This website can be accessed at www.mondoshop.co.za, related mobi-sites and software applications (the “Website”) and is owned and operated by Mondo Connect Pty Ltd.
These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Products, and the use of the Website.
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 creating a user profile, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
The Website enables you to shop online for a variety of tech and non-tech accessories (hereinafter the “Products”).
These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”) and/or the Electronic Communications and Transactions Act 25 of 2002 (the “ECTA”).
These Terms and Conditions contain provisions which -
may limit the risk or liability of Mondo Shop or a third party; and/or
may create risk or liability for the user; and/or
may compel the user to indemnify Mondo Connect or a third party; and/or
serves as an acknowledgement, by the user, of a fact.
Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Mondo Shop to explain it to you before you accept the Terms and Conditions or continue using the Website.
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 Mondo Shop in terms of the CPA and/or the ECTA, whichever is applicable.
Mondo Shop 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.
REGISTRATION AND USE OF THE WEBSITE
Only registered users may order Products on the Website.
To register as a user, you must provide a unique username and password and provide certain information and personal details to Mondo Shop. You will need to use your unique username and password in order to purchase Products.
You agree and warrant that your username and password shall:
be used for personal use only; and
not be disclosed by you to any third party.
For security purposes you agree to enter the correct username and password whenever ordering Products, failing which you will be denied access.
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, except where the order is cancelled by you in accordance with these Terms and Conditions.
You agree to notify Mondo Shop 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.
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.
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 Mondo Shop representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
You may not use the Website to distribute material, which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
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 Mondo Shop representative.
Mondo Shop shall take all reasonable steps to protect the personal information of users. For the purposes of this clause , “personal information” shall be defined in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569.
SALES AND AVAILABILITY OF STOCK
Registered users may place orders for Products, which Mondo Shop may accept or reject. Whether or not Mondo Shop accepts an order depends on the availability of Products, correctness of the information relating to the Products (including without limitation the price) and receipt of payment or payment authorisation by Mondo Shop for the Products.
The provision of goods and services by Mondo Shop is subject to availability, in cases of unavailability, Mondo Shop will refund you in full within 30 (thirty) days.
You may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery or your collection of the Products, you may return the Products only in accordance with the Returns Policy (as per clause 4.4 or visit our delivery and returns FAQs).
You acknowledge that stock of all Products on offer is limited and that pricing may change at any time without notice to you. In the case of Products for sale by Mondo Shop, Mondo Shop 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 Products are no longer available after you have placed an order, Mondo Shop will notify you and you will be entitled to a refund of any amount already paid by you for such Products.
Any Products purchased may not be used for the purpose of resale. Should we suspect that any such Products are being purchased for resale, we are entitled to cancel your order immediately on notice to you.
The offering on this website is available to South African Client’s only.
We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
Credit card: 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 are entitled 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 Products will be cancelled.
You warrant that you are fully authorised to use the credit card supplied for purposes of paying for the Products. 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.
Payment may be made via Mastercard, Diners or American Express cards or by bank transfer into the Mondo Shop account, the details of which will be provided.
Card transactions will be acquired for Mondo Shop via PayGate (Pty) Ltd who are approved payment gateway for all South African acquiring banks. DPO PayGate 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.paygate.co.za to view their security certificate and security policy.
Customer details will be stored by Mondo Shop separately from card details which are entered by the user on DPO PayGate’s site for more details DPO PayGaterefer to www.paygate.co.za.
The merchant outlet country at the time of presenting payment options of the cardholder is South Africa. Transaction currency is South African Rand (ZAR).
The delivery of Products will take place via Courier.
For more information about delivery, please see our FAQs: Shipping and Delivery, which are incorporated into these Terms by reference. Our delivery charges are subject to change at any time, without prior notice to you, so please check the FAQs for the most up-to-date information. You will see the applicable delivery charges in your cart when you check out.
Where Mondo Shop accepts your order, Mondo Shop will process your order once we receive confirmation of successful payment.
Mondo Shop’s obligation to deliver a product to you is fulfilled when we deliver the Product to the physical address nominated by you for delivery of the order. Mondo Shop is not responsible for any loss or unauthorised use of a product after it has delivered the product to the physical address nominated by you.
Cancellation of orders (that have already been shipped) will attract a delivery fee (if applicable).
USE AND REDEMPTION OF GIFT VOUCHERS
Please see Website Terms and Conditions for use of Gift Vouchers as per clause 2.
CHANGES TO THESE TERMS AND CONDITIONS
Mondo Shop 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.
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.
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.
Whilst Mondo Shop takes reasonable measures to ensure that the content of the Website is accurate and complete, Mondo Shop 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 Mondo Shop representatives, Mondo Shop shall not be bound thereby.
Mondo Shop 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.
Although Products sold from the Website 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.
LIMITATION OF LIABILITY
Mondo Shop 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 Mondo Shop, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of our Customer Care team.
Mondo Shop shall not be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from your use of, or reliance upon, the Website or the content contained in the Website; or your inability to use the Website, and/or unlawful activity on the website and/or any linked third party website.
You hereby indemnify Mondo Shop against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of this website and/or any linked third-party website.
GOVERNING LAW AND JURISDICTION
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.
In the event of any dispute arising between you and Mondo Shop, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Gauteng Division) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
Nothing in this clause 1.11 or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA and/or the ECTA, whichever is applicable.
WEBSITE TERMS AND CONDITIONS FOR USE OF GIFT VOUCHERS
The gift voucher is valid for 3 (three) years from date of issue and must be utilised within this period.
In the event that the gift voucher is lost and/or stolen, neither Mondo Shop nor any of its agents will be liable for any reimbursement of any nature whatsoever.
The usage of the gift voucher is solely at the risk and discretion of the customer.
The gift voucher can be applied to any item. If the total value of your purchase exceeds the value of the gift voucher used, the balance is required to be paid using any of the available payment methods on www.mondoshop.co.za.
The gift voucher may not be used for any illegal transactions.
Misuse of the gift voucher constitutes fraud and may lead to prosecution.
This gift voucher may not be refunded, exchanged or sold for cash or credit.
Purchase authorisation will be declined if these terms and conditions are breached.
The amount registered on the gift voucher will not accrue any interest.
Exchange and/or return of merchandise purchased in whole or in part with the gift voucher will be governed by the procedures and policies of Mondo Shop and the applicable law.
At the time of any exchange or return, you must present both the merchandise receipt and the gift voucher confirmation/number.
South African Law governs these terms and conditions.
DISCOUNT VOUCHER TERMS AND CONDITIONS
These terms and conditions shall be applicable for a fixed discount, for example, a percentage discount, 10% (ten) percent off your purchase (“Discount Voucher”).
Mondo Shop may, from time to time, and in its sole discretion, offer a Discount Voucher to you which can be utilised for purchases of Products from www.mondoshop.co.za (the “Website”).
Discount Voucher may only be available to be used on the Website.
Discount Voucher may not be applicable to Products on sale or in conjunction with any special promotions on the Website.
Each Discount Voucher will include a voucher code which you can enter in the discount voucher field, provided in your shopping cart, to redeem such discount prior to completion of your purchase on the Website.
Each Discount Voucher can only be utilised once and only for 1 (one) order and for 1 (one) account holder.
Each Discount Voucher may be subject to additional terms and conditions which will displayed on such Discount Voucher.
Each Discount Voucher may have a validity date specifying by when the Discount Voucher must be used. Failure to redeem the Discount Voucher within the specified period shall result in the Discount Voucher being void. There will be no extensions in respect of voucher validity dates.
Mondo Shop reserves the right to cancel, correct, amend or reject a Discount Voucher for any reason whatsoever and entirely within Mondo Shop’s discretion. Furthermore, Mondo Shop may offer a Discount Voucher to a limited number of customers and accordingly a voucher code may not be active when you attempt to utilise such voucher code. In such an event, you cannot hold Mondo Shop liable for such discount which you may have earned had the Discount Voucher been utilised earlier.
Discount Voucher’s cannot be exchanged or refunded for cash or any credit and no customer has any right to receive a Discount Voucher.
Mondo Shop shall not be liable for any damage or loss which you, or any third party, may suffer as a result of any loss of Discount Voucher codes, unauthorised usage or distribution of any Discount Voucher.
In the event that the voucher code does not accurately reflect the discount when you are making payment, then please contact Mondo Shop Customer Care Centre to ascertain if the Discount Voucher is still valid. In the event that the Discount Voucher is valid, then you will be entitled to utilise the Discount Voucher on your next purchase, provided that the Discount Voucher remains valid, has not expired or been cancelled by Mondo Shop.
Should the Discount Voucher code be deleted and/or lost by you, Mondo Shop will not be liable for any reimbursement of any nature in respect of such loss.
You may, from time to time, be required to provide Mondo Shop with the original communication containing the voucher code together with such additional information which Mondo Shop may request from you.
Please note that the Discount Voucher may not be used to purchase any gift cards from the Mondo Shop website.
DELIVERY TERMS AND CONDITIONS
DELIVERY OF THE PRODUCTS
Subject to availability and receipt of payment, requests will be processed within 1-3 working days and delivery confirmed by way of email.
Deliveries will take place from Monday to Friday, within 2 (two) to 5 (five) business days from completion of check-out and/or successful payment on the Mondo Shop website, depending on the availability of the Customer.
Delivery is subject to stock availability.
We can ship to any physical address countrywide within South Africa; unfortunately, we can't ship to Post Office boxes.
No deliveries will be made on public holidays or during weekends. Orders placed on weekends or holidays are processed the following business day.
Should the customer's address change after the product was ordered, it is solely the customer’s responsibility to inform the Mondo Shop Customer Care team of their new address prior to dispatch of the order.
Should the customer place an order and after 2 (two) delivery attempts, the delivery is unsuccessful due to the customers availability, the order shall be cancelled and returned to the warehouse. The customer’s online account shall be credited with the purchase price of the product less the delivery fee charged.
All products sold with a warranty carry their full manufacturer's warranty (as stipulated by the official South African distributor).
Products under warranty are sent to the relevant supplier or manufacturer for repair or replacement. The product shall be assessed, and the product will either be approved for replacement or the customer shall receive a credit on their profile. The warranty covers manufacturing defects only and general wear and tear is specifically excluded.
Guarantees are immediately null and void if equipment has been tampered with, warranty stickers have been removed, and seals on equipment have been broken by anyone other than the suppliers or manufacturer’s representative.
We conform to the Consumer Protection Act (CPA) of South Africa and the Electronic Communications and Transactions Act of South Africa, whichever is applicable. If you have a change of mind and would like to return your purchase, you need to return the product within 7 (seven) days of receiving the goods. You may be charged a reasonable Courier fee as per paragraph 4.3.1.
If a product is faulty, you must let us know within 7 days of receiving it, and before returning it to us. We will gladly make arrangements for the faulty product to be returned to us for testing. If no fault is found, the product will be returned to you and double the courier fee will be charged for the collection and return of this product. Please note that our policy in respect of exchanges, returns and refunds depends on, inter alia, the type of goods and the policy of the manufacturer or the supplier thereof.
Should the product prove to be faulty, depending on the fault and the product supplier, we will send the product in for repairs or alternatively, we will offer you a replacement product.
Please check all products delivered to you and do NOT accept delivery of any product that is visibly damaged. Should you accept a product and only later discover that the product is damaged, you need to report this to Mondo Shop within 24 hours of delivery so that we can assess if the product damage occurred post-delivery.
Faults resulting from normal wear and tear, and products that have been damaged or altered in any way either by you or anyone that is not an employee of the product's manufacturer, will not result in any product repair, replacement or refund.
RETURNS - Non- defective Products- Right to “cool off”:
You are entitled to cancel the purchase of the product in terms of Section 44 of the Electronic Communications and Transactions Act within 7 (seven) working days after your receipt of the product to obtain a full purchase price refund, provided that:
it is undamaged and unused, with the original labels and stickers still attached.
it is in the original packaging, which must be undamaged and in its original condition with all seals still intact (if applicable).
it is not missing any accessories or parts.
you log a return on the Website within 7 days of delivery to you or collection by you of the unwanted product.
A return may be initiated by either going onto the customer online profile or contacting the Mondo Shop Customer Care team.
Once a return is initiated on the customer online profile, the courier will be dispatched to attend to the collection from the customer, however should the product not be ready for collection and/or the customer is not available to hand over the product. The collection will be cancelled, and the customer will be liable for the cost of the second attempt to collect the product.
Should the product be opened or used in any way; you may not return the product to us nor can we offer you a refund.
We will collect the product from you at no charge and an assessment will be conducted - if the assessment is approved, a credit (minus the original delivery fee) will be processed on your user-profile.
Our courier is entitled to refuse collection of a product that is not properly packaged for transport.
PRODUCTS SHIPPED IN ERROR
If you receive a product that is different from the one you ordered, you must either contact Mondo Shop via your online profile or the Customer Care team within 24 hours of receiving it. We will make arrangements for the product to be returned to us and for the correct product to be delivered to you as quickly as possible.
If an incorrect product is delivered to you, do not remove the product from its original packaging, open or use the product in any way. If the product is opened or used in any way, you will be liable for (100%) of the purchase price of the product, no return will be processed, and you will not be entitled to a credit thereof.
Under no circumstances will Mondo Shop be held liable for any damage arising from any misuse or abuse of our products, including any data loss whatsoever where storage media has been returned for exchange or repair.
GENERAL Please note that this website is owned and operated by Mondo Connect (Pty) Ltd, registration number 2014/125576/07 and which carries on business as inter alia a lead generator from its chosen domicilium citandi et executandi address and head office at 2 Ncondo Place, Umhlanga Ridge, Durban, Republic of South Africa.
Mondo Connect and its Directors and employees shall not be responsible and disclaims all liability for any loss, damage (whether direct, indirect, special or consequential) and/or expense of any nature whatsoever, which may be suffered as a result of or which may be attributable, directly or indirectly, to the use of, or reliance upon any information, links or service provided through this website.
Although Mondo Connect strives to present accurate and up-to-date information at all times, please note that contract services, features and quoted rates are set by the respective networks and are subject to change at their discretion without prior notice.