Terms of Service

All the Legal Stuff, such as warranties and returns and disclaimers

This is where we keep our "fine print". Please read it carefully.

Sufficient to say that we always try to honour the law and give customers the best possible deal. The website is constantly updated and may contain errors and omissions which are hereby expressly disclaimed in the sole opinion of the webmaster.

Website and Email Disclaimer, Terms And Conditions, and Privacy

This website (and associated services such as email) is provided “as is” without any representations or warranties, express or implied by Radio-Shop's webmaster, owners, associates or any other person. Radio-Shop makes no representations or warranties in relation to this website or the information and materials provided on this website. By viewing this website, you agree to fully abide by this disclaimer, and if you don’t agree please leave immediately. Please read the full document. If you have any questions about these policies, please contact us.

General

Access to the services, content and downloads available on the Radio-Shop website may inter alia be classified as “electronic transactions” as defined in terms of the Electronic Communications and Transactions Act, Act No. 25 of 2002 (ECT Act).

Without prejudice to the generality of the foregoing paragraphs, Radio-Shop does not warrant that:
* this website will be constantly available, or available at all; or
* the information on this website is complete, true, accurate or non-misleading; or
* webmaster is the only person that makes changes or updates; or
* webmaster did not make mistakes; or
* the information on this website is monitored or watched; or
* the information will not be updated or deleted without warning or notice
* or that you will be notified of any changes

Nothing on this website constitutes, or is meant to constitute:
* hurt, injury, defamation, slander, insult, damage to good reputation, lies, untruths, directly or indirectly; or
* advice of any kind. If you require advice in relation to any legal, financial, internet or medical matter you should consult an appropriate professional; or
* endorsement of any product or website or tacit encouragement; or
* breach of any existing law, legal requirement, contract or agreement.

For the purposes of brevity in this document any referral to the singular shall include the plural and male shall include female and vice versa. Headings in this document are for convenience and shall carry no weight. The word website is a collective term for all electronically generated content via all media such as internet, email, IM, Chat or Social as anticipated by the South African “Electronic Communications and Transactions Act”, Act 25 of 2002 and other applicable laws.

No relationship exist or is created between the parties by merely viewing this website. Any commercial transaction will generate a unique proposition that is limited to that transaction.

No rights of any kind are or may be or is deemed to be transferred to any other party by this website or transactions derived from it, except those explicitly so conducted; And those shall then be governed by their respective terms and conditions in addition to these basic conditions.

You may only use the website if in terms of South African law you have the legal capacity to enter into an agreement.

Limitations of liability

Radio-Shop will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
* to the extent that the website is provided free-of-charge, for any direct loss;
* for any indirect, special or consequential loss; or
* for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data;
and in all cases the maximum liability shall be limited to R1,00 (one South African Rand).

These limitations of liability apply even if Radio-Shop has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Radio-Shop’s liability in respect of any:
* death or personal injury caused by Radio-Shop’s negligence;
* fraud or fraudulent misrepresentation on the part of Radio-Shop; or
* matter which it would be illegal or unlawful for Radio-Shop to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, Radio-Shop has an interest in limiting the personal liability of its family and friends, associates, affiliates, officers and employees. You agree that you will not bring any claim personally against Radio-Shop’s family, friends,  associates, affiliates, officers, or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Radio-Shop’s friends and family, associates, affiliates, officers, employees, agents, subsidiaries, successors, assigns and sub-contractors (singularly and plurally, male or female) as well as Radio-Shop.

Other parties may link to or from this website or participate in comments and replies with or without the explicit knowledge or visibility of the website, and Radio-Shop shall in no way whatsoever be expected to know about the content of such links. The opinions and publications of other parties are solely their own responsibility and Radio-Shop does not necessarily agree with such. Radio-Shop also doesn’t endorse or encourage such other websites.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of any the other provisions of this disclaimer, which provisions shall remain in force.

Sole Agreement

This website Disclaimer and Agreement is hereby declared to be the only binding agreement between the parties. The latest version will be deemed the one currently published on the website. No changes or alterations or additions will be entertained except where those changes are reduced to writing and agreed to by both parties.

Notice of Intention to Take Action

Notwithstanding any of the foregoing and without prejudice to all the foregoing, you agree to inform Radio-Shop if you find any part of this site offensive or otherwise unacceptable, of your intention to take action before you initiate such action and incur costs to allow for the possibility that a mutually satisfactory remedy might be duly developed to benefit all the parties.

Social Media

In order to protect its reputation and its other clients, Radio-Shop will take the necessary steps to prevent the spread of malicious or harmful content in the social media space, including IM, Social Media, Online Database, Chat, and includes all devices such as fixed or mobile.

Further Conditions Relating To Email

You may have accessed this webpage by clicking on the warnings and disclaimer hyperlink appearing on an email sent to you by an official from Radio-Shop in South Africa (“the email”). The full text of the warnings and disclaimers appears below and is legally incorporated into the email in terms of the South African Electronic Communications and Transactions Act, 25 of 2002, and is binding on the recipient and any other persons or entities who have sight of the email.

Email Usage: Confidentiality and Disclaimer Warnings

This email and any files or attachments transmitted with it are confidential and intended solely for the use of the individual or entity to whom, or to which they are addressed. If you are not the intended recipient of this email (or such person’s authorised representative), please notify the sender of this email immediately by return e-mail, facsimile or telephone and delete this message, together with any, and all attachments from your computer. If you are not the intended recipient then you may not, furthermore, print, store, forward or copy this message or any part thereof or disclose or cause information in this message to be disclosed to any other person, nor rely, or cause to be relied, on the information contained herein.

Warning concerning privilege and authority to bind

The information in or attached to this email message is confidential and may be subject to legal privilege and client confidentiality. Nothing in this message constitutes an offer, warranty or representation from Radio-Shop. While Radio-Shop may be entitled to rely on and hold you to your offers, warranties, representations or other statements made in or attached to this message, our employees or representatives may not conclude agreements or otherwise bind Radio-Shop via email unless the email is sent by a duly appointed officer of Radio-Shop and the officer was not in breach of any codes. In the event of any doubt, recipients of Radio-Shop ‘s email should confirm with the sender whether the sender has the necessary authority to bind Radio-Shop, and if necessary, may request that the sender’s superior confirm this in writing prior to concluding any agreement via email.

Disclaimer concerning viruses

Although Radio-Shop has taken reasonable precautions to ensure no viruses are present in this email, Radio-Shop cannot accept responsibility for any loss or damage arising from the use of this email or attachments resulting from malicious software code or viruses contained in this message or attachments, including data corruption resulting there from. Radio-Shop warns all recipients that computer viruses can be transmitted via email. E-mail transmission cannot be guaranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The recipient should check this email and any attachments for the presence of viruses.

Disclaimer concerning sending of spam

Radio-Shop and the employees are prohibited from sending unsolicited messages (“spam”). If this email contains spam then the employee has acted outside the scope of her or his employment with Radio-Shop for which the Radio-Shop accepts no liability whatsoever. Disciplinary action will be taken against such employees in addition to any legal action that may be instituted against such employees either by Radio-Shop, regulatory authorities and/or other external parties. If you regard this message as spam, please inform Radio-Shop immediately by sending an email to admin @ radio-shop.co.za

Disclaimer concerning sending of offensive, derogatory or defamatory matter

Radio-Shop and the employees are prohibited from sending messages containing offensive, derogatory or defamatory statements or materials. If this email contains such matters then the employee has acted outside the scope of her or his employment with Radio-Shop for which Radio-Shop accepts no liability whatsoever, and only the sender can be held liable in his/her personal capacity. See also “Disclaimer concerning personal usage of email”.

Disclaimer concerning personal usage of Radio-Shop email

The usage of Radio-Shop infrastructure including email and internet facilities is intended for Radio-Shop work-related product. Radio-Shop is cognisant however, that Radio-Shop personnel do make use of such facilities for personal reasons. Personnel do so, however, on the understanding that they may not use these facilities to bring Radio-Shop into disrepute, commit unlawful acts or in any other way to harm the interests of Radio-Shop. Radio-Shop does not accept any liability to recipient(s), either within Radio-Shop or external to Radio-Shop, for the actions of its employees when acting in a personal capacity and disclaims any liability for the contents of email sent by Radio-Shop employees using Radio-Shop facilities that contain partial or complete personal content. For the purposes of this policy the terms “personal usage”, “personal reasons” and “personal content” refers to the usage of Radio-Shop facilities such as email, IM, Chat, Wifi, or Social to convey messages to a recipient(s), be it within Radio-Shop or external to Radio-Shop, that is not Radio-Shop work-related product.

Notice concerning monitoring of electronic communication, including email

Radio-Shop and the employees making use of Radio-Shop facilities to send and receive emails, and the recipients or senders of such emails, are informed that Radio-Shop has the right to monitor the use of its facilities including the contents of emails sent and received by employees. Radio-Shop endeavours to protect the privacy rights of its employees provided that such rights do not impair, harm or threaten the rights of Radio-Shop and its legitimate interests, or any laws, rules and/or regulations of external authorities that may be binding on Radio-Shop.

Implications of Section 11(3) of the South African “Electronic Communications and Transactions Act”

All Radio-Shop emails contain an abridged disclaimer which is linked to this page of the Radio-Shop website which contains the entire disclaimer. The entire disclaimer is deemed to form part of the email contents in terms of Section 11(3) of the South African “Electronic Communications and Transactions Act”, Act 25 of 2002, which reads as follows:

“11. (3) Information incorporated into an agreement and that is not in the public domain is regarded as having been incorporated into a data message if such information is -

1. referred to in a way in which a reasonable person would have noticed the reference thereto and incorporation thereof; and

2. accessible in a form in which it may be read, stored and retrieved by the other party, whether electronically or as a computer printout as long as such information is reasonably capable of being reduced to electronic form by the party incorporating it.”

Email Definitions

Unless otherwise agreed: (a) Radio-Shop is only deemed to have received an email once the recipient has confirmed receipt thereof to you; (b) Radio-Shop deems to have sent an email once reflected as sent on our email server.

For the purposes of this Confidentiality and Disclaimer Warning in respect of the usage of Radio-Shop email, the term employee refers to any person, whether employed on a permanent, temporary or contract basis who has access to email services provided by Radio-Shop.

Our corporate information and names of our office bearers, including directors where and when applicable can be accessed here on this website.

This disclaimer applies to the original message, any attachments and all subsequent messages or attachments Radio-Shop may send. If you have any questions on this policy, please contact Radio-Shop.

Commensurate with the provisions of the Electronic Communications and Transactions Act, the word “email” refers to and is completely synonymous with any form of electronic communication in use at the time, including IM, Social Media, Online Database, Chat, and includes any device used for this purpose regardless of hardware and software or connectivity in use, and no distinction is made between fixed or mobile devices.

Copies of the Electronic Communications and Transactions Act, and Regulation of Interception and Monitoring of Communications Act are available from the South African government website at www.gov.za/acts/index.html.

Actions for breach of this policy by Radio-Shop personnel

At the sole discretion of Radio-Shop, disciplinary action may be taken against employees who breach the terms of this policy, and punishment may include, amongst other things, suspension or termination of employment. In addition, legal action may be instituted against such employees by the company, regulatory authorities and/or other external parties.

Privacy Policy

Due to the nature of the relationship the parties may enjoy it is necessary for you to provide Radio-Shop with personally identifiable information, for example a delivery address or the placement of “cookies” in your web browser. Any information that you provide to Radio-Shop, whether on any forms you complete or through this website, and any information which Radio-Shop has about you will be regarded by Radio-Shop as personal information and, subject to the terms and conditions, will be treated as confidential.

Radio-Shop may collect and analyse your personal information. Radio-Shop will also use your personal information in the ordinary course of its business and for promotions and marketing. This may include activities such as checking with a credit bureau.

Radio-Shop will not sell, rent or provide your personal information to unauthorized entities or to third parties for their independent use without your consent. Radio-Shop may, however, share your personal information with its affiliates, business partners and subsidiaries. If Radio-Shop does pass your personal information on to its affiliates, business partners and subsidiaries, it will make them aware of the provisions of this privacy policy.

Radio-Shop will release your personal information to a party if it believes that it is required by law or by a court to do so. Radio-Shop will also disclose your personal information if it believes that this is necessary to prevent or lessen any unlawful or harmful actions.

If you ever want to update or correct any of your personal information held by Radio-Shop, kindly send us the details. We will confirm any changes you have requested by e-mail.

If you disclose any personal information to a third party, such as one of Radio-Shop affiliates or an entity which operates a website linked to this website or anyone other than Radio-Shop you must be aware that Radio-Shop does not regulate or control how that third party uses your personal information. You should always ensure that you read the privacy policy of any third party.

Copyright and Trade Marks

The contents of this website, including any software, icons, text, links, graphics, images, sound clips, trade names, logos, trademarks and service marks are protected by law, including but not limited to copyright, patent and trade mark law, and are the property of Radio-Shop and/or third parties. Any unauthorised use of the contents, information or materials on this website is prohibited.

Registered Trade Marks and Logos of other products and services where indicated remain the property of their respective owners and are used here with permission.
Agreement To and Acceptance of Terms

Radio-Shop permits use of this website subject to the terms and conditions as set out herein. By using this website in any way, you are deemed to have Agreed to and Accepted all the terms and conditions unconditionally. You furthermore state and confirm that you have the legal capacity to enter into this agreement.

You must not use this website if you do not agree to the terms and conditions or are legally prevented (e.g. insolvent or others). It should be noted that the use of different parts of this website may be subject to different terms and conditions as indicated on that part of the website. Different services offered by Radio-Shop may also be subject to further terms and conditions and your use of these services will also be subject to the terms and conditions governing the relevant services.

These terms and agreements may be modified at the sole discretion of Radio-Shop at any time and without any prior or post notification.

Waivers and Deviations

Any waivers or deviations or other relaxations of terms relating to these terms and conditions by Radio-Shop is purely an indulgence and no notice of such should be made, and it is never an indication of acceptance of the waiver of the original terms and conditions which remain in force.

Commercial Terms and Conditions

Radio-Shop is a business in the eCommerce industry that acquires, markets and sells various types of goods and services relating to electronic equipment and parts. 

You may only use the website if in terms of South African law you have the legal capacity to enter into an agreement.

The current business name, names of directors and contact details are elsewhere on this website.

Save for the circumstances in which applicable legislation overrides this disclaimer, with specific reference to the Consumer Protection Act, No. 68 of 2008 and the Electronic Communications and Transactions Act, No. 25 of 2005, neither Radio-Shop nor any of its affiliates, agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this website or the services or content provided from and through this website.

Although the products and services sold via this website may be under warranty, the website itself is supplied on an “as is” basis and has not been compiled or supplied to meet your individual requirements. It is your sole responsibility to satisfy yourself prior to accepting these Terms and Conditions that the products and services available from and through this website will meet your individual requirements and be compatible with your equipment, electrical supply, staff, hardware or software.

The content of the website is updated dynamically and errors or omissions may occur, stock may not be available, or certain legal requirements such as licensing may not be noted clearly or correctly. It is at all times the onus of the purchaser that he/she is authorised to make such a purchase.

Ownership

Goods and services provided through this business remain the sole property of Radio-Shop until payment has been effected in full, and the cash is freely available in the indicated Bank Account. Any additional costs that are incurred such as lawyers’ fees, tracking and tracing, clearance fees, interest charged on overdue accounts, are fully for the buyers’ account and must be paid in full before the good or services are shipped.

Ownership only passes to the customer when the sales cycle is completed and payment is received and cleared in full in our designated accounts. Goods and services not paid for in full at the time of placing the order will be allocated to the next prospective customer and inventory so depleted. No inventory is reserved during the sales cycle.

Warranty and Returns

Radio-Shop endeavours to only stock products of good quality, in good working order, free of any defects, being capable of being used for a reasonable period of time and manner.

Radio-Shop does not provide any warranty services beyond that which is explicitly provided by the manufacturer or supplier of the goods and services or the law.

Subject to these terms, all goods carry an implied warranty in accordance with the Consumer Protection Act 68 of 2008 (“CPA”) which forthwith gives the consumer the right to return unsafe and defective goods in terms of section 20 read together with section 56 of the CPA. Notwithstanding the CPA implied warranty, some goods also carry a manufacturers’ warranty where applicable, which will run concurrently with any warranty in terms of the law.

The implied warranty on goods supplied places an obligation on Radio-Shop to accept the return of unsafe or defective goods within six months of delivery, in the event of the goods not complying with requirements and standards contemplated in section 55 of the CPA. Furthermore, the consumer has a right to return goods to Radio-Shop if:

The consumer finds, within ten days of delivery, that the goods are unsuitable for a particular purpose for which the consumer has expressed intention to use the goods as contemplated in s55(3);
The consumer did not have a chance to examine the goods and rejected delivery of the goods for any reasons contemplated in section 19(5); and
The consumer has refused delivery of any of those goods, because they were mixed with items that were not ordered, as contemplated in section 19(8).

Under no circumstances will we accept returned goods where the consumer has been afforded the opportunity to inspect the goods prior to the purchase or acceptance of a delivery, the goods have been damaged due to the customer’s negligence, the goods have been disassembled, permanently installed, physically altered, used or installed contrary to our or the manufacturer’s instructions and/or have been subjected to misuse or abuse.
Shipping and Delivery policy

Goods and services ordered from us are always subject to availability of inventory, appropriate licenses, and confirmation of payment. No order will be shipped or delivered unless payment in full is received and confirmed and inventory is only allocated upon payment. Orders will normally be processed within 5 working days and delivery confirmed by e-mail to the last known address on record.

Payment for Goods and Services

Payment for goods and services can only made in South African Rands and are subjected to all applicable duties and taxes, whether explicitly quoted or not. Additional fees charged by your credit card company is for your account.

Shipping will be offered to eligible South African addresses if appropriate and at a quoted cost.

Return and Refunds policy

The provision of goods and services by Radio-Shop is subject to availability at the point of payment acceptance. Where an order is placed but the goods or services are not available at that point Radio-Shop will offer alternative options, or refund any monies paid within 30 days.

Refunds will only be made into the account from which the original payment was made.

Where an order for goods or service is cancelled after the order is accepted but before it is delivered by Radio-Shop, the refund will attract a 10% service and re-stocking fee and subject to a minimum charge of R200-00.

Further cancellation fees graded to the time before delivery may be applicable as indicated on the order form.

Returns of equipment where applicable will solely be at the discretion of Radio-Shop and within the original equipment manufacturers’ guidelines and the relevant laws.

Payment Options

All transactions are conducted in South African RAND (R) (ZAR). Internet transactions e.g. credit card payments are done through PayFast and their policies can be found at their website.

By submitting a sales order through any of the Radio-Shop website services, you warrant that you are acting within the bounds of the law and that you have the legal capacity to transact, or have the mandate to transact to do so. This includes that you have obtained the express permission (indemnity) of the person and or Business whose information you are submitting / using through any of our services and that you are not in breach of the Consumer Protection Act or National Credit Act, and / or any other applicable legislation in any way. You indemnify Radio-Shop, its members and employees from any claim and / or liability from any third party arising out of your instructions and/or use of the service(s).

The preferred option is to pay by EFT to a nominated South African Bank or using a recognised VISA card or Master Card. Most legal forms of payment such as credit cards or cash in South African currency will be accepted but certain transactions may be refused and no reasons for refusal will be provided.

Applicable Laws

This Agreement shall be construed in accordance with the laws of the Republic of South Africa. Your use of this site shall be the confirmation of your acceptance to submit to the jurisdiction of the Magistrates’ Court otherwise having jurisdiction. Nothing shall prevent Radio-Shop, or any of its partners, subsidiaries, associates or affiliates, from suing out of the High Court of South Africa, Transvaal Provincial Division, to which jurisdiction you hereby consent. You agree to indemnify and hold Radio-Shop harmless from and against any and all claims, damages, costs and expenses, including Attorneys’ fees, arising from or related to your use of this site.

E & O E

Errors and Omissions Excepted. This website disclaimer is based on a precedent created by template-contracts.co.uk and published by freenetlaw.com and legal advice from Cyberlaw Consulting in South Africa


End
Continue
Queries - 12
Queries execution time - 0.01039
PHP Execution time - 0.6063