Terms and Conditions

TERMS AND CONDITIONS OF PURCHASE AND SITE MEMBERSHIP

Please do not click on PLACE ORDER or PAY NOW or BUY NOW or SUBMIT ORDER buttons if you do not take note of and agree with any of the terms and conditions below! These terms and conditions must be read and accepted by you before placing your order and were last updated 03 September 2009 (Ver. 2.2). A copy will be emailed to you automatically together with your invoice after placing your order.

1. Delivery Charges and Shipping
Delivery charges vary depending on the type of products ordered and the service you select and cannot be refunded. Your delivery charges will be clearly indicated at checkout. Delivery is done by the SA Post Office (counter-to-counter with tracking numbers) or courier. We do not do collections. Claims for missing shipped items will not be entertained if not reported to us within 14 days of date of shipment. Please make sure you have read and agree to our Shipping Policy document.

Due to the increased incidents of fraud and theft we have requested that our courier service request proof of identification for all deliveries. If you feel that this service is unnecessary, please indicate such on your order (in the comments field) so that we may email you a disclaimer form for you to complete and return releasing iGear from any liability should your parcel be delivered to the incorrect persons.

2. Non-repudiation of payment
By clicking on the above buttons, you agree to the terms and conditions in this document and commit to the purchase and payment of items purchased. It is entirely the discretion of the seller (iGear CC) whether to allow order cancellations depending on if stock has been reserved or not. An order cancellation fee of 25% of the value of your order will be levied. The seller reserves the right to report non-payers to ITC and any other buros of similar functionality, and revoke all access to membership and shopping areas on this web site.

3. Credit Card Payments
Due to high incidences of credit card fraud and that the merchant is at 100% risk with an on-line transaction, if you are a first time buyer paying by credit card and your order is over R500.00 the Seller (iGear) reserves the right to request any combination of the following:

Your ID number
A faxed copy of the front and back of the credit card
A faxed copy of the cardholders ID.
A letter of authorisation with two contact telephone numbers, signed by the card holder allowing iGear CC to debit your card.

When we have received one or more of these documents we will get authorisation from the bank for your credit card and we can then process your order. Please note that failure to provide said documentation on request from the seller will lead to lengthy delays in the shipment of your order or even lead to order cancellation. The information we receive from these documents will be protected by our Privacy Statement in this document. We apologise for the inconvenience.

4. Bank deposits and bank transfers
For bank transfers and Internet (electronic) EFT transfers, please allow 1-2 days for the payment to reflect in our account. Contrary to popular belief, these payments are NOT immediate.

For cheque and direct cash deposits you must allow 5-7 working days for your funds to clear and you must pay in an extra 3% to cover the costs of bank charges. Any refunds from these payments will have the 3% deducted from them to cover bank charges.

If your payment notification is not received within 12 hours of placing your order, we will automatically cancel your order as we cannot reserve stock indefinitely.

5. Stock availability
Your items will only be shipped once your payment has cleared. Most of our items are normally in stock, however all items are subject to availability as depicted on the some of the item shopping pages. Certain items do have a longer lead time than others. We will inform you as soon as possible if the goods you have ordered are available or not and quote you an approximate shipping date. In case of total unavailabilty of ordered items, iGear will refund you within 30 days. Cancellation of orders by the customer can will attract a 30% administration fee. Alternatively you can contact sales@igear.co.za before placing your order to confirm item availability. It is at the sellers discretion to do part-shipments of orders.

6. Price Fluctuations
The seller (iGear) reserves the right to change prices of item on the site at any time. We may do this to react to competive conditions, stock levels, currency exchange rate fluctuations or for the purposes of running specials and stock clearance sales. In most instances the size of incoming shipments drastically effect shipping costs and prices from our suppliers which may also effect pricing. We may also pass on specials or price increases from our suppliers. We are in no way obligated to pass credits for items previously purchased that may currently be at lower prices than what you purchased them for. Conversely we are not obligated to honour previous prices at which items are purchased.

7. Site ownership
This site is owned and operated by iGear CC, company registration #CC/CK200602754023. If you have any questions, comments or complaints with regard to our web site please email these to sales@igear.co.za

8. Ownership of Rights
All rights, including copyright, in this website are owned by or licensed to iGear. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of iGear. You may not modify, distribute or re-post anything on this website for any purpose.

9. Accuracy of Content
iGear CC has taken every care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at time of publishing and all products have been fairly described. However, orders will only be accepted if there are no material errors in the description of the goods or their prices as advertised on this website.

Packaging may vary from that shown. The weights, dimensions and capacities given are approximate only. We have made every effort to display as accurately as possible the colours of our products that appear on the website. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the product on delivery. To the extent permitted by applicable law, iGear disclaims all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this website. iGear shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this website.

Many items offered for sale may include iPod players in their pictorial representations, to demonstrate the use of the particular item or accessory. Please note that iPods are not included with any items or accessories offered for sale on this site except for certain ValuPaks where they are specifically itemized as part of the pack.

10. Ordering Errors
You are able to correct errors on your order up to the point at which you click on "submit" or “make payment” on the final page of our ordering process. You may amend your order if we have not shipped it yet. iGear cannot accept responsibility for items incorrectly ordered or non-compatibility of accessories with your iPod or car or home theatre. The onus is on the Purchaser to ensure compatibility of accessories before making purchases. It is up to the sellers discretion to allow returns based on incorrect items being ordered. See section 14 "Returns".

11. Acknowledgment and Acceptance of your Order
If you have supplied us with your email address, we will notify you by email as soon as possible to confirm receipt of your order and email you again to confirm details. Our acceptance of your order will take place upon despatch of the product(s) ordered.

12. Gift Wrapping
We are unable to offer a gift wrapping service at present.

13. Links to Other Websites
We have placed links on this website to other websites we think you may want to visit. We do not vet these websites and do not have any control over their contents. iGear cannot accept any liability in respect of the use or accuracy of content of these websites.

14. Returns and Refunds
Contrary to popular belief, the new Consumer Protection Act (CPA) is not a "free-for-all" with regards to RETURNS. There are only 5 reasons the consumer can lean on the CPA to force a supplier to return goods:

1. They were defective or unsafe
2. Goods were bought as a result of direct marketing mailers
3. Goods bought differ materially in quality, looks and function from description on our web site
4. Goods delivered and mixed with other goods the client doesn’t want
5. Goods found to be unsuitable for a specific purpose communicated to supplier upfront.

In instances not dealt with above where a consumer returns an item to the supplier, the return will be dealt with in terms of the supplier’s own returns policy. These are often referred to as “goodwill” returns as there is no legal obligation on the supplier to accept such a return. Consumers should choose carefully and not frivolously enter into transactions in the false hope and expectation that they may return the item for a refund. For more details of the CPA and your return rights, go here : http://www.saconsumerprotectionact.com/viewtopic.php?f=7&t=178

The conditions below cover the iGear return policy over and above the 5 conditions specified by the CPA above:

If your items are received faulty or incorrect, please return it to us in or with its original packaging within 7 days of receipt and we will send you a replacement within 14 days of receiving your faulty item. Note that replacements are not necessarily complete sealed units but new factory warranty components.

Should you need to return an item to us please e-mail sales@igear.co.za within 3 days of receiving the goods for an authorisation e-mail - once this is completed you have 4 days to return the item to us. If you do not return the item within the 7 day period we cannot accept the item for return. We do not accept returns for goods incorrectly ordered or incompatible with your iPod or MP3 player or any other equipment. If you are not sure of the compatibility of a product, e-mail us on: sales@igear.co.za, and we will gladly answer your questions. Please note that we do not accept returns for FM transmitters that don't work in your car because your car has special shielding. Please ensure you keep your original packaging to prove you bought an item from us (our packaging is specially marked).

15. Limited Warranty
All our electronics goods carry a Limited Warranty, details of which can be found here. All warranty claims must involve the faulty items being returned to iGear CC for replacement or repair.

WARRANTY PERIOD IS 12 MONTHS. ITEMS HAVE TO BE RETURNED TO US FOR A WARRANTY CLAIM OR SUPPORT ISSUE. FAULTY UNITS ARE REPAIRED IF POSSIBLE OR REPLACED WITH EQUIVALENT FACTORY UNITS. REPLACEMENTS ARE NOT NECESSARILY NEW RETAIL SEALED UNITS BUT COULD BE FACTORY REPAIR UNITS. WARRANTY IS FROM DATE OF PURCHASE AND DOES NOT RESTART FROM DATE OF REPAIR. ALLOW 2-4 WEEKS FOR REPAIRS/REPLACEMENT OF IN-MANUFACTURE ITEMS AND 6-8 WEEKS FOR OUT-OF-MANUFACTURE (DISCONTINUED) ITEMS. COST OF SHIPPING TO US FOR WARRANTY IS FOR CLIENTS ACCOUNT. COST FOR RETURN TO CLIENT IS FOR OUR ACCOUNT.

In order to provide you with the most competitive purchase prices possible, iGear CC imports all their products directly from authorised distributors/resellers of various manufacturers and as such we will support the purchaser in terms of warranty and after sales service as per the Limited Warranty. In this case the authorised South African distributor of these products are under no obligation to honour the manufacturers guarantees/warrantees or to provide after sales service.

16. Password/Account Security
You are responsible for maintaining the confidentiality of your password and account and any activities that occur under your account. iGear shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account. If you feel your account has been compromised you must notify us immediately at sales@igear.co.za

17. Privacy Statement
We always try to protect your personal privacy and this privacy statement is here to help you understand what we may do with any information you tell us about. You can access our website home page and browse our site without disclosing your personal data, but if you do give us your personal details, you are accepting these terms. If you do not agree with this privacy policy, do not give us your details. This privacy policy is part of our Terms and Conditions. If you do give us your details and then decide you do not want us to use your details anymore, you can email us at sales@igear.co.za If you want to buy products from us, you will need to register on our site. Registration involves you giving us the following personal information: (i) Your title, name and address (including option to save different delivery addresses); (ii) Contact phone number and valid e-mail addresses; Registration enables you to speed up the ordering process, however, you do not have to register with us until you choose to order.

How will we use your details?
Our offers: Once you have purchased with us, we would like to send you product updates, our latest information and special offers. If you would like to receive notification of specials and such like please add your name to our subscribe box on the home page of our site. Alternatively you can always e-mail us with your details and mailing preferences. We may also use your information to manage your purchases such as sending a confirmatory email, and your card payments for goods you buy from us and also to deliver the goods to you, or we might give your details to our carrier if they deliver on our behalf. You can check any information that we are holding about you, or ask any questions about this privacy policy by emailing us on sales@igear.co.za.

How will we protect your details?
iGear CC commits to protecting your confidential information such as email and shipping and purchasing history and storing them in a responsible and secure manner and not disclose this sensitive information to any 3rd parties. Your email addresses are not passed onto market companies in any shape or form. Fool-proof security is not a possibility and in the event we have a security breach, theft or hack attempt we will notify you if we feel your information has been compromised. iGear CC does not keep or have access to any details of your credit cards as all these payments go through a secure payment processor.

18. Site, shop and forum membership
The seller reserves the right to discontinue your membership to the shopping cart, forums and newsletter subscriptions at any time.

19. International Orders
Only Bank Transfers are considered for International orders.

20. Use of FM transmitters
Please note that the use of FM transmitters may be illegal or contravene certain regulations in your region or country and you are advised to observe the rules and laws in your region. By purchasing this device you agree to indemnify iGear CC from any losses, damages, claims or expenses incurred by yourself in its use. Please note that the FM Transmitters are not refundable as the manufacturer does not allow for returns on these items.

21. iPod Repairs
We cannot be held liable for loss of music on your iPod during the repair process. The onus is on the customer to backup their iPod. We only repair components specified by the client. If these components don't fix the underlying problem we cannot be held responsible.

22. Disclaimers and Limitation of Liability
Save as set out in the terms, iGear CC makes no warranties, representations, statements or guarantees (whether express, or implied in law or residual) regarding the website and the products and the website and products made available via the website are provided “as is”.

Neither iGear CC or its directors shall be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential) and/or expense of any nature whatsoever which may be suffered by you or any third party, as a result of or which may be attributable, directly or indirectly, to your access and use of the website and/or any information contained on or via the website and/or your use of the products purchased. Without limiting the generality of the aforegoing, neither iGear CC nor its directors shall be liable for any failure and/or unavailability of the website for any reason whatever and/or the failure/delay by any third party service provider to render any service which are necessary to ensure the availability of the website. You hereby indemnify iGear CC or its directors against any loss, liability, damage (whether direct or consequential) or expense of any nature whatsoever which may be suffered by you or any third party as a result of or which may be attributable directly or indirectly to the aforesaid. Notwithstanding anything to the contrary contained herein, iGear CC shall not be liable for any direct, indirect, contingent or consequential loss (including but not limited to loss of business, loss of data and/or loss of profits) incurred or sustained by you or any third party howsoever arising in respect of your use of or reliance of any information offered on or via the website and/or your use of the products.

Please note that we do not accept returns or offer refunds if you are unhappy with the product quality, design, coloring, operation, specifications and functionality and you have already opened or used the product. These are items under control of the manufacturer and not us. We merely market and resell their equipment. The onus in upon the client to research the particular brands' functionality and quality through their web sites, specifications sheets and through user forums and review sites such as iLounge before making purchases.

Returns cannot be accepted if cables, user manuals, original marketing and protective packing or accessories are damaged, torn or missing from the original packaging. If the item is damaged, mishandled or scratched in anyway then a return and refund will not be accepted.

The Purchaser is responsible for costs of shipping for returns and the Seller is responsible for shipping of replacement units only if the unit is deemed to be faulty. Return shipments to buyer are via insured post office mail. The buyer is responsible for all return shipping costs if items are not faulty. It is entirely the discretion of the seller to allow returns in exchange for other goods. In this case the cost of return shipment is for the buyers' account. If the seller allows a return, a 15% re-stocking fee is chargeable.

We understand your right to return an item that you "don't like" within 7 days. Some of our items have specific disclaimers on the item description that inform you that you may NOT return the item should you not like it and tell you not to purchase the item if you might not like the item. Reasonable people will understand that other items, like cases and covers, can only be returned IF they have NOT been used and if the packaging is still sealed, and then will only be swopped out for another item and the purchase price will not be refunded. Re-posting the device to the buyer is at the buyers cost.

Some of our items have specific disclaimers on the item description that inform you that you may NOT return the item should you not like it and tell you not to purchase the item if you might not like the item. For health reasons, earphones are not returnable. Reasonable people will understand that other items, like cases and covers, can only be returned IF they have NOT been used and if the packaging is still sealed, and then will only be swapped out for another item and the purchase price will not be refunded. Re-posting the device to the buyer is at the buyers cost. Please note that items in our bargain bin are not refundable or do not carry any warranty.