ordered by you are not available. Our customers will be charged the prices that are reflected online, subject to availability and their elected delivery address.
The prices reflected are Value-Added Tax (VAT) inclusive. Special promotions may be subject to certain additional conditions, including but not limited to, stock availability and limited offer stipulations. Special promotions apply only to items on your original online order (i.e. not on items which are added after the order was placed).
We reserve the right to limit quantities of promotional products to 2 (two) per customer or while stocks last if necessary and at our sole discretion.
RETURNS AND REFUNDS
If you are, for any reason, dissatisfied with any item purchased online, you may return it to any MobiFix store within 60 (Sixty) days* of purchase for a full refund, replacement or exchange provided you have the original tax invoice, and it is in its original packaging. Please note that E-vouchers may be purchased online and no refunds are permitted in this regard. The defective product(s) can be returned up to 6 (six) months from date of delivery by contacting our helpful customer service team who will advise you accordingly.
- A “Defective Product” is one which contains a material imperfection in the manufacture or design that renders the product less acceptable, useful or safe than reasonably expected, under the circumstances. A product is in a defective condition if it is dangerous to the user or to the consumer, when used in the prescribed way and/or for the purpose for which it was manufactured or designed.
- The product must be defective in itself (due to manufacture or design fault) and not damaged due to inappropriate use.
- When returning a product after the 60 (Sixty) day standard returns period, a customer must provide full reasons for alleging that the product is defective, comply with the standard returns policy and, including stating how the product was utilised during the period that it was in the customer’s possession.
- Kindly note that due to a variety of unforeseen events, our customers may experience double debits when making their purchases. Should this occur, kindly inform our MobiFix Customer Care Services immediately in order to investigate the matter. Once confirmed that a double debit has occurred, we will refund the funds debited to your bank account in line with our refunds policy below.
- Please note that should you elect for a refund for any successful returns or refunds for double debits, it may take between 5 – 10 business days, depending on your banks processing times, in order for the funds to reflect in your account. Kindly further note that the refund method chosen will be the same as the payment method originally used i.e payment by credit card will be refunded to the specified credit card used, payment by EFT will be refunded to your nominated bank account, and payment by Discovery Miles will be refunded to your Discovery Miles account.
Deliveries are made Monday to Friday, between 10h00 and 17h00. MobiFix does not deliver over weekends and on any recognised or statutory South African public holidays.
Delivery of any order by MobiFix will only be effected to accessible areas, in the sole discretion of MobiFix, situate within the borders of the Republic of South Africa.
Should you wish to amend or change the delivery address for your order, kindly email us on email@example.com to effect the change. Kindly note that the change of delivery address will only be applicable where the order has not been despatched from our warehouse. MobiFix will not incur any liability in the successful delivery of the order to the nominated delivery address as per the order confirmation email.
While we endeavour to make every effort to ensure that accurate shipping estimates are provided on the website, we make no warranty that the order will be received by you within said time.
Unfortunately, items may be delayed for a variety of reasons beyond our control. When we are informed of any delays that will mean your items will arrive after the shipping estimate period has elapsed, then we will attempt to notify you as soon as possible. You may cancel a delayed item, without incurring any re-stocking fees, at your discretion, or wait for it to arrive.
Due to the influx of purchases taking place on Black Friday, and while we will always endeavour to ensure that your Order(s) are timeously delivered, kindly anticipate unforeseen delays due to the strain placed on our couriers nationally.
DISCLAIMERS AND EXCLUSIONS OF LIABILITY
MobiFix makes no representations or warranties of any kind, whether express, implied or otherwise. MobiFix or their agents/representatives or employees accept no liability, for any direct, indirect, incidental, special or consequential loss or damage of any kind whatsoever or howsoever caused arising from the use of our website or the purchase of any of our products or services.
You agree, by using this website, to indemnify us against any loss or damage suffered or liability incurred by reason of any act or omission on your part or that of any third party acting on your behalf in connection with your use of our website and/or your purchase of any products or services.
In the event that any clause contained in these Term(s) is/are invalid or unenforceable, then such clause shall not affect the validity or enforceability insofar as the remaining clauses of these Terms are concerned. MobiFix shall not be regarded as having waived, or be precluded from exercising any right under these Terms by reason merely that we have provided any indulgence to our customers or we fail to exercise or delay exercising any right we may have, whether the same right or any other right contained herein.
This website makes use of “cookies” to automatically collect information and data through the standard operation of the Internet servers. “Cookies” are small text files a website can use (and which we may use) to recognise repeat users, facilitate the user’s on-going access to and use of a website. This allows a website to track usage behaviour and compile aggregate data that will allow the website operator to improve the functionality of the website and its content, and to display more focused advertising to a user by way of third party tools.
Please note that cookies may be necessary to provide you with certain features available on our Website, and thus if you disable the cookies on your browser you may not be able to use those features, and your access to our Website will therefore be limited. If you do not disable “cookies”, you are deemed to consent to our use of any personal information collected using those cookies, subject to the provisions of this clause
GOVERNING LAW, JURISDICTION NOTICES
Your use of our website, any purchase by you on this website of any products and these conditions will be governed by and construed in accordance with the laws of the Republic of South Africa and will be deemed to have occurred in the Republic of South Africa. You agree, as we do, to submit to the non-exclusive jurisdiction of the South African courts.
Your statutory rights are not affected by these terms and conditions of sale.
MobiFix hereby selects 4 Northgate Place, Redhill, Durban, KwaZulu-Natal as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”).
MobiFix may change this address from time to time by updating these Terms and Conditions. You hereby select the delivery address specified with your order as your legal address, but you may change it to any other physical address by giving MobiFix not less than 7 (seven) days’ notice in writing. Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English.
All notices sent - by hand will be deemed to have been received on the date of delivery; by prepaid registered post, will be deemed to have been received 10 days after the date of posting; by email will be deemed to have been on the date indicated in the “Read Receipt” notification. All email communications between you and us must make use of the “read receipt” function to serve as proof that an email has been received.
MobiFix reserves the right to alter or amend all its Terms and Conditions without notice. Any abuse whatsoever of the website by any customer constitutes a criminal offence to which shall be dealt with the requisite authorities. Other limitations on the use of the website may be communicated from time to time.
Browsing our website irrevocably signifies your agreement to the above Terms and Conditions.
Feedback and Complaints
We welcome any comments about our service, so we can improve it. Our aim is to deal with any problems quickly and fairly. If you wish to complain, let us know about your unpleasant experience you have had with our company, please e-mail our Customer Care Service department stating clearly that you are making a complaint and use email address: hello@mobiFixsa.com
While we will endeavour to respond within 24 (twenty-four) hours to let you know that we are working on the matter, our aim is to respond and resolve the matter within five (5) working days, either resolving the complaint, or with a timescale for resolution.