Terms & Conditions
QVWI Terms and Conditions
Last Updated: [18/04/2024]1. Introduction
1.1 This website can be accessed at https://shop.qvwi.com/related mobi-sites and software applications (the “Website”) and is owned and operated by QVWI a division of Skyblu Technologies (Pty) Ltd, registration number 2013/219327/07, with registered address at 46 Siphosethu Drive, Mount Edgecombe, Kwa Zulu Natal, South Africa (“QVWI”, “we”, “us” and “our”).
1.2 These Website together with the documents referred to within it (“Terms and Conditions”) explains the terms and conditions on which we supply any of the goods (“Goods”), listed on our online sales platform. These terms and conditions do not relate to or cover the sale of our Goods by third parties to you.
1.3 QVWI allows third party sellers to list and sell their products on the Website (“each Third Party Seller”). QVWI will indicate on the relevant product pages and checkout pages when Goods are for sale by a Third Party Seller.
1.4 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”). Please read these terms and conditions carefully and make sure that you understand them before ordering any Goods from the Website.
1.5 By using the Website and/or 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.
1.6 We own or are licensed users of the intellectual property rights in and to the Website and all material and content on the Website. You may use the Website for personal, non-commercial use only.
1.7 While we endeavour to ensure that the Website is available 24hours a day, we cannot provide any assurances in this regard and will not be liable if for any reason the Website is unavailable at any time or for any period. Access to the Website may be suspended without notice in the case of system failure, maintenance or repair or for reasons beyond our control as set out herein.
2. Important Notice
2.1 These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
2.2 These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –
2.2.1 may limit the risk or liability of QVWI or a third party; and/or
2.2.2 may create risk or liability for the user; and/or
2.2.3 may compel the user to indemnify QVWI or a third party; and/or
2.2.4 serves as an acknowledgement, by the user, of a fact.
2.2.5 Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
3 Returns
3.1 Please refer to our Returns Policy for more information about returning Goods (and related refunds, replacements or repairs). The Returns Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).
4 Registration and use of the website
4.1 Only registered users may order Goods on the Website.
4.2 To register as a user, you must provide a unique username and password and provide certain information and personal details to QVWI. You will need to use your unique username and password to access the Website in order to purchase Goods.
4.3 You agree and warrant that your username and password shall:
4.3.1 be used for personal use only; and
4.3.2 not be disclosed by you to any third party.
4.4 For security purposes, you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.
4.5 You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.
4.6 You agree to notify QVWI immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
4.7 By using the Website you warrant that:
4.7.1 You are legally capable of entering into binding contracts;
4.7.2 You are at least 18 years old;
4.7.3 You are a private individual and purchasing products in your capacity as such; and
4.7.4 You are not purchasing products for the purpose of resale or any unlawful purpose whatsoever.
4.8 You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
5 Conclusion of sales and availability of stock
5.1 Your order is an offer to use to buy the Good(s) in your order. You are considered to have placed an order with us by ordering on the Website, successfully paying for your order and by following the checkout process. After placing an order, we will use the email address you have given us to send you an email acknowledging that we have received your order and which will contain an Order Reference Number and details of the Goods you have ordered (“Order Confirmation”). Please note that an Order Confirmation is only an acknowledgment that we have received your order and does not mean that your order has been accepted by us.
5.2 All order are subject to our acceptance of your offer to buy the Goods ordered. We will only accept your offer (and form the contract of sale) when we send you an email confirming that the Goods have been dispatched (“Dispatch Confirmation”).
5.3 We may refuse to accept your order:
5.3.1 where the Good is not available;
5.3.2 where we cannot obtain authorisation from your bank or credit provider for your payment;
5.3.3 if there has been a pricing or Goods description error other than where there has been an obvious error;
5.3.4 if you do not meet the criteria set out above in 4.7; or
5.3.5 if you misuse the Website.
5.4 Prior to delivery of the Goods, you may cancel an order at any time provided you do so before receiving a Dispatch Confirmation. After delivery or your collection of the Goods, you may return the Goods only in accordance with the Returns Policy.
5.5 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 basket.
5.6 Placing Goods in a Wishlist or shopping basket without completing the purchase cycle does not constitute an order for such Goods, and as such, Goods may be removed from the shopping basket if stock is no longer available or the price thereof might change without notice to you. You cannot hold QVWI 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.
5.7 You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. In the case of Goods for sale by QVWI, QVWI will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Goods are no longer available after you have placed an order, QVWI will notify you and you will be entitled to a refund of any amount already paid by you for such Goods.
6 Price and Payment
6.1 The price of the Goods will be as quoted on the Website, except in the case of an obvious error. Goods include VAT at the legal prevailing rate. The price quoted on the Website excludes delivery and installation charges which are quoted separately on the Website.
6.2 Prices and delivery charges are subject to change at any time, but changes will not affect orders in respect of Goods for which we have already sent you an Order Confirmation. If the pricing error is obvious and unmistakable and have reasonably been recognised by you as an error, we do not have to provide the Goods to you at the incorrect (lower) price.
6.3 Payment may be made for Goods via the following methods (depending on its availability and/or your eligibility to use such a method) –
6.3.1 debit card; where payment is made by debit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Goods will be cancelled. You warrant that you are fully authorised to use the debit card supplied for purposes of paying 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;
6.3.2 credit card: where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Goods will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying 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;
6.3.3 direct bank deposit or electronic funds transfer: if you pay via direct bank deposit or electronic funds transfer, payment must be made within 5 (five) days of placing your order. QVWI will not accept your order if payment has not been received;
6.3.4 Instant EFT.
6.4 Once you have selected your payment method you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.
7 Delivery, Title and Risk
7.1 We only deliver orders to physical addresses in South Africa. We will deliver the Goods to the delivery address you specify in your order.
7.2 We will not deliver the Goods to your delivery address unless there is someone present to accept and sign for the Goods.
7.3 Kindly note that delivery timescales in relation to pre-order Goods are estimated and may change as a result of manufacturing or transportation delays. Any delays with your pre-ordered Goods will be communicated to you by email.
7.4 QVWI will deliver the Goods to you as soon as reasonably possible, but no later than 30 (thirty) days of issue of the Dispatch Confirmation (“Delivery Period”). We will notify you if we are unable to deliver the Goods during the Delivery Period.
7.5 QVWI’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. QVWI 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.
7.6 The Good will be your responsibility, and you will assume all risk in respect thereof, from the time of delivery.
7.7 Ownership of the Good(s) will only pass to you on the latter of i) delivery or ii) when we receive full payment of all sums due in respect of the Good, including delivery and installation charges (where applicable).
7.8 By signing the delivery note for the Good, you acknowledge delivery and acceptance of the Good(s) ordered.
8 Installation Services
8.1 The purchase and delivery of a Good does not include any installation of that Good unless we expressly specify that installation is included in the purchase price or if we specify that installation of the Good may be purchased by you during the checkout process. The following terms apply to any installation service:8.1.1 We offer installation across South Africa for qualifying Goods;
8.1.2 Any installation service purchased on our Website or specifically included in the price of a Good is supplied by a third party installer authorised by QVWI and is subject to the third party installer’s availability;
8.1.3 Following your purchase of a Good and an installation service at checkout, we will call you on the number you have provided to us to schedule an appointment for the installer to install the Good at your chosen physical address;
8.1.4 The installation will only take place is an adult is present at the chosen address at the scheduled appointment time to allow the QVWI approved installer entry to the chosen physical address and who will be expected to sign for the completed installation;
8.1.5 Where the installer fails to carry out any installation service because there is no electricity and/or no internet connection, or where there is any other interference or hindrance at the chosen physical address, you will need to reschedule a new appointment with the installer at an additional cost to you;
8.1.6 We reserve the right to inspect and verify any problem you say you have with the installation service performed for you. If we find that the problem is because: (i) your instructions to us or the installer were against our or the installer’s advice; (ii) you misused, neglected, physical damaged, tampered or incorrectly adjusted the Good before, during or after installation; or (iii) of normal wear and tear, then we reserve the right to refuse to issue a full refund to you for the installation service purchased, or to claim compensation from you where we perform a repeat installation service. This does not affect your statutory rights.
8.1.7 If you wish to return a Good(s) that has/have been installed, in addition to the procedure set out in our Returns Policy , you will have to arrange for the Good(s) to be uninstalled at your cost. If you wish to exchange a Good that has been installed, in addition to the procedure set out in our Returns Policy, you will have to arrange for the Good to be uninstalled at your cost and you will be required to purchase a new installation service for that Good if you would like an installer to install the Good for you. This does not affect your statutory rights.
9 Gift Vouchers & Discounts
9.1 QVWI may from time to time make physical or electronic gift vouchers (“Gift Vouchers”) and promotional discounts (“Discounts”) available for use on the Website towards the purchase of QVWI Goods. Gift Vouchers and Discounts can only be redeemed while they are valid and their expiry dates cannot be extended. More specifically:
9.2 Gift Vouchers
9.2.1 Gift Vouchers that are purchased by registered users are valid for 1 year after Sale. Gift Vouchers that QVWI gives away for free are valid for the period stated thereon. In each case, if your Voucher has not been used within that period, it will expire.
9.2.2 Gift Vouchers cannot be used to buy other Gift Vouchers. They do not accrue interest and are not refundable for cash once purchased or otherwise obtained. If your Gift Voucher value is less than the amount required to cover the full order you wish to place, you may make up the difference by paying via one of our other payment methods.
9.2.3 QVWI is not responsible for any harm due to the loss, unauthorised use or unauthorised distribution of a Gift Voucher, after it has delivered the Gift Voucher to you or the email address nominated by you.
9.3 Discounts
9.3.1 There are two types of Discounts; a Discount with a fixed amount of a discount, e.g. R100 off (“Fixed Discount“), and a Discount with a percentage discount, e.g. 10% off (“Percentage Discount“).
9.3.2 Discounts are issued in QVWI’s sole discretion and we are entitled at any time to correct, cancel or reject a Discount for any reason (including without limitation where a Discount has been distributed in an unauthorised manner). Users do not have a right to Discounts, and Discounts cannot be earned. Discounts are issued under specific terms and conditions regulating when and how they may be used.
9.3.3 As a general rule, and unless specified otherwise on the specific Discount itself:
9.3.3.1 each Discount can only be used once;
9.3.3.2 only one Discount can be used per order;
9.3.3.3 only one Discount can be used on the Website per person per promotion/campaign;
9.3.3.4 Percentage Discounts may only be redeemed on purchases with a total cart value of less than R5,000;
9.3.3.5 where a Percentage Discount has been used and you wish to cancel any items in the order prior to making payment, the entire order must be cancelled. You will be issued with a new Percentage Discount and will need to place the order again, without the item that you wished to cancel;
9.3.3.6 a Discount must be used at check-out – it cannot be used later on existing orders; and
9.3.3.7 the value of the Discount will be set off against the value of your shopping basket and the balance remaining, if any, will be payable by you.
9.3.4 Discounts cannot be used to buy Gift Vouchers, and cannot be exchanged or refunded for cash or credit. QVWI is not responsible for any harm due to the loss, unauthorised use or distribution of a Discount.
9.3.5 If for any reason a Discount does not reflect on the final amount due from you at check-out, you can contact us to confirm if the Discount is still valid. If QVWI confirms that the Discount is still valid and you have already placed your order, you can choose whether to cancel the order and place it again with the Discount, or you can use the Discount on your next order within the limitations of the specific Discount’s terms and conditions.
9.3.6 You may be required to submit the original communication containing the Discount code, and any other information reasonably requested by QVWI, before you are able to use a Discount.
10 Privacy Policy
10.1 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.
11 Changes to these Terms and Conditions
11.1 QVWI 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.
11.2 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.
12 Electronic communications
12.1 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 in accordance with our privacy policy as set out in clause 11 above.
13 Disclaimer
13.1 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.
13.2 Whilst QVWI takes reasonable measures to ensure that the content of the Website is accurate and complete, QVWI 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 QVWI representatives, QVWI shall not be bound thereby.
13.3 QVWI 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.
13.4 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.
13.5 Any views or statements made or expressed on the Website are not necessarily the views of QVWI, its directors, employees and/or agents.
13.6 In addition to the disclaimers contained elsewhere in these Terms and Conditions, QVWI 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 is able to 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 QVWI, its employees, agents or authorised representatives. QVWI thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.
14 Linking to third party websites
14.1 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 QVWI is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.
14.2 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.
15 Limitation of liability
15.1 QVWI 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 QVWI, its employees, agents or authorised representatives.
15.2 QVWI 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.
15.3 YOU HEREBY INDEMNIFY QVWI 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.
16 Availability and termination
16.1 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.
16.2 QVWI 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 discount intended by QVWI 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 QVWI, in whole or in part, on notice to you. QVWI shall only be liable to refund monies already paid by you (see QVWI’s Returns 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.
17 Governing law and jurisdiction
17.1 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.
17.2 In the event of any dispute arising between you and QVWI for the Sale of goods, you agree that the Sale occurs in KwaZulu Natal and you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Kwa Zulu Natal Division, Durban) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
17.3 Nothing in this clause 17 or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
18 Notices
18.1 QVWI hereby selects 46 Siphosetu Drive, Mount Edgecombe, Durban, as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). QVWI may change this address from time to time by updating these Terms and Conditions.
18.2 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 QVWI not less than 7 days’ notice in writing.
18.3 Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent –
18.3.1 by hand will be deemed to have been received on the date of delivery;
18.3.2 by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
18.3.3 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
18.3.4 by email will be deemed to have been on the date indicated in the “Read Receipt” notification, alternatively shall be deemed to have been received within 2 days from the date on which it was sent. 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.
19 Complaints
19.1 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 support@qvwi.com.
20 Information
20.1 For the purposes of the ECT Act, QVWI’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:
20.1.1 Full name: QVWI Retail a division of Skyblu Technologies (Pty) Ltd, a private company registered in South Africa with registration number 2013/219327/07.
20.1.2 Main business: Online retailer
20.1.3 Physical address for receipt of legal service (also postal and street address): 46 Siphosethu Drive, Mount Edgecombe, Durban, 4300. (marked for attention: CEO and Legal)
20.1.4 Email address: support@qvwi.com
20.1.5 Intellectual property complaints: If you have a complaint/allegation of intellectual property infringement, please send your complaint/allegation to support@qvwi.com and include the following key information: the specific URLs on the platform that relate to your complaint/allegation; and actual copies of the South African/CIPC-issued certification that you are relying on (i.e. in order to objectively confirm the intellectual property rights claimed in South Africa and then pass the same on to the affected suppliers/sellers accordingly). Subject to the aforesaid, and subject to the fluidly reactive nature of the platform and its related functionality limitations, we confirm that we’ll be able to investigate those identified URLs and then respond to your complaint/allegation in good faith as soon as possible.
21 General
21.1 QVWI may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.
21.1.1 You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
21.1.2 Any failure on the part of you or QVWI to enforce any right in terms hereof shall not constitute a waiver of that right.
21.1.3 If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
21.1.4 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.
21.1.5 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.
21.1.6 These Terms and Conditions contain the whole agreement between you and QVWI and no other warranty or undertaking is valid, unless contained in this document between the parties.