Terms & Conditions

TERMS AND CONDITIONS OF THIS SITE

www.x-one.co.za

 

17 Sim Street

Pomona

Kempton Park

Gauteng

1619

Z-Worx (Pty) Ltd trading as X-ONE

 

INTRODUCTION

You have arrived at our terms and conditions for use of this website by you. These terms and condition, together with the Privacy Policy, Shipping agreement and Refunds Policy (“Annexures”) form this Agreement.

This Agreement is a binding agreement between you and X-ONE. As this agreement also sets out terms and conditions governing your purchasing goods on this website, please take your time to read them carefully. If you disagree or are not certain of any of these terms and conditions or Annexures, you should not accept them.

Our services will only be provided to you upon your accepting of the terms and conditions of this Agreement. You will be able to accept these terms and conditions by clicking on the “I ACCEPT” checkbox/ button when registering an account with us.

By entering any and all personal information on this website, you consent to the processing of your personal information by X-ONE  in terms of the Protection of Personal Information Act.

 

GENERAL

X-ONE may, in its sole discretion at any time, for any reason and without prior written notice, suspend or terminate the operation of this 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.

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 to enforce any right in terms hereof, on the part of you or X-ONE shall not constitute a waiver of that right.

Should any term or condition herein be declared invalid, the remaining terms and conditions shall remain in full force and effect.

Unless in writing and accepted by or on behalf of the parties hereto, no variation, addition, deletion, or agreed cancellation of the terms and conditions will be of any force or effect.

No indulgence, extension of time, relaxation or latitude which any party may show grant or allow to the other 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 along with the Annexures contain the whole agreement between you and X-ONE and no other warranty or undertaking is valid, unless contained in this document between the parties.

 

USE LICENSE

This website is for personal use only. You may not make use of content from this website, whether direct or derived, for any commercial purpose whatsoever. You may not use any form of automated search or download technology to access this site unless it is in accordance to the guidelines set forth in our robots.txt file. You may not frame or utilise framing techniques to enclose any content on this website without our express written consent.

 

SECURITY

We take every precaution to prevent the loss, misuse and alteration of all information under our control. When you submit sensitive information via our site, your information is protected both online and offline. All payments are made via sage pay through their 3d secure gateway, When their registration form asks you to enter sensitive information (such as credit card number), that information is encrypted and is protected using SSL(Secure Sockets Layer). While on a secure page, such as our registration form, the lock icon on the bottom of Web browsers such as Netscape Navigator and Microsoft Internet Explorer becomes locked, as opposed to un-locked, or open, when you are just ‘surfing’.

While we use encryption to protect sensitive information online, we also do everything in our power to protect user-information off-line. The servers that we store personally identifiable information on are kept in a secure environment.

If you have any questions about the security at our site, you can send an email to info@x-one.co.za .

 

LIMITATION OF LIABILITY / DISCLAIMER

This site is provided “as is”, and you use this site at your own risk.  Neither X-ONE, its directors, employees, agents or suppliers shall be responsible for any damages or loss resulting from or relating to the use of this site or any of its content, irrespective of the cause of the damages.
We make no representations or warranties of any kind, whether express or implied.
We disclaim all representations and warranties including but not limited to the site and its availability, the content of the site or the accuracy thereof, product availability and delivery times, merchantability or fitness for a particular purpose of information, goods or services.

 

FORCE MAJEURE

We shall not be liable to you for any breach, hindrance or delay in the performance of a Contract attributable to any cause beyond our reasonable control, including without limitation any natural disaster and unavoidable incident, actions of third parties (including without limitation hackers, suppliers, governments, quasi-governmental, supranational or local authorities), insurrection, riot, civil commotion, war, hostilities, warlike operations, national emergencies, terrorism, piracy, arrests, restraints or detainments of any competent authority, strikes or combinations or lock-out of workmen, epidemic, fire, explosion, storm, flood, drought, weather conditions, earthquake, natural disaster, accident, mechanical breakdown, third party software, failure or problems with public utility supplies (including electrical, telecoms or Internet failure), shortage of or inability to obtain supplies, materials, equipment or transportation (“Event of Force Majeure”), regardless of whether the circumstances in question could have been foreseen.
Either you or X-ONE may terminate a Contract forthwith by written notice to the other in the event that the Event of Force Majeure lasts for a period of two (2) Business Days or more, in which event neither you nor X-ONE shall be liable to the other by reason of such termination (other than for the refund of a Product already paid for by you and not delivered).
If we have contracted to provide identical or similar Products to more than one Customer and are prevented from fully meeting our obligations to you by reason of an Event of Force Majeure, we may decide at our absolute discretion which contracts we will perform and to what extent.

 

GOVERNING LAW AND JURISDICTION

This Site is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law and, subject to the Disputes clause of these Terms and Conditions, you and X-ONE submit to the jurisdiction of the South African courts.

 

DISPUTES

Disputes between you and X-ONE:


Save for urgent or interim relief which may be granted by a competent court, in the event of any dispute of any nature whatsoever arising between you and X-ONE on any matter provided for in, or arising out of these Terms and Conditions, and not resolved through the Customer Relations Department of X-ONE,then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. The expedited arbitration rules may be downloaded from http://www.arbitration.co.za/downloads/expedited_rules.pdf

 

ELECTRONIC COMMUNICATIONS

When you visit the Website or send emails to us, you consent to receiving communications from us or any of our divisions or partners electronically in accordance with our privacy policy.

 

ADDRESS FOR NOTICE

X-ONE  chooses as its address for all purposes under these Terms and Conditions, whether in respect of court process, notice, or other documents or communication of whatsoever nature, the following address: 17 Sim Road Pomona Kempton Park Gauteng 1619 , with a copy to info@x-one.co.za (the sending of such copy being required in order for any notice to be considered validly delivered to X-ONE).

 

Changes to General terms And Conditions

X-ONE may at 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 such changes. Should you not be satisfied, you must not place any further orders on, or in any other way us 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.

 

LINKS

To the extent that this website contains links to outside services and resources, the availability and content of which X-ONE does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource.

 

TERMS OF SALE

An order is placed with us only after you have clicked on the [Pay for this order] button. Your order is an offer to purchase the goods from us. We only accept your offer once we have dispatched the goods. We do not need to communicate our acceptance to you.
Placing an item in your cart does not constitute an order and we cannot be held liable if the item is no longer available, or if the price has changed by the time the checkout process is completed.
We reserve the right to cancel an order at any point in time without giving any reasons. In this case, we shall be liable to refund any money already paid in respect of that order.
Please note that our website will show an item as being available even if only one unit is available to purchase. If you order multiple units of the same item, we may not be able to supply additional units at the same price, within the same time frame, or in some cases, at all. Please contact us to check availability of multiple units prior to placing an order.
Should you wish to cancel all or part of an order, please send your cancellation request to info@x-one.co.za . Please note, however, that we may not be able to cancel items from an order if they have already been dispatched by our suppliers.

 

TAX CHARGES

For orders made from the South Africa, 14% VAT is already included.

 

DELIVERY OF GOODS

For full details on on delivery of goods, please refer to our Shipping Policy here.

 

INCORRECT ITEMS

If the incorrect product is delivered to you (i.e. it is not the product you ordered), please do not remove the product from its original packaging, open or use the product in any way.

Please promptly contact X-One via info@x-one.co.za so that we can resolve the mistake by arranging to collect the product from you and deliver the correct product to you, as quickly as possible.

 

RETURNS

If you would like to return an item, Please email info@x-one.co.za with the reason for returning and include your order number as a reference in the email. Once we have the information and order number, we will contact you to give you the option of either a refund or exchange.

 

Please note that the item must fulfill these conditions:

  • The item must be in the original packaging with its entire content in perfect condition together with all accessories and documentation (if any) and in perfect condition for the purpose of resale (ie the product must not be damaged, scratched and soiled)
  • Screen Protectors must be unused. Used Screen Protectors cannot be returned.

Once we have received your package and our quality assurance team has verified that the contents meets the conditions above, we will contact you and give you the option of either a refund or an exchange.

Non-defective products

After your receipt of a product purchased, you are entitled  to cancel that purchase within the relevant cooling off period of 7 working days to obtain a refund, and you will be liable for costs such as the courier/shipping/postage fee for the return of the product. Refund after 10% deduction for admin expenses.

 

Defective Products

If, within 7 working days after delivery of a product you find that the product is defective/faulty, or unsuitable for the purpose for which it was indicated in the product description (or otherwise generally intended), or not legal, or not reasonably durable (based on circumstances and product type) (hereinafter referred to as being “Defective”); and you return such product to the seller in the manner set out in the Shipping and returns guide section above (being the ONLY manner in which returns will be accepted by X-One) and if  the product is subsequently found to indeed be Defective, you are entitled to either (a) have the product replaced at X-One expense, or (b) be fully refunded;

  • The goods must be unused
  • Goods must be in their original condition & packaging.
  • Goods must be received back within 7 working days from the day you receive your order.
  • Refunds are issued on the either the 15th or 25th of every month, provided the goods are returned to us in their original condition.
  • Refunds are made via bank transfer to the customer’s designated South African bank account.
  • We will cover the courier cost of the collection of defective or faulty goods.
  • However exchanges on Non-Defective goods, courier fees will be at the cost of the client.

 

Return address : Harbour’s Edge, 2 Hospital Street, Green Point, Cape Town, 8001

 

Limited Warranty

Thank you for your interest in the products and services of X-One.

The Limited Warranty is valid for 1 year, starting from the date of purchase. If a defect or malfunction occurs, this limited warranty will replace the item and will not include any compensation for any loss arising.

The Limited warranty covers specific X-ONE products listed below:

  • X-ONE Braided/Lightning Cables To Micro USB Cables
  • X-ONE Mobile Cases

 

What does this limited warranty cover?

Warranty is only covered if product is used and maintained as directed. This Limited Warranty covers any defects (see below) in material or workmanship during the Warranty Period. During the Warranty Period, X-ONE reserves the right to replace, at no charge, the product that proves defective because of material defects or workmanship. Please note that the warranty is non transferable and only applies to the original end purchaser.

What we will do? We will replace the item at no charge, with a new product of the same model.

How long does the coverage last? The Warranty Period for items purchased from X-ONE is one (1) year starting from the date of purchase. (Excluding screen protectors)

What is NOT covered by this limited warranty? This Limited Warranty does not cover any problem that is caused by / originates from:  

  • Drops,
  • Installation failures,
  • Daily tear wear,
  • Intentional modifications,
  • Items not sold by us or authorised resellers,
  • Item not manufactured by us,
  • Misuse, mishandling of item,
  • Theft or loss of the product.
  • Does not cover consequential damage.

What to do? To obtain warranty service, you MUST first contact us with a valid proof of purchase AND two (2) photos to determine the problem and the most appropriate solution for you. We do not accept unannounced returned damaged products.

Important:

  • Promotional items (reviews, videos, etc.) are not eligible for warranty

  • Save your receipt
  • Perform maintenance where applicable (refer to care guide) ie. Leather- covers
  • Use according to manufacturer instructions.

 

Gift Vouchers

X-ONE may from time to time make physical or electronic gift vouchers (“Gift Vouchers”) and promotional coupons or discounts (“Coupons”) available for use on the Website towards the purchase of X-ONE Goods. Gift Vouchers and Coupons can only be redeemed while they are valid and their expiry dates cannot be extended. More specifically:

 

  • The credit of a promotional voucher may be used exclusively for purchases on the Site.
  • Promotional coupons are valid for the specified period stated on them only, can only be redeemed against regular priced products and cannot be used in conjunction with other promotional coupons.
  • If you place an Order for a Product less than the value of the promotional coupon, no refund or residual credit will be returned to you.
  • The credit of a promotional coupon/ gift voucher does not accrue interest nor does it have a cash value.
  • Gift vouchers are not refundable for cash once purchased.
  • If the credit of a gift voucher is insufficient for the Order you wish to make, you may make up the difference through payment.
  • We assume no liability for the loss, theft or illegibility of gift or promotional coupons.