Terms of service
TERMS OF SERVICE FOR MONS GADGETS & ELECTRONICS
INTRODUCTION
Welcome to the monsgadgets.com website (the "Site"). This legal document (Terms of Service or Terms & Conditions of Use or T&Cs) apply to the Site, and all of its divisions, subsidiaries, and affiliate-operated internet sites which reference these Terms and Conditions.
This website is owned and operated by Mons Gadgets & Electronics, Namibia. For this website, "seller", "we", "us" and "our" all refer monsgadgets.com
The Site reserves the right, to change, modify, add, or remove portions of the Terms of Service at any time. Changes will be effective as at when posted on the Site with no other notice provided. Please check these Terms of Service regularly for updates. Your continued use of the Site following the posting of changes to these Terms of Service constitutes your acceptance of those changes.
Kindly review the Terms of Service listed below diligently before using this website as your use of the website indicates your consent to be bound by its Terms & Conditions of use without modification.
You agree that if you are unsure of the meaning of any part of these Terms of Service or have any questions regarding the stipulated terms and conditions, you will not hesitate to contact us for clarification. These Terms of Service fully govern the use of this website and no extrinsic evidence, whether written or oral shall be incorporated.
OUR SERVICE TERMS
USE OF THE SITE
You ascertain that you are at least 18 years of age or are accessing the Site under the supervision of a parent or legal guardian.
Both parties agree that this website may only be used following these Terms of Service. If you do not agree with the T&Cs therein or do not wish to be bound by them, you agree to cease from using this site.
We grant you a revocable, non-transferable, and non-exclusive license to use this Site, under the Terms of Service, for such things as shopping for products sold on the site, gathering upfront information regarding our products and services as well as making purchases. The commercial use of this site or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance.
These Terms particularly prohibit actions such as: probing with the functionality of this website, accessing our servers illegally, collating or altering any underlying software code, infringing any intellectual property rights. This list is limitless and similar actions are also strictly prohibited.
Any breach of these Terms of Service shall result in the immediate revocation of the granted license without prior notice to you. If we determine at our sole discretion that you are in breach of any of the set conditions, we reserve the right to deny you access to this website and its contents and do so without prejudice.
To access certain services and related features that may be made available on the Site, you may have to register or subscribe. If you decide to register or subscribe for such services or related features, you agree to provide correct and current information about yourself and to update such information if there are any changes. Every Site user is solely responsible for keeping passwords and other account identifiers safe and secure.
The account holder is responsible for all activities that occur under his/her account. Furthermore, you must inform us of any unauthorized use of your account. The Site shall not be responsible or liable, whether directly or indirectly, in any way for any loss or damage of any kind incurred because of, or in relation with, your failure to comply.
During your registration, you agree to receive promotional emails from the Site. You can subsequently opt-out of receiving promotional emails by clicking on the provided link at the bottom of such promotional emails.
USER SUBMISSIONS
Any information submitted to the Site and/or provided to us, including but not limited to, questions, comments, reviews, and suggestions (Submissions) will become our sole and exclusive property and shall not be returned to you.
In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the submitted name, in connection with such comment, review, or other content. You shall not use a false e-mail address, impersonate or otherwise mislead us as to the origin of any Submissions. We may, but shall not be compelled to, remove or edit any Submissions.
By signing up or completing an order, you agree to receive i) all emails related with finalizing your order, which may contain relevant offers from third parties, and ii) emails asking you to review Mons Gadgets & Electronics and your purchase and iii) promotional emails, SMS and push notifications from us. You may unsubscribe from our promotional emails and/or SMS via a link provided in each mail/SMS. In case you wish that we remove your personal information from our database, please email our Customer Service via the associated email address.
AVAILABLE INFORMATION ON WEBSITE
You agree that the information contained in this site is provided “as is, where is”, is intended for informative purposes only and that it is subject to amendment without notice. Although we take logical steps to ensure the accuracy of the information and we believe its reliability when posted, it should not be relied upon and it does not in any way constitute a representation, guarantee or warranty.
ACCEPTANCE OF ELECTRONIC DOCUMENTS
You agree that all disclosures, notices and other communications provided to you electronically satisfy any legal requirement that such communications may imply in writing.
WEBSITE’S ACCESSIBILITY
Our goal is to ensure accessibility to the website always. However, we make no direct depiction of such nature and reserve the right to terminate the website at any time and without notice. You accept that service interruption may occur due to external factors beyond our control or to allow website improvements and scheduled maintenance.
LINKS AND THIRD-PARTY WEBSITES
We may incorporate links to third-party websites at any time. However, the presence of a link to another website should not be seen as an affiliation or a partnership with a third party or viewed as an endorsement of a particular website unless explicitly stated otherwise.
In case the user follows a link to another website, he or she does so at his or her own risk. We accept no responsibility for any content, including, but not limited to, information, products, and services, available on such third party websites. We also reserve the right to revoke our consent without notice or justification. Furthermore, creating a link to this website is strictly forbidden without our prior written consent.
INTELLECTUAL PROPERTY
Both parties agree that all intellectual property rights and database rights, whether registered or unregistered, in the Site, information content on the Site and all the website design, including, but not limited to, text, graphics, photos, video, music, sound, software and all software compilations, and their selection and arrangement, and all underlying source codes shall remain at all times vested in us or our licensors. Use of such material will only be permitted with our explicit permission or as authorized by our licensors.
Any unlawful use of this site’s material and content is strictly forbidden and you agree not to or help any third party to, reproduce, copy, publish, transmit, display, distribute, commercially exploit or make derivative works of such material and content.
DATA PROTECTION
Any personal information collected regarding the use of this website will be held and used following our Privacy Policy, which is available on our Site. We store your address and might use it for commercial purposes.
INDEMNITY
You consent to indemnify and hold us or our affiliates, employees and/or agents, as the case may be, free from any claim or demand, including reasonable legal fees, associated with your breach of these Terms of Service.
APPLICABLE LAW AND JURISDICTION
These Terms of Service shall be interpreted and governed by the laws in force in Namibia. Subject to the Arbitration section below, each party hereby agrees to submit to the jurisdiction of the courts of Namibia and to waive any objections based upon venue.
ARBITRATION
Any controversy, claim or dispute arising out of or relating to these Terms of Service will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Namibia. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Namibia and is independent of either party. Irrespective of that, we reserve the right to trail the protection of our intellectual property rights and confidential information through injunctive or other equitable court reliefs.
TERMINATION
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms of Service or revoke any or all of your rights granted under such agreement.
Upon the termination of this Agreement, you shall instantly forfeit all access to the Site and we shall, in addition to any other legal or equitable remedy, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site entirely or partially.
This termination of agreement would not affect the respective obligations and rights (including but without limitation, payment obligations) of the parties arising before the termination date. Furthermore, you agree that the Site shall not be liable to you or any other person as a result of any such suspension or termination.
If you are still dissatisfied with us or with any terms, conditions, rules, policies, guidelines, or practices of Mons Gadgets & Electronics, your only remedy is to cease using the Site.
SEVERABILITY
If any portion of these terms or conditions is held by any court or tribunal to be invalid or unenforceable, either completely or partially, then that part shall be severed from these Terms of Service and shall not affect the validity or compulsion of any other section listed in this document.
T&Cs FOR SALES
CONTRACT FORMATION
Both parties consent that browsing the site and gathering information regarding the services provided by us does not constitute an offer to sell, but merely an invitation to treat. The parties accept that a valid offer is only made once you have selected the item you intend to purchase, chosen your preferred payment method, proceeded to the checkout and completed the checkout process.
Both parties consent that the acceptance of offer is not made when we contact you by phone or email to confirm that the order has been placed online. Your offer is only accepted when we dispatch the product to you and inform you either by email or phone of the dispatch of your ordered product.
Before your order is confirmed, you may be asked to provide additional information (for verification purpose), including but not limited to phone number and address, before we accept the order.
Also note that there are some cases when an order cannot be fulfilled or processed for various reasons. We reserve the right to refuse or cancel any order for whatever reason at any given time.
PAYMENT AND PRICING
We are resolute in providing the most accurate pricing information on the Site to our users. Nevertheless, errors may still occur, like cases when the price of an item is not displayed correctly on the website. Thus, we reserve the right to refuse or cancel any order. If an item is mispriced, we may, subject to our discretion, either contact you for further instructions or cancel your order and notify you of such cancellation.
There is an operational payment gateway on this Site. Therefore any debit/credit card details supplied will be charged instantly, should the transaction be successful, the reservation will be confirmed and the deposit posted onto your reservation. We reserve the right to refuse or cancel such orders whether or not the order has been confirmed and your debit/credit card charged. In case we are unable to provide the services, we will inform you of this as soon as possible. A full refund shall be given where you have already paid for the products.
T&Cs FOR IPHONE AND IPAD REPAIRS
(I) Full Payment should be done before repair is conducted and device owner agrees to pay the full invoiced amount above.
(II) If we’re unable to complete the repair service for any reason or the service will incur further costs payable by you, we will notify you immediately.
(III) Any stored information on the device shall remain your sole responsibility and we accept no liability for loss or corruption of such data howsoever caused. It is your duty to keep a record of any such data.
(IV) Mons Gadgets & Electronics will provide thirty (30) days warranty on specific repair work done. Date is counted from the first date of pickup or delivery of phone to client after repair.
(V) Same day repair should customer book in phone or drop off phone at store before 2p.m. After 2p.m then phone will be ready for pick-up or delivery the following day.
(VI) Clients sending phones in for repair with third party carriers should ensure that phone is safe, reasonably insured and well packaged to prevent damage or loss and thus shall remain the sole responsibility of customer including shipping fees incurred
DELIVERY AND RETURNS POLICY
Information on this is as contained in the document titled “Delivery and Returns Policy” on our Site.
MISCELLANEOUS PROVISIONS
Assigning or sub-contracting any of your rights or obligations under these Terms of Service (including but not limited to sales and repairs) to any third party is prohibited unless agreed upon in writing by Mons Gadgets & Electronics. We reserve the right to assign, sub-contract or transfer the benefit of the whole or part of any rights or obligations under these Terms of Service of Sale to any third party.
CONCLUSION
This Agreement, with all exhibits and additions hereto, represents this entire agreement between you and Mons Gadgets & Electronics. It supersedes any other contemporary agreements, writings or depictions concerning all matter addressed herein.
Effective Date of Terms of Service: ………..