Terms and Conditions
1. Introduction
1.1. This website can be accessed at www.skullcandyshop.co.za , related mobi-sites and software applications, all are referred to as (the “Website”).
1.2. These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Products, and the use of the Website.
1.3. These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website and by creating a user profile, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
1.4. The Website enables you to shop online for a variety of tech and non-tech accessories (hereinafter the “Products”).
2. Notices
2.1. These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”) and/or the Electronic Communications and Transactions Act 25 of 2002 ( the “ECTA”).
2.2.This website is operated by Gammatek (Proprietary) Limited (“Gammatek”), who have been granted the rights to operate a Skullcandy website with a South African domain by Skullcandy International GmBH, in terms of a website usage agreement.
2.2. These Terms and Conditions contain provisions which -
a) may limit the risk or liability of Gammatek or a third party; and/or
b) may create risk or liability for the user; and/or
c) may compel the user to indemnify Gammatek or a third party; and/or
d) serves as an acknowledgement, by the user, of a fact.
2.3. Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
2.4. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Gammatek to explain it to you before you accept the Terms and Conditions or continue using the Website.
2.5. 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 Gammatek in terms of the CPA and/or the ECTA, whichever is applicable.
2.6. Gammatek permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.
3. Registration and use of the website
3.1. Only registered users may order Products on the Website.
3.2. To register as a user, you must provide a unique username and password and provide certain information and personal details to Gammatek. You will need to use your unique username and password in order to purchase Products.
3.3. You agree and warrant that your username and password shall:
a) be used for personal use only; and
b) not be disclosed by you to any third party.
3.4. For security purposes you agree to enter the correct username and password whenever ordering Products, failing which you will be denied access.
3.5. 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, except where the order is cancelled by you in accordance with these Terms and Conditions.
3.6. You agree to notify Gammatek 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.
3.7. 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.
3.8. You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Gammatek representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
3.9. You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
3.10. You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised Gammatek representative.
4. Sales and Availability of Stock
4.1. Registered users may place orders for Products, which Gammatek may accept or reject. Whether or not Gammatek accepts an order depends on the availability of Products, correctness of the information relating to the Products (including without limitation the price) and receipt of payment or payment authorisation by Gammatek for the Products.
4.2. You may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery or your collection of the Products, you may return the Products only in accordance with the Returns Policy. (https://www.skullcandyshop.co.za/returns)
4.3. You acknowledge that stock of all Products on offer is limited and that pricing may change at any time without notice to you. In the case of Products for sale by Gammatek, Gammatek 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 Products are no longer available after you have placed an order, Gammatek will notify you and you will be entitled to a refund of any amount already paid by you for such Products
4.4. Any Products purchased may not be used for the purpose of resale. Should we suspect that any such Products are being purchased for resale, we are entitled to cancel your order immediately on notice to you and refund to you the purchase price of the Products.
5. Payment
5.1. We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
5.2. In respect of payment the following QR Code payment methods are available on the Skullcandy website:
•Zapper
• MTN Momo
5.3. Credit card, Debit card or EFT: where payment is made by credit card, debit card or EFT, 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 Products will be cancelled.
5.4. You warrant that you are fully authorised to use the credit card / debit card supplied for purposes of paying for the Products. You also warrant that your credit card / debit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website.
6. Delivery of Products
6.1. The delivery of Products will take place via Courier.
6.2. For more information about delivery, please see our Shipping and Delivery section, which are incorporated into these Terms by reference. Our delivery charges are subject to change at any time, without prior notice to you, so please check the applicable delivery charges in your cart when you check out.
6.3. Where Gammatek accepts your order, Gammatek will process your order once we receive confirmation of successful payment.
6.4. Gammatek’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. Gammatek 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.
6.5. In respect of Delivery coupons, should you be provided with a delivery coupon in terms of any campaigns and/or promotions on the site, the Delivery coupon shall only be applied to one complete purchase and shall be valid for one delivery thereof.
7. Use and Redemption of Gift Cards
7.1. This gift card can be redeemed online only at www.skullcandyshop.co.za
7.2. The gift card is valid for 3 (three) years from date of issue and must be utilised within this period.
7.3. In the event that the gift card is lost and/or stolen, neither Gammatek nor any of its agents will be liable for any reimbursement of any nature whatsoever.
7.4. The usage of the gift card is solely at the risk and discretion of the customer.
7.5. The gift card can be applied to any item. If the total value of your purchase exceeds the value of the gift card used, the balance is required to be paid using any of the available payment methods on www.skullcandyshop.co.za .
7.6. The gift card may not be used for any illegal transactions.
7.7. Misuse of the gift card constitutes fraud and may lead to prosecution.
7.8. This gift card may not be refunded, exchanged or sold for cash or credit.
7.9. Purchase authorisation will be declined if these terms and conditions are breached.
7.10. The amount registered on the gift card will not accrue any interest.
7.11. Exchange and/or return of products purchased in whole or in part with the gift card will be governed by the procedures and policies of Gammatek and the applicable law.
7.12. At the time of any exchange or return, you must present both the receipt and the gift card confirmation/number.
8. Changes to these Terms and Conditions
8.1. Gammatek 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.
8.2. 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.
9. Disclaimer
9.1. 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.
9.2. Whilst Gammatek takes reasonable measures to ensure that the content of the Website is accurate and complete, Gammatek 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 Gammatek representatives, Gammatek shall not be bound thereby.
9.3. Gammatek 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.
9.4. Although 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.
10. Limitation of liability
10.1. Gammatek 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 Gammatek, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of our customer care team.
10.2. Gammatek 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.
10.3. You hereby indemnify Gammatek 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.
11. Governing law and jurisdiction
11.1. 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.
11.2. In the event of any dispute arising between you and Skullcandy, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Gauteng Division) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
11.3. Nothing in this clause 11 or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA and/or the ECTA, whichever is applicable.