Free delivery and collection on all orders.
Terms & Conditions
1. These Terms and Conditions are binding and enforceable against every person ("you" or "your") that accesses or uses this Website and/ or purchases products from HighlyGadgets.
This website can be accessed via HighlyGadgets or HighlyGadgets-related mobile sites and software applications (the HighlyGadgets) and is owned and operated by the "HighlyGadgets".
By using the Website and by clicking the "I Accept" button on the Website, as applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the "CPA") and your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
If there is any provision in these Terms and Conditions that you do not understand, you may click on the "Contact Us" link and request that HighlyGadgets 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 HighlyGadgets in terms of the CPA.
HighlyGadgets permits the use of this Website subject to these Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to these Terms and Conditions.
2. 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. You also agree that all content 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 (the "Content") belongs to HighlyGadgets and you shall not therefore in any way use any robot, spider, other automatic device, or manual process to monitor, copy, reverse engineer, distribute or modify the Website or the information contained herein, without the prior written consent from HighlyGadgets.
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 HighlyGadgets.
Adding an item to a cart does not reserve the product. While shopping, products may become unavailable due to ongoing purchases and, as a result, may be removed from your cart to avoid checking out a unit that is no longer in stock.
3. When you place an order for a product, your order is subject to product availability. You acknowledge that stock of all products on the Website and at any store is limited and that pricing may change at any time without notice to you. HighlyGadgets will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, offers thereof are removed from the Website. HighylyGadgets cannot guarantee the availability of stock. If you order a product on the Website or any Store and that product is no longer available after payment, HighlyGadgets will notify you, and you will be entitled to a refund of any amount already paid by you for such products.
HighlyGadgets will indicate the acceptance of your order by delivering the goods or allowing you to collect them. Only then will an agreement of sale between you and HighylyGadgets be established. This is irrespective of any confirmation from HighlyGadgets regarding your order or payment. If your order is rejected, HighlyGadgets will cancel it and refund any amount already paid.
Before delivery or your collection of the products you ordered, you may cancel an order at any time, provided you do so before receiving a dispatch notice e-mail from HighlyGadgets. After delivery or your collection of the products, you may return such products only in accordance with the HighlyGadgets Returns Policy.
Before you make a payment on the Website, you will have the opportunity to review any order for products that you have ordered.
You may pre-order products that are newly launched prior to availability on the Website.
Pre-Orders can only be secured by making a full payment or partial payment as may be set out on this Website or as may be advised by a HighlyGadgets representative in the Store.
HighlyGadgets will endeavour to ensure that pre-orders are fulfilled as soon as stock is available; however, on occasion, there may be delays due to supply constraints.
You may cancel your pre-order before collection or delivery, and HighlyGadgets will refund the amount you paid to secure the product.
Changes made to product selection for a pre-order may result in fulfilment delays.
When you place an order for a product, your order is subject to product availability. You acknowledge that stock of all products on the Website and at any Store is limited and that pricing may change at any time without notice to you. HighlyGadgets will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, offers thereof are removed from the Website. HighlyGadgets cannot guarantee the availability of stock. If you order a product on the Website or any Store and that product is no longer available after payment, HighlyGadgets will notify you, and you will be entitled to a refund of any amount already paid by you for such products.
Before you make a payment on the Website, you will have the opportunity to review any order for products that you have ordered.
You may pre-order products that are newly launched prior to availability on the Website.
Pre-Orders can only be secured by completing the upgrade and full payment as set out on this Website or as may be advised by a HighlyGadgets representative in the Store.
HighlyGadgets will endeavour to ensure that pre-orders are fulfilled as soon as stock is available; however, on occasion, there may be delays due to supply constraints.
Please do note that partaking in the Pre-Order contract and completing your upgrade, your cellular network provider may start billing you for this new contract before the device is delivered to you.
You may cancel your pre-order contract before collection or delivery, and HighlyGadgets will refund the amount you paid to secure the product. This cancellation request has to take place within 30 days of your contract start or upgrade date, as per the agreement with the Cellular Network. Any cancellation request made by the customer after the 30-day (from activation or upgrade date) window period, the customer is liable for the full contract cancellation cost as stipulated by their Cellular Network Provider.
To keep the waiting list fair for all our customers, we have put the following rules in place;
First-come, first-served - The waiting list will be run centrally, and stock will be allocated on a first-come, first-served basis.
Pricing - Please note that due to the fluctuating exchange rate, we cannot confirm that pricing will remain the same by the time your product is available to be purchased. There is a chance that it may increase or decrease at the time of purchase. In order to secure the current pricing, please place a pre- or back-order on www.highlygadgets.com. Please note that this is only available for cash purchases.
The Alert List is managed through the HighlyGadgets app. All updates for your selected product will be provided through in-app notifications. Please ensure the in-app notifications are on, within your app settings. Products are sold on a first-come, first-served basis and won't be reserved per individual alert.
If you'd like to be kept up to date about when a product comes back in stock, you can easily request the notification on the website product pages. Please bear in mind that when you receive the notification, other customers will also have received the alert, and so stock may run out quickly, depending on demand. Please also bear in mind that by signing up for a stock alert, this doesn't secure a price. Pricing may change from when you initially set the alert to when the stock becomes available.
4. HighlyGadgets undertakes to process and use Subscriber Personal Data only for the purpose for which it has been collected and undertakes that this processing must be carried out in accordance with any notice, consent or other requirement which may be required by any applicable law from time to time.
Contract applications are processed in line with each network operator's rules of engagement. Products must be insured to the full replacement value.
The device/s selected is/are the choice of the customer, and that the/their features, capacity, colour and functionality are relevant to a customer's needs.
The subscription (price plan) selected is the choice of the customer, and the conditions and billing of the subscription and its benefits in terms of airtime, voice minutes, SMS's and Data have been explained, including any monthly billing, bundles and once-off charges.
Products acquired through a contract application via HighlyGadgets will be subject to the standard HighlyGadgets returns and repairs policy.
The device taken out, on a contract basis, is only returnable based on technical faults as determined by an Authorised Service Centre (of which HighlyGadgets is one).
International Roaming may be subject to a deposit, paid to the selected Network Operator.
FUP (Fair Usage Policy) may apply to my contract.
VAS (Value added Services) or insurance amendments applicable to the contract and device/s must be done by the customer by contacting the relevant entity.
It is the responsibility of the customer to insure the newly contracted device.
A standard activation/upgrade fee may be applicable to facilitate an application.
All Network Provider terms and conditions apply. To view the full set of these, please visit the following websites.
Vodacom: https://www.vodacom.co.za/vodacom/terms/terms-and-conditions?icmp=Home/Footer/TermsAndConditions
MTN: Terms & Conditions https://www.mtn.co.za/home/terms-and-conditions
Telkom: Terms & Conditions https://group.telkom.co.za/regulatory/terms-and-conditions-general.html
Key terms related to:
New Line:
* Billing is done on a Pro-Rata basis in the 1st month from the moment that my new line is activated.
Port:
* Once a number port request has been completed, all accumulated airtime, voice (minutes), SMS's and Data on the old SIM and network will be forfeited.
* A customer will have to provide the current network provider 30 days' notice to port out of their network, and that this can only happen once the full contract term with the current network provider has reached finality.
Upgrade:
* For early upgrades, there may be financing outstanding on a previous contract and this outstanding finance will be added/settled upfront onto a new contract until it is settled in full.
You will be able to make use of the following means of payment for any of the HighlyGadgets products:
Cash in South African Rands (EFT online)
Debit Card
Credit card
Discovery Miles
Mobicred (online only)
Payflex (online only)
Float (online only)
Pay by Bank (online only)
HighlyGadgets takes extensive steps to ensure that all transactions are secure. All transactions made through the Website are encrypted. You acknowledge that transactions that are performed over the internet may be vulnerable to being intercepted. HighlyGadgets will not be liable for any loss that you may suffer as a result of any interception.
Where payment is made by credit card, HighlyGadgets may require additional information in order to authorize 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 authorization is obtained by us for the amounts. If we do not receive authorization your order for the products will be cancelled. You warrant that you are fully authorized to use the credit card supplied for the 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.
HighlyGadgets reserves the right at any time and without giving you any advance notice to make changes to the prices of goods and to correct any pricing errors that may inadvertently occur.
Some products are not necessarily available in all stores, and the prices on this Website may vary in-store from time to time. HighlyGadgets cannot guarantee that any particular product will be available at the price displayed on this website in-store.
Payflex
To apply for your Payflex account, select Payflex as your payment method at checkout, provide your ID number, cellphone number, and email address, and Payflex will assess your application. Make sure that all these details are correct and only belong to you.
Payflex does not guarantee acceptance to the Pay-Later Service and reserves the right to decline your request for the Pay-Later Service at its sole discretion, even if you have previously used the Pay-Later Service and paid your instalments in full and on time for other transactions.
In order to be eligible to use Payflex as a payment method, you are required to be over the age of 18, have a South African-issued Visa or Mastercard debit, cheque, or credit card, currently reside in South Africa and have a good credit history.
Payflex will require the first payment to be paid upfront, and your goods will be delivered as per our existing delivery times for your region. After that, the next three (3) payments will be deducted every two (2) weeks, over six (6) weeks, through an automatic debit from your bank card. So, make sure to have funds in your account on that date to honour the payment and avoid any late fees.
If the price of the product you want to purchase is more than the spending limit Payflex has given you, this is considered a “Heavy Basket”. In this scenario, you will pay the full excess amount that is above what you qualify for from Payflex upfront as the first instalment, and the spend limit that you have qualified for will be split over the last 3 instalments.
For example, if your spending limit is R3000.00 and you wish to buy something for R10,000, your instalments would be as follows:
Payment 1: R7,000.00
Payment 2: R1,000.00
Payment 3: R1,000.00
Payment 4: R1,000.00
The Payflex instalment displayed on the website is illustrative only and assumes your spend limit is sufficient to cover the full cost of the product to be purchased.
No fees or interest will be charged in respect of the Instalment Plan, provided that all Instalment Payments are paid in accordance with the Instalment Plan. Payflex may charge default interest on any overdue amount (excluding Default Fees) once the Instalment Plan is deemed to be an incidental credit agreement in accordance with the NCA.
The maximum you can spend with Payflex depends on your individual Payflex assessment.
You can use any Visa, Mastercard, American Express (debit, credit, or cheque) to make a Payflex payment.
You are liable for any fees or costs that your bank may charge you when payment is made using your Card.
You can make a manual payment at any time by logging in to your Payflex customer portal.
Float is a checkout payment solution that enables shoppers to split purchases into interest-free, fee-free monthly instalments.
Customers can only use their existing Visa or Mastercard credit card. Debit Cards will not be accepted.
Credit is solely dependent on funds available in your Visa or Mastercard credit card.
Float does not impose a further minimum or maximum order value.
Payment terms will range between 2 and 6 months for products purchased on the HighlyGadgets website.
Float may place a pre-authorisation (also known as a “reserve”) as a temporary hold against the credit you have available to spend on your credit card. This is not a charge and is interest-free.
Float is available as a payment method for purchases made both online and in-store.
The float payment method cannot be used to purchase any of the iPhone devices.
All returns and refunds are to be processed using the existing HighlyGadgets returns policy. Once finalized, Float will adjust your instalment plan or refund money to you accordingly based on the existing policy.
5. When you order the products off the Websites, you may elect to either:
collect the products at any HighlyGadgets branch identified on the Website; or
Request that the products be delivered to you.
HighlyGadgets will perform deliveries through a third-party service provider. You may be required to provide a valid form of identification when your order is delivered.
HighlyGadgets is not liable for any incorrect order or delivery where you make an error in the information that you provide to HighlyGadgets, i.e. if you provide the incorrect delivery address or submit an incorrect order.
You acknowledge that the delivery of your order may be impacted by events beyond HighlyGadgets control, such as adverse weather conditions or industrial action. HighlyGadgets is not liable for late deliveries of products purchased through the Website. HighlyGadgets will, however, try to ensure a smooth delivery process. Depending on the region, orders placed on a Friday or over a weekend may be delivered on the next business day.
Same-day deliveries are only available for Johannesburg, Pretoria, Cape Town and Gqeberha at this time and can only be done on certain products due to size restrictions.
Same-day delivery is free for all purchases. Same day will reflect at checkout on qualifying products. Delivery cut-offs may apply based on resource capacity. Order early to avoid disappointment.
Orders must be placed and paid for by 11:00 each day to qualify for same-day delivery. Orders placed after this time will be delivered as soon as possible, the following working day. Same day is also subject to driver availability. As far as possible, we will endeavour to have orders delivered within the same day, but if this is not possible due to driver availability, we will deliver as soon as possible the following working day. Where EFT is used to process a payment for an order, the payment must first clear in order for the same-day order delivery to be placed. EFT payments can take some time to clear, depending on your bank, so same-day delivery is not guaranteed unless payment is immediate. Should there be any delays due to inclement weather or any acts outside of the control of HighlyGadgets, the order will be delivered as soon as possible. Customers will be notified in such instances. If, for whatever reason, the order cannot be delivered on the same day, it will be delivered first thing on the next business day. Customers will be notified in such instances.
If you elect to collect the products from a Store, the Website will present a list of Stores that have or will have the products that you have ordered. You may then select the Store that you will be able to collect the products from (the "Collection Store").
If a product is not stocked in a particular Store, you will not be able to select that Store as the Collection Store on the Website.
The availability of the stock at the Collection Branch is as at the time the transaction is processed on the Website, and the product may subsequently become unavailable between the time you completed the transaction and the time you go to collect the products from the Collection Branch. If the product becomes unavailable after the transaction on the Website, HighlyGadgets will inform you and advise when the product may be available at that Collection Branch. You may then elect another Collection Branch to have the order delivered to a delivery address or cancel the order, and HighlyGadgets will make a refund to you.
After completing the transaction on the Website, you will receive a confirmation e-mail advising you of the status of your transaction and the Collection Branch you have chosen. You will further receive another email and SMS with collection instructions. HighlyGadgets will also advise you when your products are ready for collection at the Collection Branch. Please do not attempt to collect the products from the Collection Branch prior to receiving communication from HighlyGadgets that your order is ready for collection (the "Collection Notice").
A store consultant will assist you at the Collection Branch and will require you to present valid identification in the form of an RSA ID document, a passport or a driver's license, as well as the unique pin (One Time Pin) issued via email or SMS.
Orders not collected within 14 days of the order date will be cancelled and fully refunded to the original payment method.
6. HighlyGadgets offers you the opportunity to trade in your used tech products ("Trade-in Product") in exchange for a discount on any of the Store's new products ("New Products").
The value of the Trade-in Product will be used as:
Part-payment for a New Product;
Cash back into your bank account.
7. If you wish to trade in your used-tech products, you must bring the Trade-in Products to a store or use the trade-in kit available online at www.highlygadgets.com.
You can trade in up to five qualifying products towards purchasing a new smartphone, laptop, drone, or PS5 Console.
If you bought an item online from HighlyGadgets within the last thirty days, you qualify for cash back. To claim a cashback:
Please do so online at www.highlygadgets.com.
A copy of ID and proof of purchase is required; and Payments will be made as a refund to the card you used to purchase the item or processed in.
Payments will be made as a refund to the card you used to purchase the item or processed into a South African bank account that you nominate.
If you bought an item from HighlyGadgets, more than thirty days ago and wish to trade it in, you may do so.
HighlyGadgets will assess the Trade-in Product/s- its/their condition to determine any wear and tear and/or any damage. This may be done in-store, or, if you are using the online option, a courier will contact you to collect the Trade-in Product/s from you.
All Trade-in Products must be electronically functional to be considered for trade-in. Chargers and other accessories are not required, but excluding them will reduce your trade-in value. Other products require charging cables/chargers and other accessories for trade-in.
Trade-ins will not be accepted if:
The serial number on the Trade-In Product has been removed, damaged, or hidden; or
The device has been altered, tampered with, or meddled with in any way.
HighlyGadgets assessment of the Trade in Product against objective grading criteria will be final.
After assessment, the HighlyGadgets representative will inform you of the Trade-in Product/s value. If you accept the offer, you'll need to fill out a form with your personal details and provide a copy of your identity document.
To trade in, you must:
Be 18 years or older
Provide a valid ID document (South Africans) or passport (foreign nationals).
Backup and/or remove all data from the product and deactivate "Find My iPhone/Mac/iPad" or "Apple Watch".
Stolen Device Protection must be turned off at least an hour before the trade-in. For other products, the device manager must be disabled, and MDM must be deactivated by the contract holder.
If you accept the trade-in value:
Your device data will be wiped and restored to factory settings.
International devices may be traded in, subject to passing trade-in criteria checks.
If the Trade in Product is found to be stolen, subject to ownership reservation, or if you are not the rightful owner, HighlyGadgets reserves the right to demand a full refund of the trade-in value plus interest. You indemnify HighlyGadgets against any loss or damage arising from false information about the
Trade-in Product.
Please note
We may need to remove screen protectors to assess the screen; these will not be replaced or compensated for.
Trade-in devices cannot be traded in before the cellular upgrade date. If a device is on an existing contract, it is only eligible for trade-in at the time of upgrade.
The trade-in value cannot be used to settle an existing cellular contract. The responsibility remains with the contract holder and service provider.
8. Trade-in gift cards are valid for three years from issuance or a longer period as stipulated on the card.
They do not accrue interest and cannot be exchanged for cash.
HighlyGadgets is not responsible for any harm due to loss, unauthorized use, or distribution of a Trade-in gift card after issuance.
9. Cash back for cellular contract upgrades is only available upon successful contract activation.
Cash back does not apply to contract migration to an existing device.
Business contracts require additional documentation to process cashback into personal bank accounts.
A valid South African ID and proof of a South African bank account are required.
EFT payments clear within twenty-four to seventy-two hours after final approval, with up to ten days for manual processing.
An accepted trade-in offer cannot be used to settle an existing cellular contract, and trade-ins are only accepted if you qualify for an upgrade.
10. The Guaranteed buy-back offer is only available on the purchase of a new iPhone 16 model and later, sold from September 2024 onwards. The offer is not available on iPhone 15 and older, regardless of the purchase date.
To qualify for full buyback value, the Trade-in Product trade-in terms and conditions as contained in paragraphs 2.3 to 2.9 above must be met.
HighlyGadgets may reduce the buyback amount if these conditions are not met.
Buy-back applies only to new iPhones purchased at the store with a valid iCarePlus extended warranty.
Payments will be made via EFT or gift card within fourteen working days into South African bank accounts only.
HighlyGadgets reserves the right to cancel the buyback promotion due to factors outside its control, such as exchange rate fluctuations or significant changes to the product range.
To qualify for your full guaranteed buy-back value, your product needs to be evaluated in-store to ensure the following:
The product is in good working order (fully functional).
The product has no damage whatsoever to the screen, no liquid damage, no damage to the outer shell, including any scratches or small dents.
The product has not had any unauthorised repairs.
Trade-in value is dependent on the condition of the product at the time of trade-in. The value is determined by in-store functional diagnostics and cosmetic evaluation, with the guaranteed value based on a fully functional in "Best" cosmetic condition. Trade-in terms and conditions: Exclusive to HighlyGadgets in South Africa. All rights reserved.
HighlyGadgets may decrease the amount of the buyback amount if the above conditions are not met or are found to be untrue.
All user data must be removed from the device and iCloud, including “Find my iPhone”, should be deactivated. HighlyGadgets is not responsible for any loss of data.
Only the device associated with a valid iCarePlus may be traded in for a guaranteed buyback.
Devices will not be accepted for trade-in if it is linked to a current contract with any mobile network operator, or if any money is owed / outstanding towards the payment of the device. All outstanding money on the device or any obligation to the mobile network operator for this device shall be settled in full before the device is traded in. HighlyGadgets reserves the right to demand proof of settlement before accepting the device for trade-in.
The buyback amount will be passed as cashback via Electronic Funds Transfer only.
Payments will only be made into South African-registered bank accounts. Should all the above conditions be met, allow 14 working days for the committed cash amount to be transferred.
Device Trade-in will not be considered if the serial number on the device has been removed, damaged or hidden, or if the device itself has been altered, tampered with, or meddled with in any way.
HighlyGadgets will not be held liable for any misrepresentation caused due to an unintentional copy error, and/or omission that may occur on any of our materials.
Only devices purchased from HighlyGadgets are eligible for buy-back at HighlyGadgets.
11. To qualify for a cashback value, the Trade-in Product trade-in terms and conditions as contained in paragraphs 2.3 to 2.11 above must be met and shall be applicable.
Cashback is available only upon the successful purchase of a new product.
Customers must trade in within thirty days of contract completion/purchase.
A valid South African ID and proof of a South African bank account are required.
Payments will be made either as a refund to the card you used to purchase or processed into a South African bank account that you nominate.
Business customers require additional documentation to process cashback into personal bank accounts.
Please note that in-store cashback EFT payments clear within forty-eight to seventy-two hours after final approval, with up to ten days for manual processing.
Notwithstanding any other provision herein, where a Trade-in Product is used to obtain cashback in conjunction with the purchase of a product, the total cashback value payable in respect of such transaction shall be capped at the total purchase price of the qualifying product purchased in that same transaction. Where multiple Trade-in products are submitted in a single transaction, the aggregate cashback amount may not materially exceed the value of the qualifying product purchased. HighlyGadgets reserves the right, in its sole discretion, to limit, adjust, or refuse cashback amounts that exceed the purchase value. Trade-in values exceeding the purchase price may, at HighlyGadgets discretion, be issued as a Gift Card instead of cashback.
12. Contract freeze option will no longer be available effective 1 September 2025.
All cellular and trade terms and conditions apply.
Cash is only applicable to product purchases online and device contracts in-store.
All cellular and trade-in terms and conditions apply.
Contract price freeze offer is available in-store only due to the trade-in requirement.
The contract price freeze campaign is based on the premise that you trade in your current device to reduce your monthly subscription on your new iPhone contract.
Contract price freeze only applies to the base contract tariff fee and excludes any additional VAS, out-of-bundle usage, outstanding device finance, insurance, etc. that may or may not apply to your individual network service provider account.
Contract price freeze is only applicable on cellular contracts taken up on the iPhone 14 range and above, and taken out after 1 October 2021.
Contract price freeze offer is based on the highest offer / best condition trade-in value for the qualifying product (meaning it meets all grading & condition criteria for HighlyGadgets highest offered / best condition trade-in value).
HighlyGadgets contract price freeze is based on the price of the deal on the date that you activate your new contract. HighlyGadgets is not liable to match any future-dated price increases implemented by your network service provider.
MTN Price freeze not applicable to customers of MTN Deluxe packages on MTN iLula.
HighlyGadgets offers you the opportunity to trade in your used products in exchange for a discount on any of the HighlyGadgets new products. The value of the Trade-in Product will be used as part payment for the New Product, or you may elect to receive a store voucher to the value of the Trade-in Product. Click here for trade-in terms and conditions.
13. Please refer to our Returns 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).
14. HighlyGadgets shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of products on the Website or the Store. However, should there be any errors of whatsoever nature on the Website or Store (which are not due to HighlyGadgets gross negligence), HighlyGadgets 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.
HighlyGadgets shall not be bound by any incorrect information regarding the products displayed on any third-party websites.
15. Please refer to our Privacy Policy incorporated by reference (which means that it forms part of these Terms and Conditions).
16. HighlyGadgets 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.
17. 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 HighlyGadgets takes reasonable measures to ensure that the content of the Website is accurate and complete, HighlyGadgets 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 HighlyGadgets representatives, HighlyGadgets shall not be bound thereby.
HighlyGadgets 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 the 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.
In addition to the disclaimers contained elsewhere in these Terms and Conditions, HighlyGadgets 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 can 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 HighlyGadgets, its employees, agents or authorised representatives. HighlyGadgets 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.
18. This Website may contain links or references to other websites ("Other Websites") which are outside of HighlyGadgets control. These Terms and Conditions do not apply to those Other Websites, and HighlyGadgets is not responsible for the practices and/or privacy policies of those Other Websites or the "cookies" that those sites may use.
Even though the Website may refer to or provide links to Other Websites, your use of such Other Websites is entirely at your own risk, and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Other Websites or your reliance on any information contained thereon.
19. HighlyGadgets 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 HighlyGadgets, its employees, agents or authorised representatives.
To the extent permissible by law, HighlyGadgets will not be liable for any direct, indirect, special or consequential loss or damages howsoever arising out of your use of any of the HighlyGadgets products.
HighlyGadgets will not be liable for any direct, indirect, special or consequential loss or damages howsoever arising, including but not limited to, your use of this Website, activity on the Website and or any linked Other Websites.
You hereby indemnify HighlyGadgets and hold it harmless against any loss or damage you or any third party may suffer as a result of your use of this Website, any Other Website and/or the HighlyGadgets products.
20. HighlyGadgets will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and is entitled to discontinue providing the Website or any part thereof with or without notice to you.
HighlyGadgets may, in its sole discretion, terminate, suspend and modify this Website, with or without notice to you. You agree that HighlyGadgets 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 before such time, to the extent possible.
21. All complaints and queries should be sent by email to info@highlygadgets.com
Any legal notices that you give HighlyGadgets under this contract must be sent to info@highlygadgets.com
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 e-mail communications between you and HighlyGadgets must make use of the "Read Receipt" function to serve as proof that the e-mail has been received.
Where HighlyGadgets needs to give you any notice as provided for in these Terms and Conditions or provide additional information about the products and services supplied to you, HighlyGadgets will do so by sending you an email or posting a notice on this Website. You hereby consent to HighlyGadgets providing you with notices or information in this way.
22. 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 HighlyGadgets, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Gauteng Division, Johannesburg), notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
Nothing in this clause 14 or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
23. You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
Any failure on the part of you or HighlyGadets to enforce any right in terms hereof shall not constitute a waiver of that right.
If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
If you need to obtain a sales record of your transaction to buy products through the HighlyGadgets Website, you can contact HighlyGadgets within 30 days of the transaction.
No indulgence, extension of time, relaxation or latitude which any party (the "grantor") may show grant or allow to the other (the "grantee") shall constitute a waiver by the grantor of any of the grantor's rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
These Terms and Conditions contain the whole agreement between you and HighlyGadgets, and no other warranty or undertaking is valid, unless contained in this document between the parties.
24. The Website displays content (the "Content") which is comprised of:
copyright (the "Copyright") in copyrighted works, including without limitation literary works, artistic works, sound recordings and cinematographic films, owned by the proprietors of such copyrighted works, including HighlyGadgets, Core Group and other third party owners of such Content (the"Content Providers"): and
trade marks, trade names, service marks, logos, style names, trading names and any slogans (the "Trade Marks"), which are proprietary to HighlyGadgets or an affiliated entity.
All such Copyright and Trade Marks are protected by South African and International copyright and trade mark laws.
All rights in and to the Copyright and the Trade Marks in the Content are reserved and retained by HighlyGadgets and/or the Content Providers, as the case may be.
The User is entitled to access the Website and download, reference, reproduce and use the Content for the sole purpose of the provision of information. Under no circumstances is the User entitled to access, download, reproduce or use any of the Website or the Content for any purpose other than the purpose expressly set out above.
All Content downloaded or otherwise copied from the Website may only be presented, regardless of format, in conjunction with the appropriate copyright and trade mark notices, as provided on the Website.
In reproducing the Trade Marks as authorised herein, the User shall cause these to be reproduced exactly and accurately as they appear on the Website. The User shall not use or reproduce the Content in a manner which would in any way damage, injure or impair the reputation of HighlyGadgets or the Trade Marks.