Terms and Conditions
The following Terms and Conditions contain assumptions of risk and/or liability by you and limit and exclude liabilities, obligations and legal responsibilities which Cell Bar will have towards you and other persons. In addition to the aforegoing, these Terms and Conditions also limit and exclude your rights and remedies against Cell Bar and place various risks, liabilities, obligations and legal responsibilities on you. These Terms and Conditions may result in you being responsible for paying additional costs and amounts and Cell Bar may also have claims in law and other rights which it may enforce against you.
To the extent that the Terms or any goods or services provided under the Terms and Conditions are governed by the Consumer Protection Act, 2008 (the “Consumer Protection Act”), no provision of the Terms and Conditions is intended to contravene the applicable provisions of the Consumer Protection Act, and therefore all provisions of the Terms and Conditions must be treated as being qualified, to the extent necessary, to ensure that the applicable provisions of the Consumer Protection Act are complied with.
Use of this website will govern your relationship with Cell Bar and will constitute your agreement to comply with these Terms and Conditions. If you do not agree with these Terms and Conditions, please do not use this website.
Cell Bar and its affiliates provide their services to you subject to the following conditions.
Please read them carefully. In addition, when you use any current or future Cell Bar service or visit or purchase from any business affiliated with Cell Bar, whether or not included in the Cell Bar website, you also will be subject to the Terms and Conditions applicable to such service or business.
CAPACITY TO CONTRACT
You hereby warrant to Cell Bar that you have the required legal capacity to enter into and be bound by a contract, that is, you must be 18 (eighteen) years or older. If you are the age of 18 and over, you may browse and purchase Products from this Website.
Minors (that is, a person under the age of 18) must be assisted by their legal guardians when reading these Terms and Conditions. If you are unsure whether you have the legal capacity to enter into contracts, please ask someone to assist you with this information before continuing to use this Website.
Minors may only browse on this Website. Should you, as a minor, wish to purchase any Products from this Website, your legal guardian must do so on your behalf.
Any purchase/s made by an unassisted minor may be cancelled or enforced at the instance of Cell Bar, at it’s own discretion, in accordance with what is contained herein below.
When you visit Cell Bar or send e-mails to us or communicate via voice transfer methods, you are communicating with us electronically. You consent to receive communications from us electronically.
We will communicate with you by e-mail or by posting notices on this site or via voice transfer methods. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, and in terms of the Electronic Communications and Transactions Act 25 of 2002, as amended from time to time (“ECTA”).
All content included on this site including these Terms and Conditions, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Cell Bar or its content suppliers and protected by South African and international copyright laws. The compilation of all content on this site is the exclusive property of Cell Bar and protected by South African and international copyright laws. All software used on this site is the property of Cell Bar or its software suppliers and protected by South Africa and international copyright laws.
BEHAVIOUR LICENSE AND SITE ACCESS
You may not use this Website to obtain or distribute:
Hyperlinks and copyrighted material of any nature whatsoever protected by laws relating to Intellectual Property rights without the written permission of Cell Bar. Hyperlinks provided on this Website to non-Cell Bar sites are provided on an “as is” basis and Cell Bar does not necessarily agree with, edit or sponsor the content on such web pages. Material which is defamatory, unlawful or contains hate speech; or Bulk e-mail, whether solicited or unsolicited.
You are strictly prohibited from using this Website for spoofing, hacking, flaming, cracking, phishing or spamming; and/or any other malicious behaviour.
You may not intercept any information transmitted to or from Cell Bar or this Website which is not intended by Cell Bar to be received by you.
Cell Bar grants you a limited license to access and make personal use of this Website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Cell Bar. This license does not include any resale or commercial use of this site or its contents.
This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Cell Bar. You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Cell Bar and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilising Cell Bar name or trademarks without the express written consent of Cell Bar. Any unauthorised use terminates the permission or license granted by Cell Bar as aforesaid. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of Cell Bar so long as the link does not portray Cell Bar, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.
YOUR ACCOUNT AND REGISTRATION
Cell Bar requires that all users register their details on this Website in order to purchase any Products.
Cell Bar shall use all reasonable endeavours to protect your information submitted on this Website.
You agree that:
1. You will keep your username and password safe, and will not share them with anyone;
2. You will not pass yourself off as someone else or create multiple, false accounts.
3. You acknowledge and accept that you are responsible for the correctness and accuracy of all information provided during the registration process.
4. You are responsible for keeping your registration information confidential and for any activity on your account. If you suspect a breach of this security you have to inform
Cell Bar, without delay and on receipt, Cell Bar may reject any orders not yet executed and deactivate your access codes and account. Cell Bar will not be responsible for any losses suffered by you due to the unauthorised use of your account.
Customers who wish to deregister their Website account are required to contact Cell Bar support line or email support.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. Cell Bar reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Cell Bar and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Cell Bar and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Cell Bar or its affiliates for all claims resulting from content you supply. Cell Bar has the right but not the obligation to monitor and edit or remove any activity or content. Cell Bar takes no responsibility and assumes no liability for any content posted by you or any third party.
PRODUCT DESCRIPTIONS AND ILLUSTRATIONS
Cell Bar and its affiliates attempt to be as accurate as possible. However, Cell Bar does not warrant that product descriptions or other contents of this site is accurate, complete, reliable, current, or error-free. If a product offered by Cell Bar itself is not as described, your sole remedy is to return it in unused condition, in accordance with the Returns Policy.
A product will not be eligible for return should an undesired specification not be met, or should the contents of the box not match that of a different supplier. The customer must enquire as to the stock availability and specifications of a product before making a purchase – and as such in the case of stock/detail/specification confirmation by Cell Bar, the customer must specify the respective details to be supplied.
IMPORTED / BRANDED PRODUCTS
Cell Bar supplies not only locally-sourced products, but in other instances internationally-sourced products, commonly known as imported products, grey imports, or grey products. Official distributors located within South Africa are not obliged to honour the warranty of internationally-sourced products. Cell Bar will be responsible for honouring the warranty directly. Refer to the Warranty Policy below for more information.
Certain products may be branded by a certain carrier or distributor, for example, the boot-screen will include the logo of the respective carrier the product was sourced from.
Delivery – Essential Reading
Delivery is subject to payment receipt and stock availability by Cell Bar. Customers are liable for costs and fees associated with delivery – including optional insurance where necessary. You must not make any purchase through this site unless you understand and agree all our terms and conditions. Once an order is placed with or at Cell Bar, it is deemed that you have read and understood the terms and conditions for any such purchase.
Delivery – Methods (within South Africa)
Cost – R150 for the first item
Description – Delivered to your physical address.
ETA – Usually 1-4 business days from date of dispatch. Deliveries are made between 08:00 – 17:00.
Delivery is insured for any single order in total of R5000.00 or less.
If the order total amounts to more than R5000.00, the customer is provided the option of adding Optional Insurance charged at 1% of the order total. Should Optional Insurance not be taken by the customer in this case, any loss, theft or damage or compromise of the contents of the order during transit will be the sole responsibility of the customer. Cell Bar and/or the courier utilised will not be liable for any such compromise.
Cell Bar specialises in the supply of Mobile Phones and Tablet PCs – and as such Cell Bar endeavours to maintain a constant level of stock-availability on-hand. In the instance where an accessory (e.g. Screen Protector, Protective Case) is ordered alongside a Mobile Phone or Tablet PC – delivery times may vary as Cell Bar keep stock of accessories on-hand. All accessories are supplied by local distributors. In the event that an accessory is out of stock from the suppliers, the client will be notified immediately upon the unavailability coming to Cell Bar knowledge and the customer will be given the option of being delivered what is available on the order placed and refunded for what could not be made available, or the customer will be offered a refund for the full order if this is what the customer desires. Alternatively, Cell Bar will also compile a relevant list of similar accessories that are available, and the customer could opt for the alternative accessory. The difference in price would mean that – if lower than the original accessory ordered, a refund will be processed for the difference – and if higher than the original accessory ordered, the customer will be required to advance a payment for the difference.
Warranty Terms – General information of warranty
Cell Bar provides a 12 (twelve) month Limited Warranty (subject to the limitations described below) on all products sold by Cell Bar.
If a product supplied by Cell Bar becomes faulty or malfunctions within the first 7 (seven) days of the product being in possession of the customer or receiver on behalf of the customer, Cell Bar will, at the cost of Cell Bar collect and either refund the customer in full or supply a brand new replacement – provided the collection and redelivery location is within South Africa. A refund will only be granted once the product/s including packaging and originally-included/supplied accessories and/or equipment is received by Cell Bar. Any replacement will remain the sole and exclusive property of Cell Bar until the product/s being replaced has been received by Cell Bar included with all packaging and originally-included/supplied accessories and/or equipment.
If a product supplied by Cell Bar becomes faulty after the first 7 (seven) days of the product being in possession by a customer or receiver on behalf of the customer, the customer must, at the cost of the customer return the product to Cell Bar to redeem the warranty and must, at the cost of the customer collect the repaired or replaced product from Cell Bar once instructed.
Customers are responsible for backing up all data recorded on or within products bought from Cell Bar. Cell Bar will not be responsible for data and/or information loss incurred by but not limited to a product becoming faulty or malfunctioning of any sort. Customers must not include in any return, their own equipment and/or accessories not originally-included/supplied by Cell Bar. Cell Bar will not accept any responsibility for loss or non-return of such articles.
Cell Bar requires that a customer print, fill in and sign a Warranty Form. Form will be emailed to the email address that was used during registration when making a purchase.
Warranty Terms – Limitations of warranty
Factors that are limited by the 12 (twelve) month Limited Warranty
1. wear and tear following 90 (ninety) days after delivery of a product by Cell Bar, and/or
2. keyboard, keypad or tactile hardware performance, usability and aesthetics following 90 (ninety) days after delivery of a product by Cell Bar, and/or
3. battery/power/energy life and efficiency following 90 (ninety) days after delivery of a product by Cell Bar.
Warranty Terms – Void Warranty
Factors that would deem device warranty void on any and/or all products
a. Physical damage, and/or
b. Liquid damage, and/or
c. Unauthorised repair, and/or
d. Downloading of illegal software, and/or
e. Non-manufacture approved accessories, and/or
f. Any indication of customer-negligence, and/or
g. Acts of God / Natural Disasters.
Warranty Terms – Locally-sourced and Internationally-sourced products
In the instance where a product supplied to a customer was sourced by Cell Bar from official local distributors, such as, but not limited to local network carriers or agents, the warranty may in some instances be redeemable and honoured with the local network carriers or agent. The customer will be instructed to return the product to the nearest preferred distributor or agent to receive warranty services. Any local network carrier or agent may refuse to honour any such warranty for reasons exclusive to any such local network carriers or agents. In the instance a local network carrier or agent refuses to warranty a product sourced from the respected local distributor or agent for the reason but not limited to the fact that the product in question was not purchased directly from them by the customer – the warranty is redeemable and honoured only by and with Cell Bar and must be returned to Cell Bar.
In the instance where a product supplied to a customer was sourced by Cell Bar from international distributors, such as but not limited to international network carriers or agents, the warranty is redeemable and honoured only by and with Cell Bar directly and must be returned to Cell Bar.
RETURNS AND REFUNDS POLICY
Returns and Refunds Terms – Essential Reading
You must not make any purchase through this site unless you understand and agree all our terms and conditions. Once an order is placed with or at Cell Bar, it is deemed that you have read and understood the terms and conditions for any such purchase.
The provision of goods and services by Cell Bar is subject to availability. In case of unavailability, Cell Bar will refund the client in full within 7 business days if in such time availability could not be made possible.
Cell Bar will refund a customer in full for products purchased and returned within 10 business days of the product being received by the customer.
The delivery costs and/or associated fees of the return of a product will be the liability of the customer returning the product.
Any product returned in this instance must be unopened, unused and unscathed in any way.
Any refund processed in this instance WILL NOT include delivery costs and/or associated fees. You will only be refunded for the purchased-price of the products.
Cell Bar requires that a customer print, fill in and sign a Return Form. Form will be emailed to the email address that was used during registration when making a purchase.
DISCLAIMER AND LIMITATION OF LIABILITY
Your use of this Website and reliance on any Products or services available on this Website offer is entirely at your own risk. This Website, including all Products, is provided “as is” and Cell Bar will not be liable for any unavailability, interruption, downtime, malfunction, or failure of this Website for any reason whatsoever.
Cell Bar does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed on, linked to or distributed through this Website. You acknowledge that any reliance upon any such opinion, advice, statement or information shall be at your sole risk. Cell Bar reserves the right, in its sole discretion, to correct any errors or omissions in any portion of this Website and the Products listed herein.
Calculations provided on this Website are for indicative values only and Cell Bar shall not be responsible or liable for any inaccuracies or miscalculations arising out of defects or incorrect use.
Subject to the provisions of ECTA and to the fullest extent permissible by law, Cell Bar disclaims all warranties of any kind, whether express or implied, including without limitation to the implied warranties of merchantability or fitness for a particular purpose, in respect of this Website.
Whilst Cell Bar takes reasonable precautions in its operation of the Website, neither Cell Bar nor its agents or representatives will assume any responsibility and neither Cell Bar nor its agents or representatives (in whose favour this constitutes a stipulatio alteri) shall be liable for any damages to or for viruses that may infect your computer equipment or other property on account of your access to, use of or browsing of this Website or your downloading of any materials, data, text images, video or audio from this Website. Any material downloaded or otherwise obtained through the use of this Website is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
You agree that under no circumstances whatsoever, including as a result of Cell Bar’s negligent (including grossly negligent) acts or omissions or those of its servants, agents or contractors or other persons for whom in law Cell Bar may be liable, shall Cell Bar or its servants, agents or contractors or other persons for whom in law Cell Bar may be liable (in whose favour this constitutes a stipulatio alteri) be liable for any indirect, extrinsic, special, penal, punitive, exemplary or consequential loss, damage or damages of any kind whatsoever or howsoever caused (whether arising under contract, delict or otherwise and whether the loss was actually foreseen or reasonably foreseeable), including but not limited to any loss of profits, loss of revenue, loss of operation time, corruption or loss of information or data and/or loss of contracts sustained by you, your directors, servants, dealers or customers, resulting from your use of or inability to use the Website or the Website Material.
DESCRIPTION OF GOODS OR SERVICES
Cell Bar is a business in the ELECTRONICS industry that markets and sells ELECTRONICS.
The offering on this website is available to South African customers and a limited list of other Southern African customers mentioned in the Delivery Policy within the terms and conditions.
Cell Bar shall take all reasonable steps to protect the personal information of users and warrants not to directly supply any such personal information to third-parties or non-affiliated organisations.
Payments are to be made via bank transfer into the Cell Bar Online Stores bank account, the details of which will be provided automatically should you create an order.
MERCHANT OUTLET COUNTRY AND CURRENCY
The merchant outlet country at the time of presenting payment is South Africa. Transaction Currency is South African Rand (ZAR).
Cell Bar 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. Cell Bar takes responsibility to uphold all policies of the Consumer Protection Act of South Africa – and should any customer or third-party find that Cell Bar is not upholding this act in a legal and fair manner – please bring this to the attention of Cell Bar.
COUNTRY OF DOMICILE AND GOVERNING LAWS
This Website is hosted, controlled and operated from the Republic of South Africa. The parties agree that these Terms and Conditions shall be governed by and construed and interpreted in accordance with the laws of the Republic of South Africa. To the extent that a Magistrates Court has jurisdiction over any matter between the parties arising out of or in connection with these Terms and Conditions, the parties submit themselves to the jurisdiction of the Magistrates Courts of the Republic of South Africa.
Cell Bar 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.
AMENDMENTS AND VARIATIONS
These Terms and Conditions shall commence from the date on which they are published on this Website and continue indefinitely. Cell Bar reserves the right, in its sole discretion, to amend (including without limitation, by the addition of new terms and Conditions) these Terms and Conditions, at any time and from time to time and/or terminate these Terms and Conditions in its entirety and/or cease the operation of this Website at any time, with notice to you and with no liability or recourse to you.
Any such amendments shall come into effect immediately and automatically. It is your responsibility and you undertake to visit this Website to review these Terms and Conditions regularly, prior to use of this Website for any such amendments.
In the event that you are unsatisfied with any of the Terms and Conditions, kindly refrain from using and/or placing any orders on this Website.
These Terms and Conditions, together with all documentation referred to herein, constitute the whole agreement between you and Cell Bar relating to your access to and use of this Website.
No indulgence, extension of time, waiver or relaxation of any of the provisions or terms of these Terms and Conditions which Cell Bar may show, grant or allow you shall operate as an estoppel against any party in respect of its rights under these Terms and Conditions nor shall it constitute a waiver by Cell Bar of any of Cell Bar rights and Cell Bar shall not thereby be prejudiced or stopped from exercising any of its rights against you which may have arisen in the past or which might arise in the future.
This website is owned and run by Cell Bar (Pty) Ltd (Registration Number 2010/14442/23, a Company duly registered and incorporated in accordance with the laws of the Republic of South Africa trading as Cell Bar.
Support Email: email@example.com
Support Tel: 011 826 3404