Introduction
This website can be accessed at https://choosetobuy.co.za, (the “Website”) and is owned and operated by Consultants (Pty) Ltd t/a Choose to Buy (“Choose to Buy”, “we”, “us” and “our”).
These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods and services, 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 clicking on the “Register Now” button on the Website, 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 goods including technology products, consumer electronics, TVs, gaming products, and more (“Goods”).
When you use our Website, notwithstanding your geographic location, you do so in accordance with these Terms and Conditions and provided that any delivery address, including for returns collections, is a delivery address within the borders of the Republic of South Africa.
Important Notice
These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –
may limit the risk or liability of Consultants (Pty) Ltd t/a Choose to Buy or a third party; and/or may create risk or liability for the user; and/or a third party may compel the user to indemnify Consultants (Pty) Ltd t/a Choose to Buy 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 Choose to Buy 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 Choose to Buy in terms of the CPA.
Choose to Buy 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.
Returns & Refunds
Please refer to our Returns & Refunds Policy for more information about returning products (and related refunds, replacements or repairs). The Returns Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).
Registration and Use of the Website
Guests and registered users (recommended) may order Goods and services on the Website. To register as a user, you must provide a unique username (or email address), password and provide certain information and personal details to Choose to Buy. You will need to use your unique username (or email address) and password to access the Website to purchase Goods or services (unless checking out as a Guest). You agree and warrant that your username (or e-mail address) 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 (or email address) and password whenever ordering goods or services, failing which, you will be denied access.
You agree that, once the correct username (or e-mail address) and password relating to your account have been entered, irrespective of whether the use of the username (or email address) and password is unauthorised or fraudulent, you will be liable for payment of such order, save where you cancel the order under these Terms and Conditions.
You agree to notify Choose to Buy immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username (e-mail address) 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 full legal capacity. If you are under the age of 18 (eighteen) or are not legally permitted to enter into a binding agreement, 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 Choose to Buy 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 Choose to Buy representative.
Conclusion of Sales and Availability of Stock
Registered users may place orders for Goods, which Choose to Buy may accept or reject. Whether or not Choose to Buy accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including, without limitation, the price) and receipt of payment or payment authorisation by Choose to Buy for the Goods.
NOTE: Choose to Buy will indicate the acceptance of your order by delivering the Goods to you or allowing you to collect them, and only at that point will an agreement of sale between you and Choose to Buy come into effect (the “Sale”). This is regardless of any communication from Choose to Buy stating that your order or payment has been confirmed. Choose to Buy will indicate the rejection of your order (by Choose to Buy itself) by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
Prior to delivery or your collection of the Goods, 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 Goods, you may return the Goods only under the Returns Policy. Any order of a television will be subject to the condition that we obtain from you your valid TV licence number and your account holder ID.
If we do not receive your TV licence number and your account holder ID, or your TV licence number cannot be validated, you will not be able to check out with the television in your shopping cart.
Placing Goods in a wishlist or shopping cart without completing the purchase cycle does not constitute an order for such Goods, and as such, Goods may be removed from the shopping cart if stock is no longer available or the price thereof might change without notice to you.
You cannot hold Choose to Buy liable if such Goods are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.
You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. Choose to Buy 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 (as items are housed within our distributor or supplier warehouse(s). When Goods are no longer available after you have placed an order, Choose to Buy will notify you and you will be entitled to a refund of any amount already paid by you for such Goods.
Certain Goods may not be purchased for resale. Should we suspect that any such Goods are being purchased for sale, we are entitled to cancel your order immediately on notice to you.
Ordering & Payment Options
All orders placed on the Choose to Buy website must have a minimum total value of R399, including delivery charges. Orders below this amount will not be processed. For orders exceeding R999, Choose to Buy may offer free delivery, subject to the conditions outlined in this section. Choose to Buy reserves the right to amend minimum order value and free delivery offers at its discretion, with any changes reflected in the updated Terms and Conditions.
We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
Payment may be made for Goods via the following methods (depending on their availability and/or your eligibility to use such a method)–debit card; where payment is made by debit card, we may require additional information 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 for your order for the goods will be cancelled.
You warrant that you are fully authorised to use the debit card supplied for purposes of paying for the Goods. You also warrant that your debit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;
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 for your order for the Goods will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying for the Goods. 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;
direct bank deposit or electronic funds transfer (EFT): if you pay via direct bank deposit or electronic funds transfer, payment must be made within 1 (one) day of placing your order. Choose to Buy will not accept your order if payment has not been received.
Instant EFT (either by Payfast or Yoco); Mobicred; RCS (Powered by Payfast); and other payment methods like Apple Pay or Samsung Pay and QR Code Payments: Capitec Pay, Zapper, SnapScan, Scan To Pay, etc.
The above payment options are explained in more detail in our Ways To Pay/Payment Methods/Terms page (please read our Payment Terms & Conditions). You may contact us via telephone or e-mail to obtain a full record of your payment. We will also send you email communications about your order and payment.
Once you have selected your payment method (save for direct bank deposit), you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.
Delivery of Goods
Choose to Buy offers 2 (two) methods of delivery of Goods to you. You may elect delivery via:
courier; or collection/curbside pickup (in rare cases or circumstances).
For more delivery information, please see our Shipping & Delivery Policy, which is 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 Shipping & Delivery Policy for the most up-to-date information. You will see the applicable delivery charges in your cart when you check out. Where it accepts your order, Choose to Buy will deliver the Goods to you as soon as reasonably possible, but no later than 14 (fourteen) days of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within 7 (seven) days of receiving such notification, elect whether or not to cancel your order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase price.
Choose to Buy’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.
Choose to Buy 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.
Errors and Omissions
We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we 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.
Choose to Buy shall not be bound by any incorrect information regarding our Goods displayed on any third-party websites.
or the email address nominated by you.
Privacy Policy
We respect your privacy and will take all reasonable measures to protect it, as more fully detailed in our Privacy Policy, which is incorporated by reference.
Changes to Terms and Conditions
Choose to Buy 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.
Electronic Communications
When you visit the Website or send emails to us, you consent to receiving communications from us or any of our divisions, affiliates or partners electronically under our privacy policy.
Ownership and Copyright
The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of Choose to Buy, its advertisers and/or sponsors and/or is licensed to Choose to Buy.
You will not acquire any right, title or interest in or to the Website or the Website Content.
Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law.
Where any of the Website Content has been licensed to Choose to Buy or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
Disclaimer
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 Choose to Buy takes reasonable measures to ensure that the content of the Website is accurate and complete, Choose to Buy 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 Choose to Buy representatives, Choose to Buy shall not be bound thereby.
Choose to Buy 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 Goods 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.
Any views or statements made or expressed on the Website are not necessarily the views of Choose to Buy, its directors, employees and/or agents.
In addition to the disclaimers contained elsewhere in these Terms and Conditions, Choose to Buy 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 can 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 Choose to Buy, its employees, agents or authorised representatives. Choose to Buy 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.
Third-Party Websites
This website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites, and Choose to Buy is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.
Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third Party 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 Third Party Websites or your reliance on any information contained thereon.
Limitation of Liability
Choose to Buy 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 Choose to Buy, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by our e-mailing us at hello@choosetobuy.co.za
CHOOSE TO BUY 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 CHOOSE TO BUY 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.
Availability and Termination
We 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.
Choose to Buy may, in its sole discretio,n terminate, suspend and modify this Website, with or without notice to you. You agree that Choose to Buy will not be liable to you if 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.
If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.
Choose to Buy is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website and/or have created multiple user profiles to take advantage of a promotion or Coupon intended by Choose to Buy to be used once-off by you, to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and Choose to Buy, in whole or in part, on notice to you.
Choose to Buy shall only be liable to refund monies already paid by you (see Choose to Buy Returns & Refunds Policy in this regard), and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.
At any time, you can choose to stop using the Website, with or without notice, to Choose to Buy.
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 Choose to Buy for the Sale of goods, you agree that the Sale occurs in Gauteng l and 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 these Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
Notices
Consultants (Pty) Ltd t/a Choose to Buy hereby selects 109 Corlett Drive, Illovo, Gauteng, 2196, Republic of South Africa, as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). Choose to Buy may change this address from time to time by updating these Terms and Conditions. You hereby select the delivery address specified with your order as your legal address, but you may change it to any other physical address by giving Choose to Buy not less than 7 days’ notice in writing.
Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent – by hand will be deemed to have been received on the date of delivery; by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
by telefax before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the telefax. All telefaxes sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day; and
by email will be deemed to have been on the date indicated in the “Read Receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTION to serve as proof that an email has been received.
Complaints
If you have a complaint about the goods or services provided by us or require information regarding our internal complaints-handling process, please get in touch with us via hello@choosetobuy.co.za or you can call: +27 (0) 61 581 6475 or WhatsApp: +27 (0) 657162310
If we are unable to resolve your complaint to your satisfaction or we cannot resolve your complaint within 15 (fifteen) business days of you having notified us of it, you can approach the Consumer Goods and Services Ombud (“CGSO”) to assist in resolving the complaint. The CGSO’s contact details are: Website: http://www.cgso.org.za/ Sharecall: 0860 000 272 Email: complaints@cgso.org.za
General Provisions
For the purposes of the ECT Act, Choose to Buy’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:
Full name: Consultants (Pty) Ltd t/a Choose to Buy, a private company registered in South Africa with registration number 2024 / 012038 / 07 Main business: Online retailer of technology products and consumer electronics Physical address for receipt of legal service (also postal and street address): 11 Rudd Road, Illovo, Gauteng, 2196, Republic of South Africa Office bearers: Msizi Mlaba (Managing Director) Phone number: +27 (0) 61 581 6475 Email address: hello@choosetobuy.co.za PAIA: The manual published in terms of section 51 of the Promotion of Access to Information Act 2000 may be downloaded from our website (once available).