Terms & Conditions

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.

By using this site, phonecase.co.za, you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, please do not use this Site. This Site is owned and operated by Phoncase.co.za of Cosmibiz Investments Pty Ltd. and its affiliates and their brands. The words “we”, “our”, “us” and “Phonecase” “Phone Case”, “phonecase.co.za”, “Phone Case”, refer to Cosmibiz Investments Pty Ltd. and its affiliates and their brands unless a different meaning is evident from the context. We reserve the right, at any time and in our sole discretion, to change, modify or otherwise alter these Terms of Use. Such changes and/or modifications are effective immediately when posted on the Site. Please review the Terms of Use periodically. If any modification is not acceptable to you, your only recourse is to stop using the Site. Your continued use of the Site after the changes and/or modifications are posted will constitute your acceptance of the revised terms and conditions.

ACCEPTABLE USES.

You may use this Site only for legitimate shopping purposes or to communicate with us. You may not harm the Site in any way or otherwise use the Site in any improper manner, including, but not limited to hacking into the Site’s systems, spoofing or faking email headers or slowing or stopping the functionality of the Site. In the event you register and/or purchase product, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form. If you provide any information that is untrue, inaccurate, not current or incomplete, or we suspect, for any reason, that such information is untrue, inaccurate, not current or incomplete, we may, in our sole discretion, suspend or terminate your account and refuse any and all current or future use of the Site. To register on our site you will create a password and account designation. You are responsible for all activities that occur under your password or account and you are responsible for maintaining the confidentiality of the password, the account, and for restricting access to your computer. If you are under the age of 18, you may use the Site only with involvement of a parent or legal guardian. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this paragraph. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

RISK OF LOSS

Items purchased from us are made pursuant to a shipment contract. This means that the risk of loss and the title for such items pass to you upon our delivery to the carrier.

RESTRICTIONS ON USE OF MATERIALS

This Site contains copyrighted materials, trademarks and other proprietary information, including, but not limited to, text, photos and graphics, the worldwide rights to which are owned by us, our related entities, parents and our licensors or licensees. You may not use, copy, publish, upload, post (to a bulletin board or otherwise), transmit, distribute, or modify any contents of this Site in any way, except that you may download one copy of such contents on any single computer for your personal, non-commercial use only, provided you do not alter or remove any copyright, trademark, author attribution or other proprietary notices and legends.

 

 

 

DISCLAIMER.

THIS SITE AND ANY OTHER SITE THAT LISTS OUR PRODUCTS, AND ALL MATERIALS CONTAINED ON THIS SITE AND ANY OTHER SITE THAT LISTS OUR PRODUCTS, ARE DISTRIBUTED AND TRANSMITTED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT: (A) THE CONTENTS OF THIS SITE OR ANY OTHER SITE THAT LISTS OUR PRODUCTS (INCLUDING PRICING, DESCRIPTION AND OTHER PRODUCT INFORMATION) WILL BE ACCURATE, RELIABLE, CURRENT OR ERROR-FREE, OR THAT ANY ERRORS IN SUCH CONTENTS WILL BE CORRECTED; OR MISTAKES IN PRICING OR OTHER PRODUCT DETAILS WILL BE HONORED; (B) THAT THIS SITE, ANY OTHER SITE THAT LISTS OUR PRODUCTS OR THE SERVERS THAT MAKE SUCH SITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (C) THAT YOUR USE OF THIS SITE OR OTHER SITE THAT LISTS OUR PRODUCTS WILL BE UNINTERRUPTED. DESPITE OUR BEST EFFORTS, FROM TIME TO TIME ITEMS ON THIS SITE OR ANY OTHER SITE THAT LISTS OUR PRODUCTS MAY BE MISPRICED. IF AN ITEM’S CORRECT PRICE IS HIGHER THAN THE LISTED PRICE, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO CANCEL YOUR ORDER AND NOTIFY YOU OF SUCH CANCELLATION. IF A PRODUCT OFFERED ON THIS SITE OR ANY OTHER SITE THAT LISTS OUR PRODUCTS IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN IT IN UNUSED CONDITION.

LIMITATION OF LIABILITY.

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE THAT RESULT FROM, ARISE OUT OF, OR ARE IN CONNECTION WITH THE USE OF OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THIS SITE OR ITS CONTENTS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

LINKS.

THIS SITE MAY PROVIDE, OR THIRD PARTIES MAY PROVIDE, LINKS TO OTHER WORLD WIDE WEBSITES OR RESOURCES. BECAUSE PHONECASE OF COSMIBIZ INVESTMENTS PTY LTD HAS NO CONTROL OVER SUCH SITES AND RESOURCES, YOU ACKNOWLEDGE AND AGREE THAT PHONECASE OF COSMIBIZ INVESTMENTS PTY LTD IS NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH EXTERNAL SITES OR RESOURCES, AND DOES NOT ENDORSE AND IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH SITES OR RESOURCES. YOU FURTHER ACKNOWLEDGE AND AGREE THAT PHONECASE OF COSMIBIZ INVESTMENTS PTY LTD SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH SITE OR RESOURCE.

INDEMNIFICATION.

You agree to indemnify, defend, and hold harmless, Phoncase.co.za of Cosmibiz Investments Pty Ltd its affiliates, parents, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of this agreement by you. We reserve the right to assume, at our sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.

PROMOTIONS.

From time to time, we may post a contest, sweepstakes, or other similar promotion (“Promotion”) on our social media websites or the Site. Unless otherwise stated in the Official Rules for such Promotions, and, in addition to and as part of the Terms of Use and Privacy Policy, by participating in any such Promotion you acknowledge and agree to be bound by the following terms:

  • No purchase necessary to win;
  • Any applicable taxes are to be paid by Promotion winner;
  • Void where prohibited;
  • Employees of Phoncase.co.za of Cosmibiz Investments Pty Ltd, its parent, affiliates, subsidiaries and advertising and promotion agencies are not eligible to enter or win;
  • Our decisions and/or the decisions of judges with respect to any aspect of the Promotion are final;
  • Judges, if any, are qualified to apply the Promotion criteria;
  • We are not responsible for lost, late, misdirected, incomplete, inaccurate, delayed, garbled, stolen or illegible entries or postage-due mail;
  • Entries in excess of the stated entry limitations will be void;
  • Mass entries or mechanical reproductions are void;
  • Prizes cannot be transferred, redeemed for cash or substituted, except by Phoncase.co.za of Cosmibiz Investments Pty Ltd who reserves the right to substitute a prize of comparable or greater value;
  • Prizes will not be awarded if we do not receive a sufficient number of eligible and qualified entries;
  • Entries must be original and become the property of Phoncase.co.za of Cosmibiz Investments Pty Ltd upon submission; and
  • We reserve the right to verify eligibility qualifications of any potential winner and such potential winner agrees to cooperate in such verification when asked.
  • Unless otherwise stated, Promotions are in no way sponsored, endorsed or administered by, or associated with, Facebook or any other Social Media Host (as defined above). You understand that you are providing your information to us and not to Facebook or any other Social Media Host. The information you provide will only be used for the purposes outlined in our Privacy Policy.
  • A person who accepts a prize as a winner in any Promotion (as defined below), or posts Submitted Materials to any of our social media websites, except where legally prohibited, such person grants permission for us and our designees to use his/her name, address (city and state), photograph, voice and/or other likeness and, if applicable, prize information for advertising, trade and promotional purposes without further compensation, in all media now known or hereafter discovered, worldwide in perpetuity, without notice or review or approval.

 

SOCIAL MEDIA SITES.


See Privacy Policy for additional terms governing our Social Media Sites.

 

TAXES

The South African Tax is at 14%.

For countries imposing sales or use taxes, your purchase is subject to use tax unless it is specifically exempt from taxation. Your purchase is not exempt merely because it is made over the Internet or by other remote means. Many states require purchasers to file a sales/use tax return reporting all of the taxable purchases that were not taxed and to pay tax on those purchases. Details of how to file these returns may be found at the websites of your respective taxing authorities.

 

JURISDICTION AND GOVERNING LAW.

The Privacy Policy and Terms of Use are managed from our office at Bryanston in the province of Johannesburg, part of the country of South Africa part of the Republic of South Africa. Although this site can be accessed from other locations, by accessing this Site you agree that these Terms of Use shall be governed by and construed in accordance with the laws of the Province of Johannesburg South Africa, without giving effect to its conflicts of law principles. By using the Sites you irrevocably consent to personal jurisdiction in the City and Province of Bryanston, Johannesburg, South Africa, for any dispute arising hereunder.

DISPUTES AND ARBITRATION AGREEMENT.

Any dispute or claim relating in any way to products or services sold or distributed through the Site, or relating in any way to your use of the Site (including without limitation claims relating to the breach of the Terms of Use, Privacy Policy or the unauthorized disclosure of personally identifiable information) will be resolved by binding arbitration, rather than in court.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would.

If for any reason a claim proceeds in court rather than in arbitration YOU HEREBY WAIVE ANY RIGHT TO A JURY TRIAL / TRAIL. We also both agree that either of us may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION.

Unless we both agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative, consolidated or class proceeding. If the requirements of this paragraph are found to be unenforceable, then the entirety of this arbitration provision shall be null and void except for the waiver of any right to a form jury trial / trial described in the previous paragraph.

If a dispute arises we strongly encourage you to first contact our Customer Service Department before starting arbitration or filing a claim in small claims court. We value our relationships with our customers and will try to resolve your claims informally and quickly.

If your dispute is not resolved by Customer Service, before beginning arbitration, you must send written notice describing the claim to the Office of the General Counsel at the following address:

COSMIBIZ INVESTMENTS PTY LTD
40 Ballyclare Dr, Sandton
2191
Brynston,
Gauteng, South Africa
ATTN: General Counsel
Email: info@phonecase.co.za

You may choose to have the arbitration conducted by telephone, based on written submissions, or in person.

The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Any claim or disputes arising out of, related to or connected with the use of the Site must be filed within one (1) year after such claim or cause of action arose or is forever banned.

NOTIFYING US OF CLAIMED COPYRIGHT INFRINGEMENT

If you wish to notify us of an alleged copyright infringement for material posted on the Site, to be effective, your notice must be a written communication to us info@phonecase.co.za Please consult your legal advisor. Your notice must include substantially the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material. The best method is to provide a URL in the body of an email.
  • Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Such written notice should be sent to our designated agent as follows:
COSMIBIZ INVESTMENTS PTY LTD
40 Ballyclare Dr, Sandton
2191
Brynston,
Gauteng, South Africa
Email: info@phonecase.co.za
Please also note that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. This includes acts of vindictive nature, acts to gain a competitive advantage, unlawful acts to receive benefit etc..

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