Terms and Conditions
Brand Name Marketing (Proprietary) Limited (Registration Number: 2005/006237/07)
trading as “ Cell C Shop”
In these terms and conditions, unless specifically stated otherwise:
- we" or "us" shall mean Brand Name Marketing (Proprietary) Limited, trading as Cell C Shop, and "you" or "your" shall mean the customer; and
- products" means the products offered by us for purchase on the Cell C Shop website from time to time.
- PRICES
1.1 Subject to the provisions of clause 1.3 below, the price of each Cell C Shop product is displayed on the Cell C Shop website alongside the product concerned and is quoted in South African Rands (ZAR). In the event of a sale or special offer, the discounted price is displayed
1.2 Prices displayed both Include and Exclude VAT and are subject to change from time to time. Prices charged to you upon placement of an order will be charged inclusive of VAT and delivery charges, if applicable.
1.3 We shall make all reasonable efforts to procure that the prices displayed on the Cell C Shop website are correct as at the time of display.
1.4 In the event that products are displayed alongside incorrect prices, however, we will not be obliged to sell the products in question at the prices alongside which they were displayed, but shall only be liable to refund to you the difference between the correct price and the price at which the products were purchased, where the purchase price paid exceeded the correct price.
- SHIPPING AND DELIVERY COSTS
2.1. Delivery within South Africa:
2.1.1. All orders paid for with a voucher will be delivered FREE
DELIVERIES
3.1. Inside the borders of South Africa
3.1.1. We shall use our best endeavours to procure that all products purchased on the Cell C Shop website:
3.1.1.1. Will be delivered to major city centres within South Africa within 2 weeks of the order being placed.
3.1.2. By placing an order, you understand and agree that any person other than yourself, who receives the products at the delivery address nominated by you to us, shall be conclusively presumed to be authorised to accept delivery on your behalf.
3.1.3. Should no one be in attendance at your nominated delivery address at the time of delivery, the products will be retained by us and a notice will be left at the delivery address to this effect. You will be required to contact Gail Martins at Brand Name Marketing (021 788 3712) to make new arrangements for delivery or collection.
3.1.4. We reserve the right to charge an additional delivery fee should we be required to make a further delivery if no one is at your nominated delivery address to receive the products on the agreed delivery day.
3.1.5. Our liability for failing to deliver the products on the agreed delivery day, or at all, is limited to procuring that the products are delivered at a later agreed time at no additional charge to you..
3.1.6. You are obliged to ensure that you or an authorised person shall be in attendance at the delivery address during the agreed delivery day and that appropriate access to the delivery address will be made available to our delivery team .
3.1.7. Any person accepting delivery of the products at the delivery address nominated by you shall be requested to confirm his/her acceptance of the products, and that the products were in a satisfactory condition by signing & printing his/her name on the accompanying delivery slip, failing which the products shall not be released into his/her custody.
3.1.8. Should you instruct us to make delivery to any person or address other than the person or address originally nominated by you for delivery (for instance, to a neighbour), we shall not be liable for any loss or damage, or for any discrepancy in the order, arising out of delivery to such alternative person or address.
3.2. RETURNS AND COOLING OFF PERIOD
4.1. Returns for size swop outs will be for your account
4.4. To arrange for collection by the delivery team, please contact Wilbur Brown at Brand Name Marketing (011 453 1809) during business hours, or alternatively email us on cellc@bnmsa.co.za
4.5. Any product returned, save for a defective product, must be in its original product packaging, unused, and in the condition in which it was received at the time of delivery to you, failing which we reserve the right to:
4.5.1. Refuse to accept the return of the product concerned; or
4.5.2. Impose a reasonable charge in order to cover any re-packaging costs incurred by us.
4.6. A refund for the product returned in accordance with the provisions of this clause 4.5 will be credited to you
- DELAYS
5.1. We will make every effort to ensure that the information supplied on the Cell C Shop website from time to time, is accurate.
5.2. Where delays (including, without limitation, delays arising out of stock shortages) may affect your order, we will inform you of same as soon as is practicable after we become aware of such delay, and you shall be entitled, at your election, to:
5.2.1. cancel the order and be refunded any monies already paid by you in that regard, together with interest thereon at the rate prescribed in the Consumer Protection Act from time to time; or
5.2.2. Continue with the order, and accept delivery of the products concerned at a later date.
- PAYMENT METHODS
6.1 Voucher payment
6.2 When payment is made with a voucher, no change will be given, or no credit can be utilised on a second purchase. Once the voucher has been redeemed, the number will be closed for any further redemption.
- AGREEMENTS OF SALE
7.1. By placing an order on the Cell C Shop website, you acknowledge and agree that placing a product in a Cell C Shopping basket or adding it to a wish list without completing the purchase cycle does not:
7.1.1. give rise to and/or constitute an agreement of sale between us and you, and we shall not be liable if products identified by you for purchase are no longer available when the purchase cycle is completed later; and/or
7.1.2. Constitute an order for such a product; and we may remove such a product from your Cell C Shopping basket or wish list if no stock of the product is available.
7.2. An agreement of sale between us and you only comes into effect if and when:
7.2.1. A credit card authorisation is received from the issuing bank; or
7.2.2. Payment authorisation is received from the bank in question
7.2.3 Voucher Number has been redeemed
7.3. We reserve the right to refuse to accept and/or execute any order without giving reasons therefor. We also reserve the right to cancel orders in whole or in part as circumstances dictate and we shall have no liability in respect of such refusal and/or cancellation, provided that we shall notify you of such cancellation immediately, and refund to you any amounts actually paid by you to us in respect of the order concerned.
- STOCK AVAILABILITY & REFUNDS
8.1. By placing an order on the Cell C Shop website, you acknowledge and agree that stocks of all products on offer on the Cell C Shop website are limited.
8.2. We shall use all reasonable efforts to discontinue the offer of a product, as soon as stock of the product concerned is no longer available.
8.3. However, should products still appear on offer after stocks thereof are sold out, we shall have no liability in respect of the unavailability of the product concerned, provided that we shall notify you of the unavailability of the product as soon as practicably possible after we become aware thereof, and refund to you monies actually paid by you in consideration for the unavailable products, where we are unable to fulfil orders placed, not later than 30 (thirty) days after notifying you of the product’s unavailability.
- RISK & OWNERSHIP
10.1. Risk in and to the products shall pass to you upon acceptance of delivery of the products at the delivery address nominated to us by you.
10.2. Ownership in and to the products shall pass to you upon receipt, by us, of the purchase price payable in respect of the products concerned.
- : NO LIABILITY
11.1. By placing an order on the Cell C Shop website, you acknowledge and agree that:
11.1.1. any transaction concluded or attempted by you (“a Transaction”) in relation to the Cell C Shop website and/or the products displayed thereon, is a Transaction exclusively as between you and Brand Name Marketing (Proprietary) Limited; and
11.1.2. Cell C shall have no liability to you in respect of any such Transaction.
