1.1 Introduction
1.1.1 This website can be accessed at www.mtnstore.co.za, and is the sole property of Cosmo-Net Online (Pty) Ltd. ("Cosmo-Net Online", "we", "us” and "our")
1.1.2 These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale, delivery of Goods, as well as the use of the Website.
1.1.3 These Terms and Conditions are binding and enforceable against every person that accesses or uses this website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website and by clicking on the “Register Now”/” Sign up” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
1.1.4 The Website enables you to shop online for an extensive range of goods which may include cell phone covers, chargers and other cellular related accessories (“Goods”).
1.2 Important Notice
1.2.1 These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
1.2.2 If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Cosmo-Net Online to explain it to you before you accept the Terms and Conditions or continue using the Website.
1.2.3 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 Cosmo-Net Online in terms of the CPA.
1.2.4 Cosmo-Net Online permits the use of this Website subject to the 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 the Terms and Conditions.
1.3 Registration and use of the Website
1.3.1 Only registered users may order Goods on the Website.
1.3.2 To register as a user, you must provide a unique username and password and provide certain information and personal details to Cosmo-Net Online. You will need to use your unique username and password to access the Website in order to purchase Goods.
1.3.3 You agree and warrant that your username and password shall:
1.3.3.1 be used for personal use only; and
1.3.3.2 not be disclosed by you to any third party.
1.3.4 For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.
1.3.5 You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.
1.3.6 You agree to notify Cosmo-Net Online immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
1.3.7 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.
1.3.8 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. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Company representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
1.3.9 You may not use the Website to distribute material, which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
1.3.10 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 an authorised Company representative.
1.4 Conclusion of Sales and availability of stock
1.4.1 Registered users may place orders for Goods, which Cosmo-net Online may accept or reject. Whether or not Cosmo-Net Online accepts an order depends on the availability of goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorisation by Cosmo-Net Online for the Goods.
1.4.2 NOTE: Cosmo-Net Online will indicate the acceptance of your order by delivering the Goods to you, and only at that point will an agreement of sale between you and Cosmo-Net Online come into effect (the “Sale”). This is regardless of any communication from Cosmo-Net Online stating that your order or payment has been confirmed. Cosmo-Net Online will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
1.4.3 Orders may not be cancelled after receipt of payment of the Goods by Cosmo-Net Online. After dispatch of your Goods, you may cancel the Sale only in accordance with the Returns Policy.
1.4.4 Placing Goods in a shopping basket without completing the purchase cycle does not constitute an order for such Goods, and as such, goods may be removed from the shopping basket if stock is no longer available. You cannot hold Cosmo-Net Online liable if such Goods are not available when you complete or attempt to complete the purchase cycle at a later stage.
1.4.5 You acknowledge that stock of all Goods on offer is limited. In the case of Goods for sale by Cosmo-Net Online, Cosmo-Net Online will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Goods are no longer available after placing an order, Cosmo-Net Online will notify you and you will be entitled to a refund of the amount paid by you for such Goods.
1.5 Payment
1.5.1 We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
1.5.2 Payment can be made for Goods via –
1.5.2.1 Credit card: VISA & Mastercard: where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we reserve the right 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 Goods will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Goods. 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.
1.5.2.2 Debit card: VISA & Mastercard (must be 3D Secure enabled)
1.5.2.3 Instant EFT through Payfast
1.5.2.4 Cash on Delivery (subject to availability)
1.5.3 You may contact us via email at info@mtnstore.co.za to obtain a full record of your payment. We will also send you email and SMS communications about your order and payment.
1.5.4 Once you have selected your payment method and you accept these Terms and Conditions, you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.