Customer Terms and Conditions
- 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”)
- This website can be accessed at www.myistore.co.za or www.istore.co.za related mobi-sites and software applications (the “WebsiteiStore”).
- 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.
- 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.
- 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.
- 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.
- 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
- 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.
- 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.
- You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
- 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.
3. Ordering of Products
- 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.
- 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.
- Before you make payment on the Website, you will have the opportunity to review any order for products that you have ordered.
- You may pre-order products that are newly launched prior to availability on the Website.
- 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.
- 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.
- You may cancel your pre-order prior to collection or delivery and iStore will refund the amount you paid to secure the product.
- Waiting list:
To keep the waiting list fair for all our customers, we have put the following rules in place;
- First come, first served - The waiting list will be run centrally and stock will be allocated on a first come, first served basis.
- 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.myistore.co.za. Please note that this is only available for cash purchases.
- Weekly/Monthly updates - Updates based on your selected product will be sent weekly via SMS and email. Once the product has arrived, you will have 48 hours from when it is ready to be purchased to make your way to store to do so. If not purchased within this time, the unit will be allocated to the next person on the waiting list. Please do not call our call centre or ask the social media team for updates, if it’s urgent, please contact [email protected]
- Electronic Software Download:
- 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.
- You will be able to make use of the following means of payment for any of the iStore products:
- Cash in ZAR currency (only in a Store)
- Debit Card (only in a Store)
- Credit card;
- Discovery Miles;
- iStore vouchers, coupons or gift cards; and
- Instant EFT (only on the Website); and
- 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.
- 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.
- 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.
5. Delivery and Collection
- When you order the products off the Websites you may elect to either:
- collect the products at any iStore branch identified on the Website; or
- request that the products be delivered to you.
- All orders over the value of R500 (five hundred rand) will be delivered to you free of charge. Any order less than R500 will carry a courier fee.
- 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.
- 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.
- 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.
- Same Day Delivery - Johannesburg only:
- Same day deliveries are only available for Johannesburg at this time and can only be done on certain products die to size restrictions.
- Orders are subject to a R300 delivery fee.
- Order must be placed by 13:00 each day in order to qualify for sameday delivery. Orders placed after this time will be delivered as soon as possible the following day.
- 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.
- 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”).
- 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.
- 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.
- 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”).
- 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.
- 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.
- 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").
- 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.
- Trade-in Products:
- 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.
- 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.
- 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.
- All Trade-in Products must be at least electronically functional to be considered for the trade-in process.
- 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.
- 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.
- 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.
- You must be 18 (eighteen) years or older in order for iStore to accept the Trade-in Product.
- All your data must be removed from the Trade-in Products when you trade it in and Find my iPhone should be deactivated.
- International devices may be traded in providing they pass the trade in criteria checks.
- 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.
- Trade-in Vouchers:
- 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.
- The Trade-in Vouchers do not accrue interest and cannot be exchanged for cash once issued.
- 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.
- Online Trade-in:
- Customers who have bought an iPhone within the last thirty days from iStore qualify for cash back. All you will need to do is visit myistore.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.
- Online trade-ins will be done via LiveChat on our website. Please note that we record all interactions on this platform. The process for online trade-ins is as follows:
- You will be prompted to follow the various steps by accepting or declining the contents of the eight forms;
- The first form will state that you will be provided with an indicative value once you have given a description of the iPhone which may vary from the final value provided once we have carried out a physical assessment;
- The second form will require the details of your iPhone, ie model and capacity;
- The sixth form will give you your indicative value and ask whether you want to proceed with the online trade-in process, if you do proceed a courier will collect your Phone so that we can carry out a physical assessment in order to give you a final alue (again, this may differ from your indicative value);
- In the seventh form you will be requested to provide your banking details; and
- Lastly, you will be notified that you have successfully completed the assessment of your device and enquire as to whether we can collect your iPhone via a courier service. Should you decide to proceed, you will have to confirm that you have a. deactivated your Find My iPhone, a. backed ups your device, c. reset and erased all content, d. securely packaged your iPhone for collection.
- We use remote diagnostics to conduct a basic assessment of the iPhone and 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.
- 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.
- 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.
- 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).
- 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.
- iStore shall not be bound by any incorrect information regarding the products displayed on any third-party websites.
10. Changes to these Terms and Conditions
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
12. Linking to third party websites
- 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.
- 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.
13. Limitation of liability
- 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.
- 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.
- 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.
- 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.
14. Availability and termination
- 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.
- 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.
15. Complaints and notice
- All complaints and queries should be sent by email to [email protected]
- Any legal notices that you give iStore under this contract must be sent by registered post to PO Box 782162, Sandton, 2146.
- 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 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
- 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.
- 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.
16. Governing law and jurisdiction
- 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.
- 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.
- 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.
- You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
- Any failure on the part of you or iStore to enforce any right in terms hereof shall not constitute a waiver of that right.
- If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
- 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.
- 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.
- 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.
- 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.