Terms and Conditions

1. Who we are

These terms apply to all purchases made through https://thephoneguyza.co.za and to any sale or trade-in of a device to us.

Full legal name: [REGISTERED COMPANY NAME] Trading as: The Phone Guy Registration number: [REG NUMBER] VAT number: [VAT NUMBER, or state “not a VAT vendor”] Registered office and physical address: [FULL ADDRESS] Email: info@thephoneguyza.co.za Telephone: [NUMBER] Directors / members: [NAMES]

References to “we”, “us” or “our” mean the above entity. References to “you” mean the person placing the order.

2. Acceptance

By placing an order, creating an account, or submitting a trade-in request, you confirm that you have read, understood and agree to these terms. If you do not agree, please do not use the website.

You confirm that you are at least 18 years of age and have the legal capacity to enter into a binding agreement.

3. Our products

3.1 Pre-owned devices

Most devices we sell are certified pre-owned. They have been previously used, inspected, tested, factory reset and graded before listing.

3.2 Condition grading

Each device is sold in a stated condition grade — Brand New, Grade A, Grade B or Grade C. The grade describes cosmetic condition only. The grading criteria are set out in full on our FAQs page and form part of these terms.

By selecting a grade at checkout, you acknowledge that you have read the grading criteria and accept the device in the stated condition.

3.3 Product images

Images on our product pages are illustrative and are used to show the model and available colour range. They are not photographs of the specific unit you will receive. The device dispatched will match the model, storage capacity, colour and grade selected at checkout. Photographs of a specific unit are available on request before dispatch.

3.4 Accuracy

We take reasonable care to ensure descriptions, specifications and pricing are accurate, but we do not warrant that all content on the website is free of error. Where an obvious error occurs, clause 5.3 applies.

4. Pricing

All prices are shown in South African Rand and [include / exclude] VAT.

Prices exclude delivery charges unless expressly stated. The delivery cost applicable to your order is displayed at checkout before payment.

We may change prices at any time. The price applicable to your order is the price displayed at the time your order is accepted.

5. Orders

5.1 How an order is placed

Placing an order through the website is an offer to purchase. A contract of sale comes into effect only once we have accepted your order and confirmed payment.

5.2 When we may decline an order

We may decline or cancel an order, in whole or in part, where the device is no longer available, where payment cannot be verified, where we suspect fraudulent activity, where the delivery address falls outside our courier network, or where an error in pricing or description has occurred.

Where we cancel an order after payment, we will refund you in full.

5.3 Pricing and description errors

Where a device is listed at an incorrect price or with a materially incorrect description as a result of an obvious error, we are not obliged to fulfil the order at that price. We will contact you, offer you the option to proceed at the corrected price or to cancel, and refund you in full if you cancel.

6. Payment

We accept the payment methods displayed at checkout, currently Visa and Mastercard, instant EFT through Ozow, card and EFT through PayFast, and pay-over-time options through PayJustNow, Payflex and Mobicred.

Pay-over-time and credit facilities are provided by those third parties under their own terms and approval criteria. We are not a party to that agreement and are not responsible for their decisions.

Orders are dispatched only once payment has been received and confirmed.

7. Delivery

7.1 Areas and timeframes

We deliver to addresses within South Africa by tracked courier. Estimated delivery is 2 to 3 working days from confirmation of payment, and longer for outlying areas.

Delivery timeframes are estimates. We are not liable for delays caused by the courier, by incorrect address details supplied by you, or by events outside our reasonable control.

7.2 Your responsibilities

You must supply a complete and accurate delivery address and a contactable number. Where a delivery fails because the address was incorrect or nobody was available to receive it, any re-delivery charge is for your account.

7.3 Risk and ownership

Risk in the device passes to you on delivery, or on collection where you have selected that option. Ownership passes once payment has been received in full.

7.4 Collection

[CONFIRM — addresses and hours] Collection is available at our points in Durban, Pretoria and Cape Town. Orders must be collected by the purchaser or an authorised representative, and proof of identity and the order number are required.

8. Cooling-off period

Where you have purchased through this website, you may cancel the transaction without reason and without penalty within 7 days of delivery, in accordance with section 44 of the Electronic Communications and Transactions Act.

To exercise this right, notify us in writing at info@thephoneguyza.co.za and return the device in the condition it was received, complete with all accessories and packaging. We will refund the purchase price within 30 days of cancellation. [CONFIRM] The cost of returning the device is for your account.

This right is in addition to your rights under clauses 9 and 10.

9. Returns and refunds

Our full returns process is set out on our Returns page, which forms part of these terms.

Where a device is returned, it must include all accessories supplied and must not have been damaged, altered or repaired by anyone other than us. Any device returned with an active iCloud or Google account lock in place cannot be processed until the account has been removed.

Refunds are processed through the original payment method. Where a pay-over-time provider was used, the refund is processed through that provider and your instalment plan is adjusted accordingly.

10. Warranty

10.1 Our warranty

Every device is covered by a [X]-month warranty from date of purchase, covering hardware and functional faults arising in normal use.

10.2 What is not covered

The warranty does not cover accidental damage, liquid damage, cracked or damaged screens, damage caused by misuse or unauthorised repair, cosmetic wear, software or account issues not caused by a hardware fault, or the gradual decline of battery capacity through normal use.

10.3 Your statutory rights

Nothing in these terms limits or replaces the rights available to you under the Consumer Protection Act 68 of 2008, including the right to return goods that are defective, unsafe or not fit for their intended purpose.

Kindly note that where you have been expressly informed of a device’s condition and have accepted it in that condition — for example, by selecting a cosmetic grade at checkout — the statutory quality warranty does not apply to the condition disclosed.

10.4 Making a claim

Contact us at info@thephoneguyza.co.za with your order number and a description of the fault. We may require the device to be returned for assessment before a claim is resolved. Where a fault is confirmed, we will repair, replace or refund at our election, subject to your rights under the Consumer Protection Act.

11. Selling or trading in a device to us

11.1 Estimates

Any value quoted through our website, by message or by telephone is an estimate based on the information you provide. It is not a binding offer and is subject to physical inspection.

11.2 Final offer

Once we have received and inspected the device, we will confirm a final offer. Where the device does not match the description provided, we may revise the offer. You may decline the revised offer, in which case the device will be returned to you. [CONFIRM — at whose cost]

11.3 Your warranties to us

By selling or trading in a device, you warrant that you are the lawful owner of the device or are authorised to sell it, that it is not stolen, lost, or reported to any network or insurer, that it is not subject to any finance, contract or lien, and that all account locks, including iCloud and Google accounts, have been removed.

11.4 Identification

[CONFIRM] We are required to record the identity of any person from whom we acquire a second-hand device. You will be asked to provide identification, and we will retain a record of it as required by law. This information is handled in accordance with our Privacy Policy.

11.5 Suspect devices

Where a device is found to be blacklisted, reported stolen, or subject to a finance or insurance claim, we will not proceed with the purchase and may be required to report the matter and hand the device to the relevant authority.

12. Intellectual property

All content on this website, including text, logos, layout and graphics, is owned by us or licensed to us and may not be copied or reproduced without written permission.

Apple, iPhone, iPad and Samsung, and all related marks, are the trademarks of their respective owners. We are an independent retailer and are not affiliated with, authorised by, or endorsed by any manufacturer.

13. Limitation of liability

To the extent permitted by law, we are not liable for any indirect or consequential loss arising from the use of the website or from any device purchased, including loss of data, loss of profit, or loss of use.

We strongly recommend you back up all data before sending any device to us for trade-in, repair or a warranty assessment. We are not responsible for data left on a device.

Nothing in this clause limits liability that cannot lawfully be limited, including liability under section 61 of the Consumer Protection Act.

14. Privacy

Your personal information is processed in accordance with our Privacy Policy, which forms part of these terms.

15. Complaints and disputes

Please contact us first at info@thephoneguyza.co.za so that we can resolve the matter directly.

If we are unable to resolve it, you may refer the matter to the Consumer Goods and Services Ombud, or to the National Consumer Commission.

16. General

Governing law. These terms are governed by the laws of the Republic of South Africa.

Jurisdiction. You consent to the jurisdiction of the Magistrate’s Court, notwithstanding that the claim may exceed its jurisdictional limit.

Changes. We may amend these terms from time to time. The version in force at the time you place your order is the version that applies to that order.

Severability. If any clause is found to be unenforceable, the remaining clauses continue to apply.

Whole agreement. These terms, together with our Privacy Policy, Returns page and Shipping page, constitute the entire agreement between us.

Force majeure. We are not liable for any failure to perform caused by events outside our reasonable control, including load shedding, courier disruption, network failure or acts of government.