Terms & Conditions

Introduction

1. This website is run by Rocket Trading 26cc trading as YourOnline, a South African company registered under number 2001/032058/23.
2. By using this website, you signify that you have read, understood, and agree to be bound by all terms and conditions. Please check the Terms and Conditions regularly; we reserve the right to make changes without notice.

Use of the Website

1. 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 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. Your parent or legal guardian agrees to be bound to these Terms and Conditions and is liable and responsible for you and all your obligations under these Terms and Conditions.
2. By posting information or using any service available on our site you agree that you will not upload, post, or facilitate the distribution of content that is or may be, contrary to any governing laws or common decency, an infringement of any patent, containing any software virus or an impersonation of any person or entity.
3. All postings are accepted in good faith and YourOnline cannot be held liable for any content posted by our subscribers.
4. Submission of content to this site grants YourOnline the right to use, reproduce, adapt, distribute, and promote the content in any form, anywhere and for any purpose.
5. Information contained on this site remains the property of YourOnline and is protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws.
6. Content cannot be used in any format without express written permission from the YourOnline Board of Directors. If you believe that your work has been copied and published on this site without your permission, please let us know.

Ordering of Products

1. Products for sale on this website are available in South Africa only.
2. Registration on the YourOnline website is required for online ordering.
3. All offers are valid while stocks last.
4. Order confirmation
   1. When paying for goods by direct transfer there is no obligation to purchase prior to receipt of your order confirmation. Final order confirmation is required by email. Goods remain the property of YourOnline until such time as they are paid for in full.
5. Cancellation of Orders
   1. The cancellation of confirmed orders should be discussed with, and agreement obtained in writing from YourOnline.
   2. To cancel a confirmed order, email orders@youronlinestore.co.za before shipment. After shipment, the cancellation will be handled as a return (see below).
   3. Confirmed orders will be subject to a minimum cancellation fee of 10% of the total order plus any incurred shipping or handling charges.
6. Pricing, Errors and Omissions Excepted
   1. Every effort is made to ensure the accuracy of the information contained in the online store and of all invoices. Discrepancies can arise due to model changes and stock availability. YourOnline cannot be held liable for items supplied that are not to the specification described. Prices are also subject to change due to fluctuating exchange rates. All prices include VAT.
   Terms and conditions for devices booked in for repair or service.
7. By accepting these terms, the customer confirms and acknowledges that he agrees with and understands the disclaimer and terms and conditions below.
8. The customer further warrants that they are the owner/s of the device(s), or, that they are permitted to sign this document and consent to the service and/or repair on behalf of the owner, subject to these terms and conditions.
9. The customer warrants that he has backed up and secured on a separate device, all the data contained on the device before handing in the device. The customer acknowledges that in the event of a board failure, all data on such device will be lost and will be non-recoverable, under any circumstances. The customer indemnifies, and holds YourOnline harmless against all damage/s, harm and loss howsoever arising regarding the aforementioned device, the repair thereof to be affected, and any loss or corruption of data including but not limited to confidential, proprietary, or personal information howsoever arising. The customer warrants that he has removed all removable media such as DVDs, CDs, PC cards and/or any SIM cards and accordingly indemnifies YourOnline against the loss of any removable media.
10. The condition of the device will be noted at the time of booking in. Notwithstanding the aforesaid, it shall be the responsibility of the customer to prove that the device did not have any pre-existing defects when handed in.
11. The customer undertakes to remove any third-party add-ons including but not limited to screen protectors and/or covers, which may be damaged or destroyed during the repair. YourOnline will not be held liable for the costs to replace any such third-party add-ons.
12. The customer further undertakes to disable and/or remove applications such as “Find my iPhone” and “Activation Lock” before booking in the device for service or repair. These applications may restrict YourOnline from affecting hardware service and/or repair, as such devices with these or similar applications will be rejected, if not disabled.
13. Any repairs or service to be carried out on the device which is not covered by a warranty will be quoted accordingly.
14. A quotation is an estimate which may change if the repair is unsuccessful or if additional parts or services are required. Quotations are valid for a period of 7 days and may be subject to ROE fluctuations. Repairs will only be undertaken on receipt of written acceptance/approval of a quotation, and receipt of the 50% deposit payment of the presented quotation, which may be communicated via electronic communication to support@youronline.co.za
15. YourOnline shall not accept cancellations after receiving an acceptance or approval of a quotation, and if the part has been placed on order already with the manufacturers. The customer shall be liable for the full repair charges alternatively, at YourOnline's sole discretion, a reasonable cancellation penalty will be levied before the device is released. A device will only be released once any outstanding/full payment has been received in our bank account.
16. A service charge may be applied where the customer has requested YourOnline to assess the device. This may, by necessity, require certain services to be performed to assess fault/damage and to provide the customer with a quotation for the costs of repairs to the device. In this instance, YourOnline will request the completion of an assessment form, which will note any applicable charges.
17. In an event where the device has sustained liquid or physical damage, the customer indemnifies YourOnline harmless against any/all damage or harm/loss whatsoever arising from the assessment process. Please be advised that YourOnline may not be able to return the device in working order after it has been disassembled for assessment purposes.
18. If devices have sustained damage to the LCD screens, lenses or touchscreens which have the probability to disintegrate during disassembly and will therefore not be returnable in the condition that the device was received, the customer accordingly indemnifies and holds YourOnline harmless against all damage/s, harm and loss howsoever arising regarding the aforementioned.
19. In accordance with the law, YourOnline will not be obliged to return devices that have been assessed and found to be reported stolen/blacklisted, unless the customer is able to prove ownership thereof.
20. YouOnline does not hold parts in stock and availability is dependent on the supply from the manufacturer we therefore cannot guarantee the availability of parts. Parts ship ex Europe with an average ETA of 7 – 10 working days.
21. YourOnline cannot guarantee the availability of any loan equipment should a repair take longer than expected. The customer hereby acknowledges that time is not of the essence and YourOnline will not be held liable for any damages or inconvenience suffered as a result of a delay in the return of the device.
22. All collections need to be done during service centre trading hours. The customer is to present this document for collection and no unit will be released without this document.
23. The customer hereby undertakes to collect his device within 14 days after the completion of the repair. Should the customer fail to collect the device within 30 days of completion of the repair/service then YourOnline shall have the right to charge a storage fee of R50.00 per day per device retrospective with effect from the 14th day after completion of the repair.
24. The customer acknowledges that by booking in his device, that such device is pledged to YourOnline as security for payment of the repair/service and storage fee as well as for the full value of any loan device not returned to YourOnline or for any damage caused to a loan device.
25. YourOnline reserves the right to dispose of the device to defray the costs and expenses incurred, if the device is not claimed and/or if any amount charged herein remains unpaid after 90 days from repair.
26. The customer agrees that the telephone number/s and email addresses that he provides herein are his chosen method of contact and address/number and he confirms that any legal notices or documents that YourOnline may send for his attention can be sent to either contact detail.
27. Payment must be tendered prior to collection of the device. Payment shall be made at the time of collection unless the payment will be made via EFT. All EFT payments are to reflect in our Bank account before any devices may be collected.
28. A replacement or repaired part assumes the remaining term of the Warranty or ninety (90) days from the date of replacement or repair, whichever provides longer coverage for the customer. When a part is replaced or repaired, any replacement or repaired item becomes the customer’s property, and the replaced and/or discarded item becomes Digicape’s property.
29. YourOnline, their directors, affiliates, employees, contractors, and agents will under no circumstances whatsoever be liable for any damages, whether direct, special, general, indirect, incidental, exemplary, or consequential, resulting from any service consultation, services rendered, or goods supplied, including without limitation, the cost of recovering, reprogramming, or reproducing any program or data. This includes, without limitation, failure to maintain the confidentiality of data, or any loss of business, profits, revenue, anticipated savings, or goodwill. To the maximum extent permitted by applicable law, YourOnline does not warrant that it will be able to (1) repair or replace any products or equipment without risk to or loss of programs, applications, or data; (2) maintain the confidentiality of data; or (3) preserve data/material stored on the device. The customer accordingly indemnifies and holds harmless YourOnline from any liability in this regard whatsoever.
30. In order to affect the repair or replacement of the device, it will be necessary for YourOnline to process some of the customers’ personal information. The customer hereby acknowledges that processing includes (but is not limited to) the collection, retention, use, storage, or distribution of personal information.
31. Contact information is also used for communication purposes throughout the repair process. The customer hereby agrees that personal information may be stored on the YourOnline database and may be used for any lawful purpose at YourOnline’s discretion and consent to the processing of your personal information by YourOnline accordingly. The customer absolves YourOnline from any liability in terms of the Protection of Personal Information Act No 4. of 2013 (POPI) for failing to obtain further consent or to notify the customer of the reason for the processing of personal information.
32. No addition to, variation of, or agreed cancellation of these terms and conditions shall be of any force or effect unless reduced to writing and signed by both parties by way of handwritten signatures.
33. If any provision of these terms and conditions is held to be unenforceable by any court of law or other tribunal or competent authority, such provision shall be severable from these terms and conditions and shall not affect the remaining provisions of these terms and conditions, which shall remain in full force and effect.
34. No indulgence by any party shall operate as an estoppel against it in respect of any of its rights hereunder, nor shall it operate to preclude any party thereafter from exercising its rights strictly in accordance with this agreement.

Errors

35. YourOnline 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 YourOnline’s gross negligence), YourOnline 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.

36. YourOnline shall not be bound by any incorrect information regarding the products displayed on any third-party websites.

3rd Party Websites

37. This Website may contain links or references to other websites ("Other Websites") which are outside of YourOnline's control. These Terms and Conditions do not apply to those Other Websites and YourOnline is not responsible for the practices and/or privacy policies of those Other Websites or the "cookies" that those sites may use.

38. 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.

Disclaimer

39. Disclaimer of warranties: All content of this website is provided 'as is' and 'as available' and YourOnline makes no representation or warranties, express or implied, including but not limited to warranties, as to the correctness or suitability of content. The website owner, its officers, employees, suppliers, ISPs, partners, affiliates, and agents, shall not be liable for any damage, loss, or liability, howsoever arising, incurred by users or any other persons and resulting from the use or inability to use this website. The website owner disclaims all responsibility or liability for any damages, including but not limited to direct, economic, consequential loss or loss of profits, resulting from the use of this site in any manner. The website owner has no control over third-party content and features which can be accessed using this website and does not examine or edit such content and features or act as an agent for third parties accessible through this website. As such and fully permissible under law the website owner disclaims any liability whatsoever for any loss or damage arising from third-party content or access.

40. Email disclaimer: Information contained in all emails including, but not limited to, attachments may be privileged, confidential and are intended exclusively for the addressee. The views expressed may not be official policy, but the personal views of the originator. If you have received any email in error, please notify the sender by return e-mail and delete it from your system. You should not reproduce, distribute, store, retransmit, use or disclose its contents to anyone. Please note we reserve the right to monitor all e-mail communication through our internal and external networks.

Governing Law and jurisdiction

41. These Terms and Conditions is governed by the laws of the Republic of South Africa.

42. You agree that we may bring legal proceedings against you relating to this Agreement in any Magistrate’s Court that has jurisdiction, even if the amount of the claim may exceed the jurisdiction of that court. This does not prevent us from bringing legal proceedings in a High Court that has jurisdiction.

43. We choose the following address as our domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, to which you must deliver all notices and legal processes: 22 Pringle Rd, Tijgerhof, Cape Town, 7450.