TERMS AND CONDITIONS
These terms and conditions set out the basis on which you are allowed to use our website, acquire our products and / or subscribe to and use our services, and constitute the terms of our agreement with you, which will arise if you continue to use this website or order any of our products or subscribe to any of our services.
Important Notice –
PLEASE READ OUR TERMS AND CONDITIONS OF USE OF OUR WEBSITE, THE PURCHASE AND ACQUIRING OF OUR PRODUCTS AND / OR THE SUBSRIBTION TO AND USE OUR SERVICES
(A) We are eblackbox an online e-commerce platform. We are developed, operated and owned by BRIMA TECHNOLOGIES (PTY) LTD, based in South Africa and trading as BRIMA TECH (“we/us/our”). We are a private company incorporated in accordance with the laws of the Republic of South Africa with registration number 2015/255646/07, situated at 5 Marlin Road, Jet Park, 1459.
(B) Your use of www.eblackbox.co or via any Smartphone Applications or our software (“the website”) will be subject to the then current version of these terms and conditions published on our website at www.ebackbox.co at the time of your use.
(C) These website terms and conditions (“terms and conditions”) govern the ordering, sale and delivery of products and/or services, and the use of the website.
(D) These terms and conditions are binding and enforceable against every person that accesses or uses this website, including each user who registers an account with us (“you/your/registered user”). By using the website and/or by clicking on the “Register Now” button on the website, you acknowledge that you have read and agree to be bound by these terms and conditions.
(E) These terms and conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”). Our terms and conditions contain specific provisions to limit our liability, allocate risk or liability to you or constitute acknowledgement of facts by you. These terms have been highlighted in bold and need special attention as they limit your ability to recover losses that you may incur in connection with your use of our website and/or our products and/or our services.
(F) You must be 18 years or older to be bound by the terms and conditions of the website prior to you using and/or purchasing any of our products and/or services. 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.
(G) We may change these terms and conditions from time to time and such changes will take effect as and when published on our website. Therefore, you should read these terms and conditions at all times prior to using our website and / or purchasing products and / or using our services as the then current version of the terms and conditions will apply to your use, our products and/or our services.
(H) Your use of this website and / or the purchase of our products and / or the subscription to or the use of our services, constitutes acceptance of these terms and conditions, which governs your relationship and any transaction with us. If you do not agree to these terms and conditions, please do not use this website and / or order any of our products and/or subscribe to or and/or use our services. If there is any provision in these terms and conditions that you do not understand, it is your responsibility to ask us to explain it to you before you accept the terms and conditions or continue using the website. 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 us in terms of the CPA.
(I) The term “product(s) and/or services” refers to the products and / or software and / or services we sell, advertise, promote and market. The term “software” refers to any cell phone / mobile phone or PC or Laptop software that we sell, advertise, promote and market.
(J) Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
(K) Your use of any information or materials on this website and/or our products and/or our services is entirely at your own risk, for which we, nor our supplier and/or our manufacturer shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
(L) Unauthorized use of this website and/or our products may give rise to a claim for damages and/or be a criminal offence.
(M) We reserve the right, without notice and in our sole and absolute discretion, to make changes to any parts of our website and/or computer systems. We specifically reserve the right at any time to change or discontinue without notice, the availability and/or price and/or any aspect and/or feature of the products and/or services. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any of the products and/or services.
- Registration and use of the website
1.1 Only registered users may order products and/or services on the website.
1.2 To register as a user, you must provide a unique username and password and provide certain information and personal details to us.
1.3 You are responsible for keeping usernames and passwords secure. We are not responsible for any losses you might incur due to your username and/or password being misused by a third party. You will be personally liable for all and any transactions concluded on your account.
1.4 You agree to notify us immediately upon becoming aware of or suspecting any unauthorised access to or use of your username and password and you agree to take all reasonable steps to mitigate any loss or harm to you.
1.5 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. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the website or the information contained herein.
- Ordering and payment
2.1 You may place orders for products and/or services, which we may accept or reject. Whether or not we accept an order depends on the availability of such product/s and/or services ordered, the correctness of the information relating to the products and/or services (including without limitation the price) and receipt of payment or payment authorisation by us.
2.2 We will indicate the acceptance of your order by delivering the products and/or services to you, and only at that point will an agreement of sale between you and us come into effect. This is regardless of any communication from us stating that your order or payment has been confirmed. We will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
2.3 Prior to delivery of the products and/or services, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery of the products, you may return the products only in accordance with the Returns Policy as set out below.
2.4 Any products and/or services placed in your shopping basket without completing the purchase does not constitute an order, and as such, products may be removed from your shopping basket if stock is no longer available or if the price thereof changed, without any notice to you. You cannot hold us liable if such products and/or services are not available or are not available at the particular price when you complete or attempt to complete the purchase at a later stage.
2.5 You acknowledge that stock of all products and/or services on offer is limited and that pricing may change at any time without notice to you. We cannot guarantee the availability of stock and when products and/or services are no longer available after you have placed an order, we will notify you and you will be entitled to a refund of any amount already paid by you for such products and/or services.
2.6 We accept PayFast as a form of payment. The order will not be accepted until the funds have cleared in our bank account. Current billing address, delivery address and phone information must be included with every order.
2.7 You hereby warrant that you are duly authorised to make payments from the account as provided to us and you hereby authorise us to pay all amounts to be refunded, if any into the same account.
2.8 Ownership of all orders remains vested in us until payment is made in full and the same is delivered to you.
2.9 The reselling and/or distribution of our products and/or services, is strictly prohibited. Should we suspect that any of our products and / or services are being purchased for sale, we are entitled to cancel your order immediately without notice to you.
3.1 Prices are inclusive of VAT but exclude delivery charges and any other applicable costs. Delivery costs and any other applicable costs are charged separately on check out and do not form part of the product price displayed.
3.2 Prices for our products and/or services, are subject to change without notice.
3.3 We reserve the right to correct any pricing errors or other errors on our website, to limit the order quantity for any item, and to refuse service to any customer.
- Shipping and Delivery
4.1 All orders are delivered to you by the use of a third-party courier.
4.2 Our delivery charges are subject to change at any time, without prior notice to you. You will see the applicable delivery charges on your order when you check out.
4.3 Upon acceptance of your order and receiving full payment thereof, we will deliver your order to you as soon as reasonably possible, but no later than 3 (three) -5 (five) days of receipt of your payment. We will notify you if we are unable to deliver the order during this period.
4.4 Our obligation to deliver an order to you is fulfilled when we deliver the order to the physical address nominated by you for delivery of the order. We are not responsible for any loss or unauthorised use of a product, after delivery to the physical address nominated by you.
4.5 You need to ensure that you provide us with a valid delivery address and contact number and choose the correct delivery address and delivery method during the checkout process.
4.6 You accept that in order for us to prove delivery of an order, or part thereof, we do not have to prove that you personally received the products and/or services, but that any person at the delivery address specified on your order signed for the delivery.
4.7 Should a delivery be returned to us as undeliverable, we will let you know and request that you to make arrangements to have the parcel collected from us or re-delivered to you. You authorise us to dispose of, donate, or resell the contents of parcels not collected within 2 (two) months of such request being made.
4.8 Should you receive a delivery where the contents of the package do not match the items listed on the dispatch note included in the package, you agree to notify us without delay and we will not be liable for shortages not reported within 7 (seven) days of you having received the package.
5.1 We 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, we 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 below.
5.2 We shall not be bound by any incorrect information regarding our products and / or services displayed on any third-party websites.
- Warranty & Return Policy
6.1 Although our products and/or services, 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.
6.2 If you qualify as a consumer in terms of the CPA then all of our products sold to you are sold with an implied warranty of quality against any defects for 6 (six) months of normal household or business use, from the time we delivered the products.
6.3 Defective products are those that had a defect or were unsafe when we supplied them. A defect usually means that the products were manufactured using materials, components or workmanship below an acceptable standard. You must prove that the products you ordered and received, are defective.
6.4 In the event that any product being defective, you shall be entitled to, upon the return thereof receive an exchange / replacement without any additional charge, on the condition that such defective product is still within the warranty period. For the avoidance of doubt, all costs for transport for returning the defective product and the costs of transport for the replacement product still under warranty, are for our account.
- Links to other websites
From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). Your use of this website and any dispute arising out of such use of the website is subject to the laws of South Africa.
- Cancellation of Orders and Refunds
8.1 Prior to delivery of your order, you may by written notification to us, cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery or your order, you may return the purchased order only in accordance with the Returns Policy above.
8.2 On receipt of the cancellation notice we will refund you for the value of the order.
8.3 If your order has shipped, prior to your cancellation notice or if your order has been shipped and you refuse to take receipt of the delivery, you will be held responsible for the cost of shipping in both directions and a reasonable cancellation charge of 25 % (twenty five percent) of your order.
8.4 You will be liable for any bank charges relating to a refund.
9.1 The use of the website and/or our products and/or services, are entirely at your own risk and you assume full responsibility for any risk or loss resulting from use thereof or reliance on any information on the website and/or our products and/or our services.
9.2 Whilst we take reasonable measures to ensure that the content of the website is accurate and complete, we make 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 any of our representatives, we shall not be bound thereby.
9.3 In addition to the disclaimers contained elsewhere in these terms and conditions, we also make 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 our gross negligence or wilful misconduct, our employees, agents or authorised representatives. We thus disclaim 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.
9.4 Our products and/or services are provided subject to applicable law and consumer protection legislation, but are otherwise provided without any additional warranty (other than the warranty supplied by the manufacturer), and not subject to any condition (express or implied), except as specifically stated on the website.
9.5 We undertake to use reasonable endeavours to maintain the operation of the website and /or our products and/or our services, however we cannot guarantee continuous, uninterrupted or secure access to the service and operation of the website and mobile systems. We will not be liable for any delay or failure in the running of the services, or the working of the website and/or mobile systems, where such failure is due to factors beyond our control.
9.6 We will not be held liable for any indirect, special or consequential losses of any kind whatsoever arising from, or in connection with any product and/or services (whether in contract, statute or delict).
9.7 We will be excused from a failure to perform or delay in performance of our obligations hereunder if and to the extent that circumstances beyond our reasonable control or delays such performance.
- Restricted Activities
11.1 We prohibit the following uses, and should it be found, at our sole discretion that you have created your account and / or purchased any products and / or services for any of the following, your account will be closed without notice:
11.1.1 any illegal purpose, or in violation of any local, provincial, national, or international law, including, without limitation, laws governing intellectual property, taxation and other proprietary rights and data protection and privacy;
- to defame, harass, abuse, threaten or defraud others, or collect, or attempt to collect, personal information about users, registered recipients, or third parties, without their consent;
- distributing material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful; and
- displaying, publishing, copying, printing, posting or otherwise using the website and/or the information contained therein without our express prior written consent.
- You may not access or use our website and/or products and/or services for any purpose other than for utilizing the products and/or services offered via such systems in the normal manner. You may not use or access our website and/or products and / or services in a manner that would bring us, our business and/or any of our affiliates (including but not limited to our suppliers and / manufacturers of our products) into disrepute. Furthermore, you may not access or use our website and/or products and/or services and/or mobile systems for unlawful purposes or use it in a manner which infringes our rights or the rights of any other person or restricts.
- Complaints and After Sales Assistance
We aim to provide you with quality services. If, however, you feel that you have cause to complain or if you require any after sales assistance, you can email us at email@example.com or call us on 08611 25225 (BLACK)
- Availability and termination
13.1 We may in our sole discretion terminate, suspend and modify this website and/or services, with or without notice to you. You agree that we will not be liable to you in the event that we choose to suspend the website and/or services to you should you fail to comply with your obligations under these terms and conditions, without any prejudice to any claims for damages or otherwise we may have against you.
13.2 We are entitled, for purposes of preventing suspected fraud and/or where unlawful use of our products and/or services, refuse to accept or process payment on any order, and/or to cancel any order concluded between us and/or suspend or terminate your access to the website and/or our services.
- Governing law and jurisdiction
14.1 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 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. Nothing herein limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
15.1 We hereby select 5 Marlin Road, Jet Park, 1459 as our address for the service of all formal notices and legal processes in connection with these terms and conditions (“legal address”). We may change this address from time to time by updating these terms and conditions.
15.2 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 us not less than 7 (seven) days’ notice in writing.
15.3 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 (ten) days after the date of posting; and 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.
16.1 These terms constitute the entire agreement between you and us in respect of the use of the website and/or our products and/or services offered.
16.3 Our failure to enforce any provision of this agreement strictly will not be construed as a waiver of any provision or right. In the event that a portion of this agreement is held unenforceable or invalid by any competent authority, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in force and effect to the fullest extent permitted by the law.
16.4 You may not subcontract, cede, delegate, transfer or assign any of your rights, obligations or duties hereunder to any other person without our prior written consent. We may cede, delegate, transfer and assign our rights, obligations and duties hereunder to any other person, without your prior written consent and without written notice to you.