Terms and Conditions

Note on Payments

At Shop It New ZA (Pty) Ltd, we want to make sure you’re informed about how payments work.

Here’s what you need to know:

Withholding Period: When you make a payment through Payfast, please note that there is a 48-hour withholding period. This short delay is to ensure that Payfast conducts necessary fraud checks. After this period, your payment becomes eligible for payout to our Shop It New ZA (Pty) Ltd bank account.

Payout Time: Once your payment is eligible for payout, it takes another 48 hours (on top of the initial 48-hour withholding period), or 2 working days, for the funds to appear in our Shop It New bank account.

Order Processing: Your order will be processed and your products shipped only when the payouts (funds) from Payfast have successfully reflected in our bank account.

Payment Methods: Please be aware that certain payment methods, such as Visa/Mastercard Credit card, Debit card, Cheque card, Instant EFT, Mobicred, RCS Store Cards, SnapScan, Zapper, Apple Pay, Samsung Pay, Capitec Pay, Bank QR Codes, and Scan To Pay, may be subject to the Payfast withholding period and payout time delays.

Yoco Payments: If you choose to make payments through Yoco, please allow up to 2 business days for the transaction to clear in our bank account. We appreciate your patience during this time. Payment methods available with Yoco include Visa, Mastercard, American Express, Apple Pay, and Instant EFT. Instant EFT banks supported as of 08/01/2024 (Absa, FNB, Investec, Nedbank, Standard Bank, TymeBank)

We’re committed to offering you a safe and secure payment experience while ensuring your orders are processed promptly.

Thank you for choosing Shop It New ZA (Pty) Ltd for your shopping needs. If you have any questions or concerns about payments, please don’t hesitate to reach out to our friendly customer support team; we’re here to assist you.

You can contact us via email: admin@shopitnew.co.za or Telephone: +27 (0) 81 353 0833

Our WhatsApp number is +27 (0) 68 631 5532

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Description of goods and/or services

Shop It New ZA (Pty) Ltd. is a business in the Technology industry that resells (or sells) technology products, consumer electronic goods, renewable energy and backup power equipment, appliances, and related support services for consumers (individuals) and entrepreneurs.

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Delivery policy

Subject to availability and receipt of payment (read more about this above), requests will be processed within 1-2 days, and delivery confirmed by way of the order number (or reference number provided).

Export restriction

The offering on this website is available to South African customers (or clients) only.

Return and Refunds policy

The provision of goods and services by Shop It New ZA (Pty) Ltd is subject to availability. In cases of unavailability, Shop It New ZA (Pty) Ltd will refund the client in full within 7-14 days.

Customer Privacy policy

Shop It New ZA (Pty) Ltd shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.lawsofsouthafrica.up.ac.za/index.php/current-legislation

Payment options accepted

Payment may be made via Visa and MasterCard.

Card acquiring and security

Card transactions will be acquired for Shop It New ZA (Pty) Ltd via Payfast (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. Payfast uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.payfast.io to view their security certificate and security policy.

Customer details separate from card details

Customer details will be stored by Shop It New ZA (Pty) Ltd separately from card details which are entered by the client on Payfast’s secure site.

For more detail on Payfast refer to www.payfast.io

Merchant Outlet country and transaction currency

The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).

Responsibility

Shop It New ZA (Pty) Ltd takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.

Country of domicile

This website is governed by the laws of South Africa and Shop It New ZA (Pty) Ltd chooses as its 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 (Mail or post sent to 86 Mayibuye Drive, Durban, KZN, 4066, Republic of South Africa)

Variation

Shop It New ZA (Pty) Ltd may, in its sole discretion, change this agreement or any part thereof at any time without notice.

Company information

This website is run by Shop It New ZA (Pty) Ltd (private company) based in South Africa trading as Shop It New and with registration number 2022/528007/07 and Andile Zulu (Director/Owner).

Shop It New ZA (Pty) Ltd contact details

Company Physical Address: 86 Mayibuye Drive, Durban, KZN, 4066, Republic of South Africa.

Email: admin@shopitnew.co.za // Phone: +27 (0) 81 353 0833 // WhatsApp: +27 (0) 68 631 5532

CARD PROCESSING

Company name: PayFast (Pty) Ltd

Registration number: 2007/011558/07

Postal address: P O Box 27021, Hout Bay, Cape Town, Western Cape, 7872

Physical address: 240 Main Road Great Westerford Building Second Floor, Rondebosch, Cape Town, 7700

Phone number: (021) 300 4455

Website: https://payfast.io/

or

Company Name: Yoco Technologies Proprietary Limited trading as “Yoco”);

Legal status: Yoco is a private company, duly incorporated in terms of the applicable laws of South Africa;

Registration No: 2013/203377/07;

Director(s): Katlego Maphai and Carl Wazen;

E-mail address: legal@yoco.com;

Website addresses: https://www.yoco.co.za or https://www.yoco.com;

Physical Address: 7th Floor, 56 Shortmarket Street, Cape Town, 8000;

Postal Address: Postnet Suite 303, Private Bag X3, Roggebaai, Western Cape, 8012; and

Registered Address: 7th Floor, 56 Shortmarket Street, Cape Town, 8000.

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General Terms & Conditions

Introduction

1.1. These Terms and Conditions are binding and enforceable against every person (“you or “your”) that accesses or uses this website.

1.2. This website can be accessed at www.shopitnew.com (the “Website”) and is owned and operated by Shop It New ZA (Pty) Ltd.

1.3. By using the Website and by clicking on the “I Accept” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.

1.4. These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”) and your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.

1.5. If there is any provision in these Terms and Conditions that you do not understand, you may click on the “Contact” link and request that Shop It New ZA (Pty) Ltd. explain it to you before you accept the Terms and Conditions or continue using the Website.

1.6. 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 Shop It New ZA (Pty) Ltd. in terms of the CPA.

1.7. Shop It New ZA (Pty) Ltd. permits the use of this Website subject to these 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 these Terms and Conditions.

Use of the Website

2.1. 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 (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.

2.2. You agree that you will not in any way use any device, software or other instruments to interfere or attempt to interfere with the proper working of the Website. You also agree that all content including any material, information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (the “Content”) belongs to Shop It New ZA (Pty) Ltd. and you shall not therefore in any way use any robot, spider, other automatic devices, or manual process to monitor, copy, reverse engineer, distribute or modify the Website or the information contained herein, without the prior written consent from Shop It New ZA (Pty) Ltd.

2.3. You may not use the Website to distribute defamatory material, offensive, contains or amounts to hate speech or is otherwise unlawful.

2.4. 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 Shop It New ZA (Pty) Ltd.

Ordering of Products

3.1. When you place an order for a product, your order is subject to product availability. You acknowledge that the stock of all products is limited and that pricing may change at any time without notice to you. Shop It New ZA (Pty) Ltd. will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are removed from the Website. Shop It New ZA (Pty) Ltd. cannot guarantee the availability of stock. If you order a product on the Website and that product is no longer available after payment, Shop It New ZA (Pty) Ltd. will notify you and you will be entitled to a refund of any amount already paid by you for such products.

3.2. Prior to delivery or your collection of the products you ordered; you may cancel an order at any time provided you do so before receiving a dispatch notice for Shop It New ZA (Pty) Ltd. After delivery or your collection of the products, you may return such products only in accordance with the Shop It New ZA (Pty) Ltd. Returns Policy.

3.3. You are solely responsible for the accuracy of any CTO order, including with respect to the specification, configuration or other requirements of products. You warrant that the information provided to Shop It New ZA (Pty) Ltd under an Agreement is complete, accurate and true, and you acknowledges that a failure to provide complete, accurate and true information or instructions to Shop It New ZA (Pty) Ltd may detrimentally affect Shop It New ZA (Pty) Ltd’s ability to discharge its obligations or exercise its rights under an Agreement.

Trade-In

4.1. Shop It New ZA (Pty) Ltd. offers you the opportunity to trade in your used products (the “Trade-in Product”) in exchange for a discount against your purchase of New Products.

4.2. The value of the Trade-in Product will be used as part payment for the New Product.

4.3. Trade-in Products:

4.3.1. If you wish to trade-in any of your used products, you will be required to have the Trade-in Product assessed by Shop It New ZA (Pty) Ltd.

4.3.2. You will be able to trade-in multiple Products (irrespective of make or model) towards the purchase of one new Product.

4.3.3. Shop It New ZA (Pty) Ltd. will assess the condition of the Trade-in Product to determine whether there is any damage or wear and tear on the Trade-in Product.

4.3.4. All Trade-in Products must be at least electronically functional to be considered for the trade-in process.

4.3.5. A trade-in will not be considered if the serial number on the Trade-in Product has been removed, damaged, or hidden or if your device itself has been altered, tampered or meddled with in any way.

4.3.6. All Trade-in Products will be assessed against Shop It New ZA (Pty) Ltd. system objective grading criteria and the assessment results pertaining to the condition of the Trade-in Product shall be final.

4.3.7. After the assessment, the Shop It New ZA (Pty) Ltd. representative will advise you of the value of the Trade-in Product. If you agree to complete the trade-in process, you will be required to fill in a form with your personal details and provide a copy of your identity document.

4.3.8. All your data must be removed from the Trade-in Products when you trade it in and Find my iPhone (or any device tracking software) should be deactivated.

4.3.9. International devices may be traded in providing they pass the trade in criteria checks.

4.3.10. In the event that the Traded-in Product is found to be stolen, or subject to reservation of ownership by finance institution or any other instance where you are not the unencumbered owner of the Trade-in Product, Shop It New ZA (Pty) Ltd. has the right to demand immediate refund for the full trade-in value of the Trade-in Product plus interest. You hereby indemnify and hold Shop It New ZA (Pty) Ltd. harmless against any loss or damages that the Shop It New ZA (Pty) Ltd. may suffer as a result of Shop It New ZA (Pty) Ltd. reliance on false information relating to the Trade-in Product including but not limited to the lawful owner of the Trade-in product.

Errors

5.1. Shop It New ZA (Pty) Ltd. shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of products on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to Shop It New ZA (Pty) Ltd. gross negligence), Shop It New ZA (Pty) Ltd. 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.

5.2. Shop It New ZA (Pty) Ltd. shall not be bound by any incorrect information regarding the products displayed on any third-party websites.

Pricing and specifications are subject to change without prior notice. Errors and Omissions Excepted (E&OE)

Privacy

6.1. Please refer to our Privacy Policy incorporated by reference (which means that it forms part of these Terms and Conditions).

Changes to these Terms and Conditions

7.1. Shop It New ZA (Pty) Ltd. may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.

7.2. Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.

Disclaimer

8.1. The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.

8.2. Whilst Shop It New ZA (Pty) Ltd. takes reasonable measures to ensure that the content of the Website is accurate and complete, Shop It New ZA (Pty) Ltd. makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by Shop It New ZA (Pty) Ltd. representatives, Shop It New ZA (Pty) Ltd. shall not be bound thereby.

8.3. Shop It New ZA (Pty) Ltd. disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.

8.4. Although the products sold from the Website or Shop It New ZA (Pty) Ltd. may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.

8.5. In addition to the disclaimers contained elsewhere in these Terms and Conditions, Shop It New ZA (Pty) Ltd. also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials, or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Shop It New ZA (Pty) Ltd., its employees, agents or authorized representatives. Shop It New ZA (Pty) Ltd. thus disclaims all liability for any damage, loss, or liability of any nature whatsoever arising out of or in connection with your access to or use of the Website.

Linking to third party websites

9.1. This Website may contain links or references to other websites (“Other Websites”) which are outside of Shop It New ZA (Pty) Ltd’s control. These Terms and Conditions do not apply to those Other Websites and Shop It New ZA (Pty) Ltd. is not responsible for the practices and/or privacy policies of those Other Websites or the “cookies” that those sites may use.

9.2. 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 therein.

Limitation of liability

10.1. Shop It New ZA (Pty) Ltd. cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of Shop It New ZA (Pty) Ltd., it’s employees, agents or authorised representatives.

10.2. To the extent permissible by law, Shop It New ZA (Pty) Ltd. will not be liable for any direct, indirect, special or consequential loss or damages howsoever arising out of your use of any of the Shop It New ZA (Pty) Ltd. products.

10.3. Shop It New ZA (Pty) Ltd. will not be liable for any direct, indirect, special or consequential loss or damages howsoever arising including but not limited to, your use of this Website, activity on the Website and or any linked Other Websites.

10.4. You hereby indemnify Shop It New ZA (Pty) Ltd. and hold it harmless against any loss or damage you or any third party may suffer as a result of your use of this Website, any Other Website and/or the Shop It New ZA (Pty) Ltd. products.

Availability and termination

11.1. Shop It New ZA (Pty) Ltd. will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.

11.2. Shop It New ZA (Pty) Ltd. may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Shop It New ZA (Pty) Ltd.will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.

Complaints and notice

12.1. All complaints and queries should be sent by email to admin@shopitnew.co.za

12.2. Any legal notices that you give Shop It New ZA (Pty) Ltd. under this contract must be sent to the e-mail address: admin@shopitnew.co.za

12.3. Notices must be sent by email and must be in English.

All notices sent –

by email will be deemed to have been on the date indicated in the “Read Receipt” notification. All e-mail communications between you and Shop It New ZA (Pty) Ltd. must make use of the “Read Receipt” function to prove used that the e-mail has been received.

12.4. Where Shop It New ZA (Pty) Ltd. needs to give you any notice as provided for in these Terms and Conditions or provide additional information about the products and services supplied to you, Shop It New ZA (Pty) Ltd. will do so by sending you an email. notice on this Website. You hereby consent to Shop It New ZA (Pty) Ltd. providing you with notices or information in this way.

Governing law and jurisdiction

13.1.These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.

13.2.In the event of any dispute arising between you and Shop It New ZA (Pty) Ltd., you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.

13.3.Nothing in this clause 15 or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.

General

14.1. You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.

14.2. Any failure on the part of you or Shop It New ZA (Pty) Ltd. to enforce any right in terms hereof shall not constitute a waiver of that right.

14.3. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.

14.4. No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.

14.5. If you need to obtain a sales record of your transaction to buy products through the Shop It New ZA (Pty) Ltd. Website, you can contact Shop It New ZA (Pty) Ltd. within 30 days of the transaction.

14.6. No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.

14.7. These Terms and Conditions contain the whole agreement between you and Shop It New ZA (Pty) Ltd. and no other warranty or undertaking is valid, unless contained in this document between the parties.