TERMS AND CONDITIONS AGREEMENT
Welcome to the The Phone Shop website. The Phone Shop has provided this service to you subject to the conditions detailed in this agreement. By using this website and/or registering to shop on The Phone Shop you confirm that you have familiarised yourself with the terms and conditions governing the usage of the website and that you agree to be bound by these terms and conditions. Should you not agree to the terms and conditions stipulated, you must refrain from using the The Phone Shop website. Your access to the The Phone Shop website and use of any services provided by The Phone Shop including any purchases made by you from The Phone Shop are subject to the terms and conditions below.

TERMS OF USE OF The Phone Shop WEBSITE
The Phone Shop grants to you a limited license to access and make personal use of the website. You are not allowed to modify (other than page caching) the website or any portion thereof without the prior written consent of The Phone Shop. This license does not permit any resale or commercial use of the The Phone Shop website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the The Phone Shop website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The The Phone Shop website or any portion of the The Phone Shop website, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the prior written consent of The Phone Shop. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of The Phone Shop and our affiliates without prior written consent. You may not use any Meta tags or any other "hidden text" utilizing the The Phone Shop name or trademarks without the prior written consent of The Phone Shop. Any unauthorized use terminates the permission or license granted by The Phone Shop. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the The Phone Shop website so long as the link does not portray The Phone Shop, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use the The Phone Shop logo or other proprietary graphic or trademark, or those of their affiliates, as part of the link without prior written permission of the owner of the graphic or trademark. The Phone Shop may provide links from the The Phone Shop website to other websites which may offer services to you. The Phone Shop is not responsible for evaluating the content or offerings made on these websites. The Phone Shop does not endorse or warrant the offerings of any of the businesses or individuals, nor is it responsible for the content of the websites to which links may be provided, or that of any third party websites, which may be accessed through these linked websites. No liability will be attributed to The Phone Shop for any dealings with any other websites accessed through links provided by The Phone Shop and you are solely responsible for assessing the terms and conditions and privacy provisions of any of these websites. Please be aware that we monitor all the I.P. Adresses of users visiting the website. Any fraudulent activity will be reported to the proper authorities, and prosecuted to the fullest extent of the law. Please Note: The Apple product offering found on the The Phone Shop website is only sourced through the local Apple distribution chain. The warrantees of the Apple products are therefore held with Apple directly and the local Apple distributor is therefore obliged to honour the warrantees. In the event of a warranty issue, you can return your Apple product to The Phone Shop or alternatively to any accredited Apple dealer.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
Apart from the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, neither The Phone Shop nor any of its 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. Furthermore, The Phone Shop makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this website are free from errors or omissions or that the service will be 100% uninterrupted and error free. This website is supplied on an "as is" basis and has not been compiled or supplied to meet the user's individual requirements. It is the sole responsibility of the user to satisfy itself prior to entering into this agreement with The Phone Shop that the service available from and through this web site will meet the user's individual requirements and be compatible with the user's hardware and/or software. Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of The Phone Shop and users are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this site. All items purchased from The Phone Shop are made pursuant to agreements with shipping and delivery agents and risk of loss pass from The Phone Shop to such agents upon delivery of any item to such carrier.

APPLICABLE LAW
The The Phone Shop website and all communications and transactions concluded using the website, are governed by, and you agree to, the application of the laws of the Republic of South Africa. As the website is targeted at South African citizens and residents, any limitations on implied warranties or the exclusion or limitation of certain damages which may be applicable under the laws of any other jurisdiction are expressly waived by you, and to the extent that they cannot be waived, you shall not enter into any transactions with The Phone Shop.

TERMS OF TRADE WITH The Phone Shop
Placing an item in a shopping basket or adding it to a wish list without completing the purchase cycle does not:
· Constitute an agreement of sale between The Phone Shop and users cannot hold The Phone Shop liable if such items are not available when the purchase cycle is completed later; and/or
· Constitute an order for such an item; and The Phone Shop may remove such an item from the shopping basket or wish list if no stock is available. An agreement of sale between The Phone Shop and a user only comes into effect if and when:
· A credit card authorisation is received from the issuing bank; or
· A deposit of an electronic fund transfer (EFT) is reflected on The Phone Shop's bank statement (and only if such payment is received within 2 (two) business days after completion of the purchase cycle); or
· A direct deposit is reflected on The Phone Shop's bank statement (and only if such payment is received within 2 (two) business days after completion of the purchase cycle.
· The Phone Shop reserves the right to refuse to accept and/or execute an order without giving any reasons.
· The Phone Shop also reserves the right to cancel orders in whole or in part as circumstances dictate.
· The Phone Shop shall only be liable to refund monies already paid by the user.
· The Phone Shop shall take all reasonable efforts to maintain correct prices.
However, should errors occur and items are offered at incorrect prices, The Phone Shop will not be obliged to sell goods at such incorrect prices, and shall only be liable to refund monies paid.

PRIVACY POLICY
The Phone Shop is committed to protecting your privacy. This privacy policy applies to all the web pages related to this website. All the information gathered in the online forms on the website is used to personally identify users that subscribe to this service. The information will not be used for anything other that which is stated in the Terms & Conditions of use for this service. None of the information will be sold or made available to any third parties. You are required to input your Identity Number when registering on the The Phone Shop website. We require this information in order to verify that the cardholder and the person receiving the goods correspond. We will NEVER share this information with 3rd parties. The site may collect certain information about user’s visits, such as the name of the Internet service provider and the Internet Protocol (IP) address through which you access the Internet; the date and time you access the site; the pages that you access while at the site and the Internet address of the Web site from which you linked directly to our site. This information is used to help improve the site, analyze trends, and administer the site. The Phone Shop may need to change this policy from time to time in order to address new issues and reflect changes on our site. The Phone Shop will post those changes, ensuring users are always aware, regarding, what information The Phone Shop gathers, how The Phone Shop might use that information, and whether The Phone Shop will disclose that information to any parties. Please refer back to this policy regularly. Should there be any questions or concerns about our privacy policy, please send The Phone Shop an E-mail. By using this website, users signify their acceptance of The Phone Shop’s Terms and Conditions. If users do not agree with this policy, please contact The Phone Shop or alternatively refrain from using our site. Your continued use of the website following the posting of changes to these terms will signify that you accept those changes.

COOKIE/TRACKING TECHNOLOGY
The site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the site, and understanding how visitors use the site. Cookies can also help customize the site for visitors. Personal information cannot be collected via cookies and other tracking technology; however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.

THIRD PARTY LINKS
In an attempt to provide increased value to our users, The Phone Shop may provide links to other websites or resources. Users acknowledge and agree that The Phone Shop is not responsible for the availability of such external sites or resources, do not endorse, and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.

STOCK AVAILIBILITY
Stocks of all goods on offer are limited. The Phone Shop shall take all reasonable efforts to discontinue the offer as soon as stock is no longer available. However, should items still be offered after stocks are sold, The Phone Shop shall only be liable to refund monies where it is unable to fulfill orders at advertised prices.

SPECIAL OFFERS
The Phone Shop shall not be liable for the sale of items at lower prices if such prices were increased and users and/or purchasers could not, for any reason whatsoever, conclude an agreement of sale while such prices remained low. If The Phone Shop supplies the wrong product or if the product is in any way faulty or damaged, The Phone Shop will exchange it for the correct one. However, if the product is no longer being offered at the special price, it will not be replaced and The Phone Shop will refund the purchase price including delivery costs.

BACKORDERS
Due to the popularity of some products or services, The Phone Shop may not always have the specific product/s ordered by you, in stock. The Phone Shop will accept orders for out of stock products or services to ensure that you will be the first to receive the item once it becomes available. If the products and services ordered by you are not available in, or only a portion is available, you may cancel the order, or re-order the quantity that is available, or place a backorder. Once the products or services become available, it will be shipped to you.

ELECTRONIC COMMUNICATIONS
When you visit The Phone Shop or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. The Phone Shop will communicate with you by e-mail or by posting notices on the The Phone Shop website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, shall satisfy any legal requirement between us. Further, that your acceptance of any terms or conditions applicable to the The Phone Shop website and transactions concluded using the The Phone Shop website, as well as your intent to enter into any transaction with The Phone Shop, may be evidenced by any action by you from which this may reasonably be inferred.

REGISTRATION
Before you may make an offer to purchase any of the products or services provided by The Phone Shop, it is necessary that you register as a purchaser. Registration as a purchaser is restricted to individuals who may legally enter into binding and enforceable agreements. No person under the age of 18, or not legally permitted to enter into a binding and enforceable agreement, may register as a purchaser. Any person not permitted to register as a purchaser but who does so, shall be guilty of committing fraud and The Phone Shop may take whatever legal action it deems necessary to obtain the appropriate relief. Registration as a purchaser is free and does not obligate you to purchase anything or release information such as credit card numbers or bank account details. In registering as a purchaser you are required to provide The Phone Shop with, complete and accurate information about yourself, and you warrant that the information provided is correct. Upon acceptance of your registration, an email confirmation of your registration as a purchaser will be transmitted to you. Transmission times depend on your Internet Service Provider, but it typically takes less than 10 minutes to receive the email confirmation. If you do not receive the email confirmation, you should contact our offices, the details of which are contained under Contact information

PASSWORD
Without a valid email address (your user identification) and password, you will not be able to purchase products or services displayed on the The Phone Shop website. You are solely responsible for ensuring the confidentiality of your password, which authenticates your identity. You acknowledge this responsibility and agree that any communication or transaction that may be made using your password shall be attributed to you. If you suspect that the confidentiality of your password has been compromised you should immediately advise The Phone Shop of this fact by email. The Phone Shop shall, on receipt of the email, suspend your registration pending your further instructions. You shall remain responsible for all transactions effected prior to the suspension of your registration and liable for any payments that may flow from these transactions.

TERMINATION OR SUSPENSION OF REGISTRATION
If you are in breach of, or The Phone Shop believes that you may breach, any of the terms and conditions governing the use of, or trading using the The Phone Shop website, The Phone Shop may, in its’ absolute discretion, either suspend or terminate your registration as a purchaser.

TRANSACTION HISTORY
The transaction history may be accessed by a registered customer on the The Phone Shop website and is provided for information purposes only. This transaction history will show purchase transactions only and will not reflect refunds or other transactions. For a full and accurate transaction history, call the offices of The Phone Shop and they will provide you with a faxed copy of your statement. The Phone Shop shall not retain a transaction history for a period in excess of 1 (one) year.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY AND APPLICABLE LAW
The provisions of the Disclaimer of warranties, Limitation of liability and Applicable law relating to the Laws of Southern Africa and will apply equally to the remainder of this agreement.

AMENDMENT TO TERMS AND CONDITIONS
The Phone Shop may amend the terms and conditions governing access to the The Phone Shop website as well as trade using the website. The Phone Shop shall, prior to the amendments of the terms and conditions, give registered purchasers and any third parties to whom this agreement may apply notice of the amendments by email, or by posting the notice of such amendments on the The Phone Shop website. If you do not agree with the amended terms you shall immediately give notice to The Phone Shop of your wish to have your registration terminated. Failure to do so will be deemed to indicate your acceptance of the amended terms and conditions.

INTELLECTUAL PROPERTY STATEMENT
All the content, trademarks and data on this web site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of, or licensed to, The Phone Shop and as such, are protected from infringement by local and international legislation and treaties.

COMPLIANCE WITH STATUTORY CONSUMER PROTECTION PROVISIONS
The Phone Shop adheres to the provisions of Chapter VII of the Electronic Communications and Transactions Act 25 of 2002 ("the Act"). Chapter VII of the Act provides protection to consumers and the provisions of the Act relevant to commercial transactions that may be effected on the The Phone Shop website, as well as the information required in terms of the Act are provided for your reference.

WARRANTY
All the product's supplied through The Phone Shop use well-established supplier chains in South Africa. All warranties are held with The Phone Shop. The warranty is subject to our standard terms and conditions. Should a fault arise with any item, the item must be returned to The Phone Shop , the address is provided below. In the unlikely event of an OBF (Out of Box Failure), the item must be returned and this shall be swapped out. Please take note, in terms of Cellular Handsets, the OBF requirement is a talk time of no more than 15minutes. Please Note: The Apple product offering found on the The Phone Shop website is only sourced through the local Apple distribution chain. The warrantees of the Apple products are therefore held with Apple directly and the local Apple distributor is therefore obliged to honour the warrantees. In the event of a warranty issue, you can return your Apple product to The Phone Shop or alternatively to any accredited Apple dealer.

REFUNDS / RETURNS
Should the user, for any reason, wish to cancel their purchase they will be liable for a 15% handling fee. Users must advise The Phone Shop in writing of their cancellation and any such cancellation must be signed by the person who made the original purchase. Should users wish to return a purchase, please call for a return authorization number or request a return number online. The Phone Shop shall only accept returns within 7 days of receipt of delivery, provided the product is in its mint and original packaging and in the same condition as when received. The return authorization number will only be valid for a period of 7 days, commencing on issue of the return authorization number. If the goods and packaging are not in mint condition, they will be returned to the customer at the customer’s expense. Defective items may only be returned for refund or replacement subject to the following restrictions:
1. All products must be returned in original condition including packaging, documentation, warranty cards, manuals, and accessories.
2. Software and consumables are non-refundable unless returned unopened in their original packaging with documentation.
3. All custom/special orders may not be cancelled, and can only be returned for repair.
4. All non product related fees (shipping, transaction and insurance) are not refundable.
5. If unopened goods are returned within 7 days, you will receive a refund excluding transport costs.
In terms of special offers, should The Phone Shop supply the wrong product or if the product is in any way faulty or damaged, The Phone Shop will exchange it for the correct one. However, if the product is no longer being offered at the special rate, it will not be replaced, and The Phone Shop will refund the buyer's purchase price including delivery costs. Games and Software may NOT be returned if opened or unsealed and non-defective. You may exchange these items for the same item if the original is defective. Please confirm that games and software are compatible with your hardware and operating system prior to purchase as The Phone Shop cannot accept software and games returns as a result of system incompatibility. System requirements are usually available on the manufacturer's website. In terms of hardware, all guarantees are immediately null and void should any equipment be tampered with or should the seals on equipment be broken by anyone other than the manufacturers’ representative or should the goods be operated outside the Manufacturer's specifications. Under no circumstances will The Phone Shop be liable for any damage arising from any misuse or abuse of goods. No writable media CD-R, CD-RW, DVD-R, DVD-RW may be returned. Please confirm that hardware is compatible with your operating system and any existing hardware prior to purchase as The Phone Shop cannot accept hardware returns as a result of system incompatibility. System requirements are usually available on the manufacturer's website. Faulty products are to be returned to The Phone Shop (address below) in order to examine and record the item before continuing with the warranty process. Should you be located outside of Johannesburg, The Phone Shop can offer a collection of the goods with our courier (DHL) at a nominal fee.

IN TERMS OF FAULTY PRODUCT
Should the faulty product be replaced by the manufacturer or supplier, the customer shall then be provided with the replacement, alternatively, all warranty repair work shall be carried out by the respective manufacturers, suppliers and/or their authorized repair centers. Faulty products are to be returned to The Phone Shop (address below) in order to record the item before continuing with the warranty process. All goods are guaranteed against faulty materials and workmanship. Goods are not guaranteed against faults resulting from normal wear and tear. If an item from the Bruno Ricci jewellery range is damaged or faulty it must be returned (according to the standard returns policy), in order to be examined by an expert jeweler, to establish the cause of the damage or fault. If the product is in any way faulty as a result of a manufacturing defect, it will be repaired or exchanged at our discretion and at our expense. If the product is in any way faulty as a result of the customer’s negligence or use, a quote will be given to the customer to repair the product. Should the customer accept the repair charge; this cost together with delivery charges (to return the goods to the customer) must be paid before the repair is undertaken. If the goods have been damaged by the customer, to the extent that they are not repairable, they will be returned to the customer, at the customer’s expense. Should you be located outside of Johannesburg, The Phone Shop can offer a collection of the goods with our courier (DHL) at a nominal fee.

DELIVERY
When the customer purchases from The Phone Shop , legal obligations arise, and their right to refund of monies charged to their credit card or paid in any other way agreed by The Phone Shop , are limited by our terms & conditions. Users must not make any purchase through this website unless they understand and agree to all The Phone Shop’s terms and conditions. Once payment is made for the purchase, it is deemed that the user has read and understood the terms and conditions for such a purchase. If users have any queries please contact The Phone Shop , before making any purchase, for any service throughout this website. Orders placed via The Phone Shop’s order line, shall be processed the same day if during office hours, alternatively they shall be processed the next working day. All orders placed on weekends shall be processed on the Monday. All orders received by 1pm shall be processed the same day and dispatched the following working day on condition that payment reflects in the bank account of The Phone Shop, orders placed after 1pm shall be dispatched within 24-48hrs provided that it falls on a working day, and that payment reflects in the bank account of The Phone Shop. Delivery is done through The Phone Shop’s logistics partner, DHL,www.dhl.co.za , and The Phone Shop strive to ensure that all parcels shall be delivered within 48 hrs after being dispatched. This is subject to stock availability. Orders may be tracked via the DHL website www.dhl.co.za by entering your waybill number on the left panel.

EXTENDED DELIVERY TIMES
Should an order be placed for an item which The Phone Shop do not have in stock, we will first contact the customer and only then order the stock from our suppliers. Should our suppliers not be able to confirm a date within three weeks, from time of the order, for delivery, we will contact you and act on your instructions.

SPECIAL ORDERS
Certain special orders, including custom products, special configurations, and build to order PCs, require varying order lead times. Please contact us for further information.

INSURANCE LIMITATIONS OF LIABILITY
The Phone Shop accepts no liability for any loss of goods once it is handed over to our couriers. It is the onus of the client to see that they have insurance to cover their purchases. Insurance is optional should you wish to take out insurance then please contact The Phone Shop at +27 11 476 5500 or indicate it on your purchase order. This charge is applicable as at our Courier's rates.

PRICING
All pricing on the The Phone Shop website is subject to the Rand/Dollar exchange rate and is subject to change without notice. Pricing includes Value Added Tax. All prices are quoted in South African Rand (ZAR).

PAYMENT METHODS CREDIT CARD PAYMENTS
At the time of purchasing the order, the transaction details are presented to the bank for a payment request for the amount of the order. Goods are only dispatched to the customer on receipt of funds in the merchant’s bank account from the acquiring bank, Standard Bank of Southern Africa. Note that to protect its own and the interests of customers, The Phone Shop will scrutinize all transactions very carefully to prevent attempted fraud and a transaction may be refunded to the credit card concerned if The Phone Shop is not satisfied with its legitimacy. Please be aware that we monitor all the I.P. Adresses of users visiting the website. Any fraudulent activity will be reported to the proper authorities, and prosecuted to the fullest extent of the law. We also conduct a consumer check on every customer purchasing with a credit card. Please Note: International credit cards will only be accepted at the sole discretion of The Phone Shop. We further reserve the right to delay any form of refund whilst in the process of verification and card holder authentication. · Credit card payments can take up to 7 consecutive business days to clear.

CREDIT CARD ACQUIRING AND SECURITY
Credit card transactions will be acquired for The Phone Shop via VCS, who are an approved payment gateway.
1. VCS uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website. The company registration documents and the site's registered domain name are checked and verified by Thawte , ensuring the cardholder and merchant that nobody can impersonate VCS to obtain confidential information.
2. VCS is committed to providing secure online services. All encryption complies with international standards. Encryption is used to protect the transmission of personal information when completing online transactions. VCS's Internet servers are protected by firewalls and intrusion detection systems.
3. The Merchant does not have access to credit card details.
4. VCS continually reviews and enhances its security in line with technological changes. Additionally, The Phone Shop together with VCS take the following precautions to protect our consumers even further: Visa 3D Secure / Mastercard SecureCode These programs were provided by Visa and Mastercard as a measure to lock down illegal credit card use one step further. A password is issued to the customer that is linked to the credit card so that when a online transaction is taking place the password must be entered.

ELECTRONIC FUNDS TRANSFER (EFT)
If the buyer selects to pay by Electronic Funds Transfer (EFT), instructions will be given on how to deposit monies into the The Phone Shop bank account and would be subject to the following rules:
• The exact amount must be paid
• The payment must be identified by supplying the order number and surname in the reference section of the deposit slip or on the electronic transfer.
• Unpaid EFT deposit orders are cancelled after two business days.
• Clearance can take up to 3 consecutive business days. The Phone Shop’s banking details are as follows:
Account Name: The Phone Shop
Bank: Standard Bank
Account Number: 021593442
Branch Code: 631556

DIRECT DEPOSITS (DD)
If the buyer selects to pay by Direct Deposit (DD), instructions will be given on how to deposit monies into the The Phone Shop bank account and would be subject to the following rules:
• The exact amount must be paid
• The payment must be identified by supplying the order number and surname in the reference section of the deposit slip.
• Cheque deposits are subject to a 10 day clearing period.
• No bank deposits are accepted from outside the borders of South Africa.
• Unpaid bank deposit orders are cancelled after two business days. The Phone Shop’s banking details are as follows:
Account Name: The Phone Shop
Bank: Standard Bank
Account Number: 021593442
Branch Code: 631556

VOUCHERS WILL BE ACCEPTED
For security reasons, no cash will be accepted at The Phone Shop’s offices. Please note that Bank Transfers can take up to 3 consecutive days, Credit Cards can take up to 7 consecutive days and Cheque deposits can take up to 10 days to be cleared. NO order will be dispatched, nor can they be collected, before payment has been cleared by The Phone Shop’s bankers. The Phone Shop views fraud very seriously and any payment and/or collection of goods from The Phone Shop’s offices requires the customer to provide an original and valid Identity Document. By transacting with a credit card via the website and/or The Phone Shop’s offices, the user consents to The Phone Shop validating all information supplied.

OWNERS
Rakesh Gupta
Cell : +27 82 454 2862

Eran Brill
Cell : +27 82 378 0000